HomeMy WebLinkAboutAgenda Packet 2003/10/07 cITy COUNCIL AGENDA
October 7, 2003 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHULA VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Susan Bigelow
The Cit~ on the first calendar Tuesday at 4:00 p.m.
and on the . third and fourth calendar Tuesdays at 6:00 p.m.
may be viewed at 7:00 p.m. on Wednesdays on
Channel 24 or Chula Vista Cable Channel 68
October 7, 2003
declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that \ posted this
document on the bulletin board according to
Brown Act requirements.
AGENDA Dated IO..;J...o3 Signed Sfv~j! ~
4:0 .M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY ACTING DIRECTOR OF PLANNING AND BUILDING JIM
SANDOVAL OF THE EMPLOYEE OF THE MONTH, CAROLYN DAKAN, PLANS
EXAMINER
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DECLARING
OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH IN THE CITY OF
CHULA VISTA
· PRESENTATION BY JUSTIN AUGUSTINE, AMERICAN TRANSIT
CORPORATION (ATC) REGIONAL VICE-PRESIDENT AND JEANNE SNYDER,
ATC CHULA VISTA GENERAL MANAGER, OF CHULA VISTA TRANSIT'S
DRIVER OF THE YEAR AWARD TO HOCHIMIN ALMAGUER
· PRESENTATION BY THE EASTLAKE COMPANY AND BUILDING INDUSTRY
ASSOCIATION OF A CHECK TO THE CITY FOR THE CHULA VISTA BOYS AND
GIRLS CLUB FROM THE TOUR D'ELEGANCE FUNDRAISER
CONSENT CALENDAR
(Items 1 through 11)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to 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 MINUTES of September 16, 2003.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.46 OF THE CHULA VISTA MUNICIPAL CODE,
CHANGING THE MEMBERSHIP REQUIREMENTS AND TERM OF OFFICE OF
THE YOUTH ADVISORY COMMISSION (SECOND READING AND ADOPTION)
In April 2003, the £ouncil approved re-establishing the City's Youth Advisory
Commission for a foul-year trial period. During the initial process to appoint new
commissioners, it was determined that changes needed to be made in the ordinance
related to membership ] equirements and term of office. This ordinance was introduced
on September 30, 2003. (Assistant City Manager Palmer)
Staff recommendation: louncil adopt the ordinance.
3A. RESOLUTION OF Ti E CITY COUNCIL OF THE CITY OF CHULA VISTA
CALLING AND GPqNG NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTI( IN 1N SAID CITY ON TUESDAY, MARCH 2, 2004, FOR THE
ELECTION OF TWO 1~ IEMBERS OF THE CITY COUNCIL, AS REQUIRED BY THE
PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE
STATE OF CALIFOR/~IA RELATING TO THE CONDUCT OF ELECTIONS
/
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTiNG REGUL/~TIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO M.~TERIALS SUBMITTED TO THE ELECTORATE AND THE
COSTS THEREOF FO ~_ THE GENERAL MUNICIPAL ELECTION TO BE HELD iN
SAID CITY ON TUES] )AY, MARCH 2, 2004
C. RESOLUTION OF TilE CITY COUNCIL OF THE CITY OF CHULA VISTA
REQUESTING THE B~ )ARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF
VOTERS TO PER_FO] LM SERVICES FOR THE CONDUCT OF THE GENERAL
MUNICIPAL ELEC~IION FOR THE CITY OF CHULA VISTA TO BE
CONSOLIDATED WI' ?H THE STATEW1DE PRIMARY ELECTION TO BE HELD
ON MARCH 2, 2004
The purpose of the Mm :h 2, 2004 General Municipal Election is to select two Members
of the City Council t, ~ fill Seats 3 and 4 for full terms consisting of four years,
commencing December 2004. The proposed resolutions are required to give notice of the
election, adopt regulatic ns for candidates and request election services from the Registrar
of Voters. (City Clerk)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION OF T tE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GR ANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR EASTLAKE VII LAGE CENTER EAST, LOCATED AT THE NORTHEAST
CORNER OF EAS'[LAKE PARKWAY AND OTAY LAKES ROAD, AND
AUTHORIZING THE 1/IAYOR TO EXECUTE SAID AGREEMENT
On August 7, 2003, S1 afl approved a conditional tentative parcel map waiver for the
Eastlake Village Center East. The parcel map was approved and recorded, along with the
associated agreements,, ~n August 19, 2003. The project is located at the northeast comer
of Eastlake Parkway an ~ Otay Lakes Road, and will consist of a Kohls department store
and other smaller con tmercial vendors sharing the 9.5-acre site. Adoption of the
resolution approves the grant of easements and maintenance agreement, required by the
conditions of approval )f said conditional tentative parcel map waiver. This agreement
sets forth specific oblil ~tions and responsibilities for the maintenance by the Eastlake
Village Center East pr* ject of certain landscaping improvements and facilities located
within public right-of-~ tys adjoining the project. (Director of Engineering)
Staffrecommendation: ',ouncil adopt the resolution.
Page 2 - Council Agenda 10/07/2003
$ A. RESOLUTION OF T]tE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING $141,120 OF STORM DRAIN FUND APPROPRIATIONS FROM
THE DRAINAGE B kSIN CONSTRUCTION, EAST OF SECOND AVENUE
PROJECT (DR-120) T~ DRAiNAGE FACILITIES MASTER PLAN (DR-154), AND
APPROPRIATING $7 100 FROM THE TRUNK SEWER CAPITAL RESERVE
FUND TO THE WA TEWATER MASTER PLAN (SW223) (4/5THS VOTE
REQUIRED)
B. RESOLUTION OF TI CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIt ST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF CHULA 7ISTA AND PBS&J, FOR THE PREPARATION OF A
WASTEWATER MA, TER PLAN AND A DRAINAGE FACILITIES MASTER
PLAN, AND AUTHOR [ZING THE MAYOR TO EXECUTE SAID AMENDMENT ON
BEHALF OF THE CIT
On October 22, 2002, C uncil approved an agreement with PBS&J for the preparation of
a Wastewater Master PI m and a Drainage Facilities Master Plan. Since then, as work on
the project proceeded, :t became apparent that additional work would need to be done
beyond what was define d in the original scope of work in order to complete the Drainage
Facilities Master Plan mtd Wastewater Master Plan. (Director of Engineering)
Staff recommendation: ~oun¢il adopt the resolutions.
6A. RESOLUTION OF T tE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE M kSTER FEE SCHEDULE TO PERMIT PICNIC SHELTER
RESERVATIONS N CITY PARKS YEAR-ROUND, EFFECTIVE
NOVEMBER 1, 2003
B. RESOLUTION OF tE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FIS¢ ;AL YEAR 2003/2004 BUDGET BY APPROPRIATING $2,000
FROM UNANTICIPA' ?ED REVENUES FOR HOURLY WAGES (4/5THS VOTE
REQUIRED)
The Picnic Shelter Re ;ervation Program was established in 1986 at Rohr Park and
Eucalyptus Park. The i ~servation dates have remained the same since the establishment
of the program. Due to increased demand at Parks throughout the City, it is now
necessary to expand the reservations program to year-rotmd. (Director of Public Works
Operations)
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION OF TilE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $6( ~,000 FROM THE AVAILABLE BALANCE OF THE PARK
ACQUISITION AND DEVELOPMENT FEE FUND (PAD FEE) FOR THE
ACQUISITION OF RE AL ESTATE APPRAISAL SERVICES FOR UNDEVELOPED
PROPERTY IN OTAY RANCH RELATED TO A PROSPECTIVE UPDATE OF THE
PAD FEE (4/5THS VC TE REQUIRED)
Page 3 - Council Agenda 10/07/2003
The City is in the proce ss of analyzing the need to update the existing Park Acquisition
and Development Fee, ~ particular the land acquisition component. The appraisals that
are contemplated by :his appropriation will form the basis of any future staff
recommendations with ~spect to adjustments to the fee. (Director of General Services)
Staff recommendation: 2ouncil adopt the resolution.
8. RESOLUTION OF T]IE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DE gIGN BUILD AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION COl dPANY FOR THE PROVISION OF SERVICES REQUIRED
TO DESIGN AND CC NSTRUCT FIRE STATION NO. 6, LOCATED AT EAST H
STREET AND MT. MIGUEL ROAD IN THE ROLLING HILLS RANCH
COMMUNITY .OF C3tULA VISTA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGRJ ~EMENT
The City Council pre~ [ously approved CIP project No. PS-126, which involves the
construction of a comp] eted and fully functional 4,200 square-foot, two-bay fire station
including the facilities and site-work required to provide fire service to the eastern
territories of the City. ['he project is ready to begin the design phase. Adoption of the
resolution awards Eric~ son-Hall Construction Co. a Design Build Agreement for Fire
Station No. 6. (Direetox of General Services)
Staff recommendation: Council adopt the resolution
9. RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE A 3REEMENT BETWEEN WILLDAN CORPORATION AND
THE CITY OF CHI ILA VISTA TO PROVIDE BUILDING PLAN REVIEW,
INSPECTION AND 2ODE ENFORCEMENT INSPECTION SERVICES, AND
AUTHORIZING THE ~AYOR TO EXECUTE SAID AGREEMENT
Due to the continued gh level of construction activity, the increase in commercial and
industrial construction, and the expanded involvement of Code Enforcement in
revitalization projects, taff prepared a Request For Proposal for plan check, inspection
and code enforcement inspection services. Adoption of the resolution approves an
agreement with Willdar Corporation (San Diego) for plan review services and inspection
and code enforcement .spection services. (Director of Planning and Building)
Staffrecommendation'. '.ouncil adopt the resolution.
10. RESOLUTION OF Ti E CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE Pl '~OPOSAL TO NAME THE OTAY RANCH VILLAGE SIX
NEIGHBORHOOD PA R_K, "SANTA VENETIA PARK"
On May 27, 2003, th*'. City Council approved the Master Plan for the Village Six
Neighborhood Park. In order to establish a stronger village identity, City staff, the Otay
Ranch Company, and 'the MeMillin Company have agreed to name the park, "Santa
Venetia Park." Santa ¥ enetia is one of the promenade streets that both of the developers
of Village Six (Otay Ranch Company and McMillin Company) share in common.
(Acting Director of Plat ning & Building)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda 10/07/2003
11. RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE A£ REEMENT FOR USED OIL RECYCLING BLOCK GRANT
NO. UBG9-03-0097 FROM THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOA RD, AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL DOCUMENTS Ii~1 CONJUNCTION WITH ADMINISTERING THE GRANT
AND APPROPRIATING $85,231 TO IMPLEMENT THE GRANT (4/5THS VOTE
REQUIRED)
The California Used Oil Enhancement Act requires the collection of four cents for every
quart of lubricating c sold, transferred, and imported into California from oil
manufacturers. Chula '~ sta consumers pay four cents per quart into the fund when they
purchase oil. The Act r ~andates the California Integrated Waste Management Board use
a portion of the funds tc ~rovide block grants to local governments for used oil programs
that encourage used recycling. (Director of Conservation and Environmental
Services)
Staff recommendation: ouncil adopt the resolution.
ORAL COMMUNICATION~
Persons speaking durin. Oral Communications may address the Council on any
subject matter within th, Council's jurisdiction that is not listed as an item on the
agenda. State law gene~ 'ally prohibits the Council from taking action on any issue
not included on the ag reda, but, if appropriate, the Council may schedule the
topic for future discuss~ ~n or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are ext ,ected to elicit discussion and deliberation. If you wish to
speak on any item, ple~ !se fill out a "Request to Speak" form (available in the
lobby) and submit it to t ~e City Clerk prior to the meeting.
12. CONSIDERATION Ot IMPLEMENTATION OF A CITY COUNCIL POLICY FOP.
THE DEVELOPMENt' OF AFFORDABLE, FOR-SALE HOUSING FOP. LOW-
INCOME BUYEP, S, INCLUDING: ESTABLISHMENT OF DEVELOPMENT
OPTIONS, PROGRAM REQUIREMENTS, AND A PRIORITIZATION SYSTEM FOR
THE SELECTION OF ] IUYERS
Recently, the City Col acil directed staff to provide information on how affordable,
for-sale housing is dew ..loped and the factors that are considered to ensure the for-sale
units are appropriatel3 restricted as affordable. In response, staff assembled an
Affordable Housing ~'orking Group made up of builders, lenders, real estate
professionals, the City's Housing Advisory Commission, and other industry stakeholders.
The purpose of this gr¢ up is to evaluate and provide input on a variety of existing and
proposed housing polici :s, programs, and processes to assist staff and the City Council in
effectively meeting th~: affordable housing needs of our residents and community.
Adoption of the resolu ion accomplishes the group's first policy issue by establishing
implementation guidel nes for the development of affordable, for-sale housing.
(Director of Communit Development)
Page 5 - CouncilAgenda 10/07/2003
Staffrecommendation: ~ ~ouncil adopt the following resolution:
RESOLUTION )F THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING S' ?AFF TO PREPARE A CITY COUNCIL POLICY FOR THE
DEVELOPMEIsT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUY ~RS, INCLUDING ESTABLISHMENT OF DEVELOPMENT
OPTIONS, ES'rABLISHMENT OF PROGRAM REQUIREMENTS, AND
ESTABLISHMI;NT OF A PRIORITIZATION SYSTEM FOR THE
SELECTION O~ BUYERS
13. REPORT REGARDIN( FUTURE TRANSPORTATION PROJECTS SUBMITTED TO
SANDAG FOR THE ~ROPOSED TRANSNET EXTENSION (Continued from the
meeting of September 15, 2003)
SANDAG is currently in the process of working on a ballot measure to extend the
TransNet program. Th~ TransNet program is based on sales tax of one-half cent, and
funds a variety of imp~ ~rtant transportation projects throughout the region. The current
program expires in 20( 8. As part of the process, SANDAG has requested each local
agency to submit propo ;ed projects to be included in the extended program. (Director of
Engineering)
Staffrecommendation: Council accept the report.
ITEMS PULLED FROM TH CONSENT CALENDAR
OTHER BUSINESS
14. CITY MANAGER'S R ?ORTS
15. MAYOR'S REPORTS
A. Ratification of a >ointment of Mark Weatherford to the Board of Ethics.
B. Discussion an~ Council direction regarding membership in Heartland
Communication Facility Authority (HCFA) and policy options. (Continued from
the meeting of 9 '30/03)
16. COUNCIL COMMENq 'S
Councilmember McCann: Request for Council support for the concept of a
family justice (enter for Chula Vista, and for directing staff to research the
feasibility of creating one.
· Deputy Mayor ~ .indone: Request for Council support to direct staff to re-examine
new sewer char es.
Page 6 - CouncilAgenda 10/07/2003
CLOSED SESSION
Announcements of acti~ ,ns taken in Closed Session shall be made available by
noon on Wednesday foi ~owing the Council Meeting at the City Clerk's office in
accordance with the Ra~ oh M. Brown Act (Government Code 54957. 7).
17. CONFERENCE WITI REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODI SECTION 54956.8
Property: S tn Diego Gas & Electric - Gas and Electricity Franchise
([ ertaining to public rights-of-way throughout the City of Chula
¥ ista)
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
G ~ogins
Negotiating Parties: Cty of Chula Vista and San Diego Gas & Electric (various
re ~resentatives)
Under Negotiation: P ce and terms of franchise conveyance
18. CONFERENCE WIT] t REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODt; SECTION 54956.8
Property: T ~e Chula Vista Municipal Golf Course on Bonita Road and
ac acent acreage owned by the City
Agency Negotiator: S Morris
Negotiating Parties: C of Chula Vista (Sid Morris), American Golf Corporation
(t ~rian Jackson)
Under Negotiation: P:/ce, terms, and disposition of lease
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOV[ RNMENT CODE SECTION 54956.9(a)
· City of Chula V stav. Otay Land Company, LLC, a Delaware Limited Liability
Company, et al., GIC796139-1)
20. CONFERENCE WlTI t LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSU~ NT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
ADJOURNMENT to the Re ular Meeting of October 14, 2003, at 6:00 p.m. in the Council
Chamber
Page 7 - CouncilAgenda 10/07/2003
MEMORANDUM
October 3, 2003
FROM:
Mayor Padilla and City Councilmembers I
Councilmember John McCann C} 1f\CC;Y-- ~
Request for excused absence U
TO:
SUBJECT:
Due to illness (102 degree fever), I was unable to stay for the Redevelopment Agency
Meeting on September 30, 2003. I respectfully request that my absence be excused, and
that the minutes of the same meeting reflect the excused absence.
Thank you.
cc: City Manager
City Attorney
City Clerk
Community Development
(l)
ORDINANCE NO.
AN ORDIN,~ NCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER :.46 OF THE CHULA VISTA MUNICIPAL.,C~*'~'-
CHANGING THE MEMBERSHIP REQUIREMENT.~S,~I~I~
OF OFFICE )F THE YOUTH ADVISORY_~I~S-n~ON
WHEREAS, in Apr l 2003, the Cit- Counci~a~o~%~rE;d're_estabhs_,~'x~u -- ,
J pp - ' hing the City s Youth
Advisory Commission for; four-year trial period; and
WHEREAS, the cul :nt ordinance states that the Youth Advisory Commission shalI consist
of two voting members per I tigh school and one student from each middle school; and
WHEREAS, during ! he initial process to appoint new commissioners, it was determined that
changes needed to be made i~ the ordinance related to membership requirements and term of office;
and
NOW, THEREFOR] the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTIONI: ThatCt ~ter2.46oftheChulaVistaMunicipaleodeisherebyamendedtoread
as follows:
2.46.040 Membershi
A. Number off embers
The Commission sha consist of two, ;-ctfn~ members ~er
~ 15 vofin[ membem be~n and including the ages of 12 and 19, with up to,
but no more than, two mere bern from the same school or household, a staffex-officio member,
~d up to t~ee general ex-of 5cio members betw~n and including the ages of 12 and 19.
B. Designation c ~ Members
1. Votin ~ Mmbers
/
Votin ~ members shall be ~::c student, ~cm c
~ ~ appointed by the City
~xayor trom qga~ified residents of~e City bemeen and including the ages of 12
and 19 in accOrd~ce wi~ Section 600 s~. of the Cheer. Members of the Youth
Co~ission s ~..a ....... u~ u ......... a ~
~ ~ residen~ at least 12 years of age at ~e time of~po~t
shM1 maintain residence throu~out the te~ ofo~ce ~d must be ~der ~e age of
~'s ..... n nine' een ~ as of the eo~encement of ~e tem~ to
which they ~{ ~pointed.
2. Staff Ex-officio Member
1,10/7.c]C~;7;,The City Manager or his/her designated representative shall be an ex-officio
member of the commission who shall not be required to be a qualified elector of the
' C,.,..O/i,'ty, and who shall have no vote ("staffex-officio member").
3. Gen'esal,~r~,ffi cio Members
The City Council, or its designee, may appoint not greater than three
additional ex-officio members of the commission, who shall not be required to be
residents of the City, but any such appointed ex-officio members shall have no vote
("general ex-officio member").
2.46.050 Term of Office
A. Term of Office - All Classes of Members
1. Post-Initial Terms of Voting Members
The post-initial term of each appointed voting member shall commence upon
appointment and shall be for a period of four ..-~-~ ,~. .... u~, ......... :_
years. ,~ .......... v ............ · .... ~.,
2, General Ex-Officio Members
The term of general ex-officio members shall be for a period of four years
from the time of appointment.
3. Staff Ex-officio Member
The term of the staffex-officio member shall be indefinite.
4. Holdover Office
Notwithstanding, the end of any member' s initial term or post-initial term as
herein provided, a member, other than the staffex-officio member, shall be permitted
to continue to exercise thc privileges of the former office after the end of the term
until the office to which he or she was assigned is filled by reappointment or by the
appointment of a qualified successor to office.
5. Vacancies
Notwithstanding the term of office to which a member is assigned 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 office.
b. The termination of status as a member of the commission or the
classification which was assigned to be represented on the commission.
c. The member's conviction ora tklony or crime involving moral turpitude.
d. The member's absence from three regular, consecutive meetings of the
commission, unless excused by majority vote of such board or commission
expressed in its official minutes.
e. he member has submitted a resignation which resignation has been
aec }ted by the Cit,/Council.
f. he membership has been terminated by a majority vote of the City
Cot oil.
g. ~e member has graduated from high school.
has cached lheir twentieth birthday. ,,~.vol. The member
Upon the oc urrence of an event of vacancy as hereinabove listed, the City council
shall so declare the off~ce tc >e vacant, and shall expeditiously take such steps as are necessary to fill
said vacancy.
B. Number off] :mas
t. Voti~ Members
a. In~ classification of members shall be consistent with Section. 602(b) of
the CI tarter.
b. Nc voting member shall be appointed to more than two terms except as
hereir provided
e. A ~ ~ting member assigned to an initial term of less than two ears
appoiltted at the natural expiration of their initial term to ~o t;emrmasYl~ne
additi~ ,n to their initial term. A voting member who currently occupies an
offic, Jnder an m~tial term may not be appmnted to fill the unexpired term of
anott r office which has become vacant.
d. A oting member appointed to the commission to fill the unexpired term
of an ~ rice of a voting member which has become vacant ("unexpired term")
whic has less than two years remaining on said unexpired term, may be
appoin ted to two terms in addition to their unexpired term. A voting member
who ct rrently occupies an office may not be re-appointed to fill the unexpired
term o: 'another office which has become vacant.
2. Genera [ Ex-officio Members
Genera ex-officio members may be reappointed without limitation as to
number of tern ~s.
3. Staff E: :-officio Member
The sta: 'f ex-officio member shall serve at the pleasure of the City Council.
SECTION II: This or, inance shall take effect and be in full force on the thirtieth day
from and after its second rem ~g and adoption.
Presented by Approved as to form by
_ CAf'y Attorney
$:~attorn~v~rd~,Youth Advisory Commission or,
C DUNCIL AGENDA STATEMENT
Item No. ~
Meeting Date 10/07/03
ITEM TITLE: 1. ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
'.HULA VISTA CALLING AND GIVING NOTICE OF THE
IOLDING OF A GENERAL MUNICIPAL ELECTION IN SAID
~ITY ON TUESDAY, MARCH 2, 2004, FOR THE ELECTION OF
'WO MEMBERS OF THE CITY COUNCIL, AS REQUIRED BY
'HE PROVISIONS OF THE CHULA VISTA CHARTER AND
'HE LAWS OF THE STATE OF CALIFORNIA RELATING TO
'HE CONDUCT OF ELECTIONS
2. ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
'.HULA VISTA ADOPTING REGULATIONS FOR CANDIDATES
'OR ELECTIVE OFFICE PERTAINING TO MATERIALS
UBMITTED TO THE ELECTORATE AND THE COSTS
'HEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE
[ELD IN SAID CITY ON TUESDAY, MARCH 2, 2004
3. .ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
',HULA VISTA REQUESTING THE BOARD OF SUPERVISORS
'O PERMIT THE REGISTRAR OF VOTERS TO PERFORM
ERVICES FOR THE CONDUCT OF THE GENERAL
~UNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO
IE CONSOLIDATED WITH THE STATEWIDE PRIMARY
LECTION TO BE HELD ON MARCH 2, 2004
SUBMITTED BY: Susan ] elo$,YCMC, City Clerk
The purpose &the March 2, 20 ~ General Municipal Election is to select two Members o£the City
Council to fill Seats 3 and 4 fo: full terms consisting o£ four years, commencing December 2004.
The proposed resolutions are re tuired to give notice &the election, adopt regulations for candidates
and request election services ~ Dm the Registrar of Voters.
RECOMMENDATION: C ~ncil adopt the Resolutions.
BOARDS AND COMMISSIt }N RECOMMENDATION: Not applicable.
BACKGROUND: TheChula VistaCharterrequiresthatGeneralMunicipalElectionsbescheduled
in conjunction with statewide p: imary elections. The next statewide primmy election will be held on
March 2, 2004. The purpose ot the General Municipal Election is to select two (2) Members of the
City Council to fill Seats 3 and ~ for full terms commencing in December 2004. It is necessary to call
and give notice of the election p 'ior to the opening of the candidate nomination period on November
10, 2003.
Section 13307 of the California Elections Code also provides that the local agency must adopt
regulations pertaining to the materials prepared by candidates and the costs thereof. Historically, the
City has allowed each candidate to submit a candidate's statement of no more than 200 words. The
estimated cost ora 200-word statement is $585 ($6 per 1,000 registered voters, plus $25 in set-up
charges and $75 for a Spanish translation). Candidates who choose to file a candidate's statement
will be required to pay $585 as a deposit at the time their statements and nomination papers are filed
with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates;
and should the actual cost be more, candidates will be billed for the difference.
Elections Code Section 10403 requires the adoption of a resolution requesting the Board of
Supervisors (1) to consolidate Chula Vista's election with the statewide primary and (2) to permit the
Registrar of Voters to perform certain services in conjunction with the City's election. Elections
Code Section 10403 requires that the Registrar of Voters receive a resolution requesting
consolidation and services by December 5, 2003.
FISCAL IMPACT: $32,400 has been budgeted in the Fiscal Year 2004 budget for the election,
and it is anticipated that the amount budgeted is sufficient.
RESOLUTION NO. 2003-
RESOLUTION OF TI tE CITY COUNCIL OF THE CITY OF CI-I-ULA VISTA
CALLING AND GIX lNG NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTI E)N IN SAD CITY ON TUESDAY, MARCH 2, 2004, FOR
THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL, AS REQUIRED
BY THE PROVISION ~ OF THE CHULA VISTA CHARTER AND THE LAWS
OF THE STATE O[ CALIFORNIA RELATING TO THE CONDUCT OF
ELECTIONS
WHEREAS, under th, ~rovisions of the Chula Vista Charter, a General Municipal Election
shall be held on the same dat~ in each election year as the California State primary election; and
WHEREAS, the Calil mia State primary is scheduled for March 2, 2004,
NOW, THEREFORE, FHE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECL/RE, DETERMINE, AND ORDER as follows:
SECTION 1. Pursuan to the requirements of the Chun Vista Charter and the laws of the
State of California, there shall ~e and there is hereby called and ordered held in the City of Chula
Vista, California, on Tuesday, ]/larch 2, 2004, a regular municipal election of the qualified electors
of said City for the purpose ore lecting two (2) Members of the City Council to fill Seats 3 and 4 for
the full term of four years, cone mencing December 2004.
SECTION 2. The ball )ts to be used at said election shall be, both as to form and matter
contained therein, such as may be required by law to be used thereat.
SECTION 3. The Cit> Clerk of said City is hereby authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment
and paraphernalia that may be ~ ecessary in order to properly and lawfully conduct said election.
SECTION 4. The poll,., of said election shall be open at seven o=clock a.m. of the day of
said election and shall remain Ol ,en continuously from said time until eight o=clock p.m. of the same
day when said polls shall be clo~ ed, except as provided in Section 14401 of the Elections Code of the
State of California.
SECTION 5. In all par iculars not recited in this Resolution, said election shall be held and
conducted as provided by law t~ ~r holding municipal elections in said City.
SECTION 6. Notice ol the time and place of holding said election is hereby given and the
City Clerk is hereby authorized instructed and directed to give such further or additional notice of
said election in time, form and nanner as required by law.
Submitted by: Approved as to form:
Susan Bigelow, City Clerk ~Moore, City ~.~rney
RESOLUTION NO. 2001-
RESOLUTION OF T ~ CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING REGUL ~.TIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO M ~TERIALS SUBMITTED TO THE ELECTORATE AND
THE COSTS THERE~ )F FOR THE GENERAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON TUESDAY, MARCH 2, 2004
WHEREAS, Section 13307 of the Elections Code of the State of Califomiaprovides that the
governing body of any local agency adopt regulations pertaining to materials prepared by any
candidate for a municipal election, including costs thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECL. iRE, DETERMINE, AND ORDER, as follows:
SECTION 1. Pursuat t to Section 13307 of the Elections Code of the State of California,
each candidate for elective off ce to be voted for at the General Municipal Election to be held in the
City of Chula Vista on March )., 2004, may prepare a candidate's statement on an appropriate form
provided by the City Clerk. Such statement may include the name, age and occupation of the
candidate and a brief descrip ion of no more than 200 words of the candidate's education and
qualifications expressed by the candidate himself or herself. Such statement shall neither include the
party affiliation of the candidal e nor membership or activity in partisan political organizations. Such
statement shall be filed in the ~ ~ffice of the City Clerk no sooner than November 10 and no later than
5:00 p.m. on Friday, Decembe 5, 2003. Such statement may be withdrawn, but not changed, during
the stated period and until 5:0~ p.m. on Monday, December 8, 2003.
SECTION 2. The Cit', Clerk shall estimate the total cost of printing, handling, and mailing
the candidate's statements filel[ pursuant to the Elections Code and require each candidate filing a
statement to pay in advance hi ~ or her pro rata share as a condition of having his or her statement
included in the voter's pamphl ;t. The City Clerk shall bill each candidate for any cost in excess of
the deposit and shall refund a~ ~ unused portion of any deposit.
SECTION3. TheCi! Clerk shall provide each candidate, or the candidate's representative,
a copy of this Resolution at th~ time his or her candidate's statement is filed.
Submitted by: Approved as to form:
Susan Bigelow, City Clerk ~F(Moore, Cityffdtomey
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chula
Vista, California, this 7th day of October 2003, by the following vote:
AYES: Cotmcilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2003-__ was duly passed and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 7th day of October 2003.
Executed this __ day of October 2003.
Susan Bigelow, CMC, City Clerk
RESOLUTION NO. 2003-
RESOLUTION OF T hIE CITY COUNCIL OF THE CITY OF CHULA VISTA
REQUESTING THE E OARD OF SUPERVISORS TO PERMIT THE REGISTRAR
OF VOTERS TO P ~,RFORM SERVICES FOR THE CONDUCT OF THE
GENERAL MUNICII: AL ELECTION FOR THE CITY OF CHULA VISTA TO BE
CONSOLIDATED V~ ITH THE STATEWIDE PRIMARY ELECTION TO BE
HELD ON MARCH 2 2004
WHEREAS, the City ~ ouncil of the City of Chula Vista has called an election to be held in
this City on March 2, 2004; a~ .d
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Vol srs of the County of San Diego to render specified services relating to
the conduct of an election to iny city or district which has by resolution requested the Board of
Supervisors to permit the Reg strar to render the services, subject to requirements set forth in that
section; and
WHEREAS, a statewi~ [e election has been called to be held on the same day; and
WHEREAS, the Boar¢ of Supervisors has approved the consolidation of the Chula Vista
General Municipal Election w th a statewide primary election to be held on the same day.
NOW, THEREFORE, tHE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECL~ ~RE, DETERMINE AND ORDER as follows:
SECTION 1. Pursuan: to above-cited provisions, the Board of Supervisors of the County of
San Diego is hereby requested to permit the Registrar of Voters to perform and render all services
and proceedings, and to procur ,~ and furnish any and ali official ballots, notices, printed matter and
ali supplies and equipment an¢ paraphernalia incidental to and connected with the conduct of the
subject election of the City of( lhula Vista, with the cooperation and assistance of the City Clerk of
Chula Vista, in order to proper , and lawfully conduct such election.
SECTION 2. The exa, form of the offices to be voted upon to appear on the ballot and to
be submitted to the voters are s follows:
The election of two (2) Vlembers of the City Council of said City to fill Seats 3 and 4 for the
full term of four years, :ommencing December 2004.
SECTION 3. The Boa 'd of Supervisors of the County of San Diego is hereby requested to
consolidate this election with tlq s statewide election to be held on the same day, in the same territory.
SECTION 4. Pursuan! to Section 10411 and Section 10418 of the Elections Code, (a) the
election shall be held in all resI ,ects as if there were only one election; (b) only one form of ballot
shall be used; and (c) the Regist 'ar of Voters of the County of San Diego shall canvass the returns of
the subject election as part of ti canvass of the returns of the election consolidated hereby.
SECTION 5. Pursuant to Section 10410 and Section 10418 ofthe Elections Code within the
territories affected by this consolidation, the election precincts, polling places, voting booths and
polling hours shall, in every case, be the same, and there shall be only one set of election officers in
each of the precincts.
SECTION 6. The County of San Diego shall be reimbursed in full for the services
performed by the Registrar o f Voters for the City of Chula Vista upon presentation ora bill therefor,
and this City agrees to indemnify and save free and harmless the County, its officers, agents and
employees from expense or liability, including reasonable attorneys= fees, as a result of an election
contest arising after conduct of this election.
SECTION 7. The City Clerk is hereby directed to deliver forthwith certified copies of this
resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar
of Voters of the County of San Diego.
Submitted by: Approved as to form:
Susan Bigelow, City Clerk Ann~Vloore, City ~/florney
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chula
Vista, California, this 7th day of October, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
1, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2003- ~vas duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of October 2003.
Executed this day of October 2003.
Susan Bigelov~, CMC, City Clerk
OUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 10/7/03
ITEM TITLE: Resolution Approving the Grant of Easements and
Maintenance Agreement for Eastlake Village Center East located at
the northeast comer of Eastlake Parkway and Otay Lakes Road, and
authorizing the Mayor to execute said Agreement.
SUBMITTED BY: Director of Engineering/~_/~
Manage ,r~p~ (4/5ths Vote: Yes_No X~)
REVIEWED
BY:
City
The Parcel Map for the Eastlake Village Center East project was approved and recorded, along with
the associated agreements, on August 19, 2003. The project is located at the northeast corner of
Eastlake Parkway and Otay Lakes Road (Attachment 1), and will consist ora Kohls department store
and other smaller commercial vendors sharing the 9.5-acre site. The Grant of Easements and
Maintenance Agreement, required by the conditions of approval of said Parcel Map, is now before
Council for consideration and approval. This Agreement sets forth specific obligations and
responsibilities for the maintenance by the Eastlake Village Center East project of certain
landscaping improvements and facilities located within public right-of-ways adjoining the project.
RECOMMENDATION: That Council adopt the resolution approving the Grant of Easements and
Maintenance Agreement for Eastlake Village Center East, and authorizing the Mayor to execute said
Agreement.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The developer has executed the Grant of Easements and Maintenance Agreement for Eastlake
Village Center East (Attachment 1) setting forth certain maintenance obligations on the project. The
Village Center East shopping center will be responsible for the maintenance of public landscaping
improvements and facilities consisting of street trees, planting, and irrigation facilities, located
within the public parkways of Eastlake Parkway and Otay Lakes Road. This maintenance, and any
costs associated with it, will be the responsibility of a Business Owners Association for the shopping
center as described in the project's CC&Rs.
The agreement has been reviewed by staff and is ready for Council consideration.
FISCAL IMPACT: None to the General Fund. All staff costs associated with the proposed
agreement will be reimbursed from the developer's deposits.
Attachment:
1: Eastlake Village Center East Vicinity Map
J:\Engineer\LANDDEV~Projects\Eastlake VCE\CAS maintenance agreement.doc
)LLING HILLS RANCH
EA
BUSINESS
CENTER
SHORE
EXISTING
CHURCH
VILLAG
VILLAGE CENTER CENTER
NORTH EAST
VON'S
CENTER
PROJECT
E.ASTL.AKE
HiGH SCHOOL~
EASTLAKE GREENS
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR EASTLAKE
VILLAGE CENTER EAST LOCATED AT THE NORTHEAST
CORNER OF EASTLAKE PARKWAY AND OTAY LAKES
ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE
SAD AGREEMENT
WHEREAS, on August 7, 2003, staff approved a Conditional Tentative Parcel Map Waiver
for the Eastlake Village Center East; and
WHEREAS, the Parcel Map was approved and recorded, along with the associated
agreements, on August 19, 2003; and
WHEREAS, the project is located at the northeast comer of Eastlake Parkway and Otay
Lakes Road and will consist of a Kohls department store and other smaller commemial vendors
sharing the 9.5-acre site; and
WHEREAS, the Grant of Easements and Maintenance Agreement required by the
conditions of approval of said Conditional Tentative Parcel Map Waiver sets forth specific
obligations and responsibilities for the maintenance by the Eastlake Village Center East project of
certain landscaping improvements and facilities located within public right-of-ways adjoining the
project; and
WHEREAS, developer has executed the Grant of Easements and Maintenance Agreement
for Eastlake Village Center East setting forth developer's obligations to maintain certain public
landscaping improvements and facilities consisting of street trees, planting, and irrigation facilities
located within the public parkways of Eastlake Parkway and Otay Lakes Road.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the Grant of Easements and Maintenance Agreement for Eastlake Village
Center East; and
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 of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann M~f~g'/
Director of Engineering City Attorney
J:\Attorney\reso\easements\Eastlake Parkway Easement
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
nn Moore
City Attorney
Dated: ~5~'~ 2- ~ ,-- O~-~
Grant of Easements and Maintenace Agreement for E~stlake
Village Center East ~between the City of Chula Vista &
Kohl.'s Department Seo~es, Inc. & Gatlin Development Do., INc.
q-q
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912'
This Instrument Benefits City Only.
No Fee Required. 5 This Space for Recorder's Use Only
C.V. File No.: EP-277
GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made as of this . day of ,2003, by and between
the CITY OF CHULA VISTA, a municipal corporation ("City"), and KOHL'S DEPARTMENT
STORES, INC., a Delaware corporation ("Kohl's"), and GATLIN DEVELOPMENT CO., INC.,
a California corporation ("Gatfln").
RECITALS
A. Kohl's is the owner of the real property described on Exhibit "A' attached hereto
and incorporated herein ("Kohl's Property"), and Gatlin is the owner of the real property
described in Exhibit"B" attached hereto and incorporated herein ("Gatlin Property")
(hereafter the Gatlin Property and Kohl's Property are referred to collectively as the
"Property".) The Property is being developed as a shopping center ("Shopping Center"). This
Agreement concerns and affects certain improvements located within the Property and certain
areas located outside of the boundaries of the Property.
B. The Shopping Center was approved for development by the City ("City
Approval").
C. Prior to the recordation of this Agreement, Kohl's and Gatlin recorded against the
Property the Declaration of Covenants, Conditions and Restrictions for Village Center East,
dated August 19, 2003, approved by the City and recorded with the San Diego County Recorder
on August 19, 2003 as instrument no. 2003-1008469 ("Declaration").
D. The Property is covered by final parcel map no. 19297 ("Parcel Map").
Gatlin/Kohl'~ Villag~ Center East
Grant of Easement~ and Maintenance Agreement
20322-00859/1881019.1
E. As a condition to the recordation of the Parcel Map, the City has required Gatlin
and Kohl's to provide it with assurance that the maintenance of certain areas within the Shopping
Center and certain areas located outside of the boundaries of the Shopping Center would be
maintained. The City and Kohl's have entered into a Supplemental Parcel Map Improvement
Agreement pursuant to the City Approval, in which it was agreed that maintenance of such areas
shall be accomplished by the creation of business owners association or another similar entity
acceptable to the City. The City, by its approval of the Declaration, has approved the
appointment of a maintenance director to perform the maintenance under the Declaration
("Maintenance Director").
F. The City desires to grant to the Maintenance Director easements for landscape
maintenance purposes upon, over and across the areas located outside of the boundaries of the
Shopping Center as shown on Exhibit "C" ("Off-Site Maintenance Areas") in order to
facilitate the obligarions of the Maintenance Director as set forth in the Supplemental Parcel Map
Improvement Agreements, adopted pursuant to the City Approval.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as set forth below.
1. Grant of Easements and License. The City hereby grants to the Maintenance
Director appointed under the Declaration and its agents, successors and assigns, non-exclusive
easements and rights-of-ways over and across the Off-Site Maintenance Areas for the purpose of
maintaining, repairing and replacing landscape and hardscape located thereon. These grants are
made without any warranties of any kind, express or implied.
2. Maintenance Responsibilities.
2.1 Maintenance by Maintenance Director. The Maintenance Director
hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or
cause to be maintained, repaired or replaced, the improvements within the Off-Site Maintenance
Areas and those improvements also described on Exhibit "D" ("Description of Maintenance
Responsibilities") attached hereto, and in accordance with the maintenance standards set forth in
the Declaration. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall
mean the maintenance, repair and replacement obligations described herein and in Section 5 of
the Declaration and shall also include repair and replacement at no cost to the City of any City
owned property that is damaged during performance of the maintenance responsibilities pursuant
to this Agreement or the Declaration.
2.2 Transfer by Maintenance Director. The Maintenance Director shall
have the right to transfer Maintenance obligations to another owner under the Declaration
("Transferee"). Upon the Maintenance Director's transfer of Maintenance obligations to a
Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred,
(ii) the Maintenance Director shall retain the right to perform the Maintenance should the
Transferee fail to do so, and (iii) the Maintenance Director shall be released from the obligations
so transferred subject to the City determining that the requirements of Paragraph 4 below have
been satisfied.
2
Gatlin/Kohl's Village Center East
Grant of Easen~nts and Maintenance Agreement
20322-00859/18g1019,1 q ~ 8/1/03
3. Insurance. The Maintenance Director shall procure and maintain at its sole cost
and expense, the insurance required to be maintained under the Declaration.
4. Assignment by Maintenance Director and Release of Maintenance Director.
4.1 Assignment. Upon Maintenance Director's transfer of certain
Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall
perform the Maintenance obligations either itself or by contractors. Such transfer will be
permitted pursuant to the Declaration, and the City will release the Maintenance Director fi:om
its obligations with respect to the portion of the Property so transferred only if all of the
following occur:
(i) Transferee Accepts Obligation. The Transferee has
unconditionally accepted and assumed all of the Maintenance Director's obligations under this
Agreement in writing, such assignment provides that the burden of this Agreement remains a
covenant nmning with the land, and the Transferee expressly assumes the obligations of the
Maintenance Director under this Agreement as described in the Declaration.
(ii) Insurance. The Transferee procures and Maintains at its sole cost
and expense, a policy of public liability insurance, which meets the requirements set forth in the
Declaration. The Transferee shall provide the City with a Certificate of Inanrancc upon
acceptance of thc transfer of the Maintenance obligations herein.
4.2 Release. When all conditions precedent in Paragraph 4.1 are fulfilled,
the Transferee shall be permitted to perfonn the Maintenance as provided under the Declaration
and the Maintenance Director shall be released fi.om its obligations under this Agreement. Thc
Maintenance Director or the Transferee shall give notice to the City of Maintenance Director's
intent to transfer its Maintenance obligations herein and provide the City with the appropriate
documents listed in Paragraph 4.1.
5. Indemnity. The Maintenance Director shall protect and hold the City, its
officers, agents and employees, harmless fi.om any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors, omissions,
demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or
claimed by any person, firm, or entity because of or arising out of or in connection with the use,
maintenance, or repair of the Off-Site Maintenance Areas by the Maintenance Director, its agent,
employees, successors, assigns, members, or contractors, excepting any sole negligence or sole
willful misconduct on the part of City, its officers, employees, and agents.
6. Indemnity. If Transferee. The document whereby the Maintenance Director
transfers a Maintenance obligation to a Transferee owner shall be signed by both the
Maintenance Director and the Transferee and shall set forth an express assumption of
Maintenance and other obligations hereunder and shall include the following indemnification
provision:
7. Indemnity. The [Transferee's name] shall indemnify and hold the City, its
officers, agents and employees, harmless from any liability, cost or expense, including
Gatlin/Kohl's Village Center East 3
Grant of Easements and Maintenance Agreement
20322-00859/1881019.1
~'7 811/03
reasonably incurred attorneys' fees, which result fi:om the Transferee's failure to comply with the
requirements of the obligations transferred hereby to Transferee. Transferee shall not have any
liability under this Indemnity by reason of another party's failure to maintain. It is specifically
intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be
amended without the written consent of the City Planning Director or City Attorney.
8. Agreement Applicable to Subsequent Owners.
8.1 Agreement Binding Upon Any Successive Parties. This Agreement
shall be binding upon Gatlin and any successive Owner under the Declaration. This Agreement
shall be binding upon the Maintenance Director and any Transferees upon transfer of
maintenance obligations to the Maintenance Director or Transferee, respectively. This
Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to
any or all of the Property.
8.2 Agreement Runs With the Land. The burden of the covenants contained
in this Agreement is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and
in its own right and for the purposes of protecting the interest of the community and other
parties, public or private, in whose favor and for whose benefit such covenants running with the
land have been provided, without regard to whether the City has been, remained or are owners of
any particular land or interest therein. If such covenants are breached, the City shall have the
right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or
other proper proceedings to enforce the curing of such breach to which it or any other
beneficiaries of this Agreement and the covenants may be entitled.
9. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of California.
10. Effective Date. The terms and conditions of this Agreement shall be effective as
of the date this Agreement is recorded in the Official Records of the San Diego County
Recorder's Office.
11. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be original and all of which shall constitute one and the same document.
12. Recording. The parties shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's Office.
4
Gatlin/Kohl's Village Center East
Grant of Easements and Maintenance Agreement
203224)0859/1881019.1 ¢~ 8/1/03
13. Miscellaneous Provisions.
13.1 Notices. Unless othe~6se provided in this Agreement or by law, any and
all notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in
this Agreement or within one (1) business day after deposit within a nafionally recognized
overnight courier. A party may change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
If to City:
CITY OF CHULA VISTA
Department of Engineering
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Deputy Director o f Engineering
If to the Parties:
To Kohl's at its business office:
Kohl's Department Stores, Inc.
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051
Attn: Chief Executive Officer
Facsimile No.: (262) 703-7274
Telephone No.: (262) 703-7000
With a copy to:
Kohl's Department Store, Inc.
N56 W 1700 Ridgewood Drive
Menomonee Falls, Wisconsin 53051
Attn: Legal Department
Facsimile No.: (262) 703-7274
Telephone No.: (262) 703-7000
5
Gatlin/Kohl's Village Center East
Grant of Easements and Maintenance Agreement
To Gatlin at its business office:
Vice President-Real Estate
Gatlin Development Company
12625 High BluffDrive, Suite 304
San Diego, CA 92130
Attn: Loren Van Der Slik
13.2 Captions. Capti6ns in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of its
terms.
13.3 Entire Agreement. This Agreement, together with any other written
document referred to herein, embody the entire agreement and understanding between the panics
regarding the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
13.4 Recitals; Exhibits. Any recitals set forth above and any attached exhibits
are incorporated by reference into this Agreement.
13.5 Compliance With Laws. In the performance of its obligations under this
Agreement, the parties, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
13.6 Authority of Signatories. 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 and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
13.7 Modification. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and acknowledged by
the parties hereto, their successors or assigns, and duly recorded in the Official Records of the
San Diego County Recorder's Office.
13.8 Severability. If any term, covenant or condition of tiffs Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant or
condition to person or circumstance, shall not be affected thereby and each term, covenant or
condition shall be valid and be enforced to the fullest extent permitted by law.
6
Gatlin/Kohl's Village Center F.~t
Grant of Easements and Maintenance Agreement 8/1/03
20322-00859/1881019.1 ~ f ?
13.9 Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fa~t that a party or its attorney prepared and/or drafted this Agreement,
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first set forth above.
7
Gatlin/Kohl's Villag~ Center East
Grant of Easements and Maintenance Agreement
Signature Page
to Agreement between City of Chula Vista and E-Lake Terraces, LP
For Grant of Easements and Maintenance Agreement (Dedicated Easements)
IN WITNESS WHEREOF, City, Gatlin and Kohl's have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attomey
Dated: KOHL'S:
Kohl's Department Stores, Inc., a Delaware
corporation/h
Name: Patrick E. Peery
Title: Senior Vice President Real Estate
ATTEST:
Name~ Richard"IJT~chepp
Title: Secretary
GATLIN:
Gatlin Development Co., Inc., a Califomia
corporation
By:.
Name:
Title:
8
Gattin/Kohl's Village Center East
Grant of Easements and Maintenance Agreement
20322410859/1881019.1 8/1/03
¢-42-
'Sigaature Page
to Agreement between City of Chula Vista and E-Lake Terraces, LP
For Grant of Easements and Maintenance Agreement (Dedicated Easements)
IN WITNESS WHEREOF, City, Gat[in and Kohl's have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: KOHL'S:
Kohl's Department Stores, Inc., a Delaware
corporation
By:
Name: Patrick E. Peery
Title: Senior Vice President Real Estate
ATTEST:
By:
Name: Richard D. Schepp
Title: Secretary
GATLI_N:
Gatlin Development Co., Inc., a California
corporation
Name:
Title:
Gatlin/Kohl's Village Center East 8
Grant of Easements and Maintenance Agreement
STATE OF WISCONSIN )
)
COUNTY OF WAUKESHA )
On .~_~qs4 ./._~' , 2003, before me, ~ e.- ~'-~ ,~,~g~/~ , Notary Public,
personally appeared Patrick E. Peery, the Senior Vice President Real Estate of Kohl's
Department Stores, Inc., [personally known to me] er r
~ to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capaCity, and that by his signature on the
...~__..__il-n~t~n,~-n~. the person or the entity upon behalf of w~ acted, executed the
WITNESS my hand and official seal.
STATE OF WISCONSIN )
)
COUNTY OF WALrKESHA )
On 2JOaus~ /3-~ ,2003, before me, ~/~q/-g-- ~. ~ta~g~5 ,Not~ Public,
person~ly appe~ed ~ch~d D. Sch~p, ~e Secret~ of Ko~'s Dep~ent Stores, ~c.,
[personally ~own m me] or ~r~ ~d t~ ,,~. oii t~.c B~a 6~ to be ~e pe~on
whose nme is subscribed to ~e wi~n ~s~ent ~d ac~owledged to me thru he executed the
sine in ~s au~ofiz~ capaciW, ~d that by hs silage on the ins~ent ~e person or ~e
mtity upon behalfofwhch the p~son acted, executed ~e~
~SS my h~d ~d official seal.
-Silage of Not~ ~blic
Oatlin/Kohl's Village Center East
Grant of Easement~ and Maintenance Agreement
203224)0859/1881019.1 8/1/03
STATE OF CALIFORNIA )
)ss.
COUNTY OF .SAN DIEGO )
On ~/~'c)~*~ /~" ._._, 2003, before me, '~./.._.~z~- 4..)/~ ,~-~. , a Notary Public,
personhl'lY appeared zz--_4-)~ ,,~j~/~,~.~ , personally known to me-(et'-pmve~
......... ,,,,~,o ,,f oat,of,,,.,,,,:~ ~vldehCe) to be the person{,~ whose name(s) is/mc subscribed
to the within instntment and acknowledged to me that he/~l~Ythey executed the same in
his~aer/~hek- authorized capacity.(Jes'), and that by bis/'-h~e~r signature~ on thc instrument the
person(z), or entity upon behalf of which the person~ acted, executed the instrument.
WITNESS my hand and official seal. ~ ~ rsassAw~l'~~~'~<' ~
Signature of Notary Public Place No.fy Seal Above
STATE OF CALIFORNIA )
) SS.
COUNTY OF .SAN DIEGO )
On , 2003, before me, , a Notary Public,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public Place Notary Seal Above
Gatlin/Kohl's Village C~nter East
Grant of Easements and Maintenance Agreement
20322-00859/1 $81019.1 q ~/~ 8/1/03
Exhibits
Exhibit A ............................................................................................ Legal Description of Property
Exhibit B ................................................................................. Legal Description of Gatlin Property
Exhibit C .............................................................................................. Off-Site Maintenance Areas
Exhibit D .................................................................... Description of Maintenance Responsibilities
Gatlin~i~ohl's Village Center East
Grant of Easements and Maintenance Agreement
20322-00859/1881019.1 ~/' ~'-'/b 8/1/03
. Exhibit "A"
Legal Description of Kohl's Property
PARCEL 1 OF PARCEL MAP NO. 19297, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 19,
2003, AS FILE NO. 2003-1008466 OF OFFICIAL RECORDS.
Gatlin/Kohl's Village Center East
Grant of Easements and Maintenance Agteement EXHIBIT "A"
Exhibit "B"
Legal Description of Gatlin Property
PARCELS 2 AND 3 OF PARCEL MAP NO. 19297, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AUGUST 19, 2003, AS FILE NO. 2003-1008466 OF OFFICIAL RECORDS.
Gatlir~Kohl's Village Center East
Grant of Ea~mcnts and Maintenance Agreement EXHIBIT "B"
20322-00859/18810191 8/1103
· ~- EXISTING CURB UNE
NO~: ~e a~ imp~emems to be
de~l on ~e ~d~in~gafion
'PER P~CEL ~ NO. 19297
~ST~KE P~AY
1 of 2 ~llage Cent~ East SmRhConsul~ng~chRects
~ . Offs~e U~nten~ce ~ea
8/4/03
SCALE: 1" = 100'-0" (~ 7~3-~87
CURB UNE
OF-WAY
PARKWAYS
NOTE: The actual Improvements to be
maintained will be shown in greater
detail on the Lanciscaping/irfigatiort
plans approved by the City,
~--:~ t EXISTING PROPERTY BOUNDARY
~ PER PARCEL MAP NO. 19297
112
2 of 2 Village Center East 8mithConsultingArchitects
n ~ oflsite Maintenance Area
8/4/03
SCALE: 1" = 1 00'-0" (ass) 793- 4787 Fax .
EXHIBIT "D"
Description of Maintenance Responsibilities
Village Center East
City's
Areas Reference Maintains General Fund
Maintains
Public Parkways of Areas shown Ail landscapLng and irrigation Public facilities not
Eastlake Parkway, as improvements and private area being maintained by
Otay Lakes Road and "Maintained drains and private storm drains this agreement such as:
Fenton Street. Public located within the public concrete sidewalks,
Parkways" on parkways (including street street lights and
Exhibit "C" trees maintenance and appurtenant equipment,
and more trimming) Waffle signals and
specifically appurtenant equipment.
shown on
Parcel Map
NO. 19297
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/7/03
ITEM TITLE: Resolution Transferring $141,120 of Storm Drain Fund
appropriations from the Drainage Basin Construction, east of Second
Avenue Project (DR-120) to Drainage Facilities Master Plan (DR-154)
and appropriating $78,100 from the Trunk Sewer Capital Reserve Fund
to the Wastewater Master Plan (SW223).
Resolution Approving the first amendment to the agreement
between the City of Chula Vista and PBS&J, for the preparation of a
Wastewater Master Plan and a Drainage Facilities Master Plan; and
authorizing the Mayor to execute said amendment on behalf of the City.
SUBMITTED BY: Director of Engineering~)
REVIEWED BY: C!ty Manager~fott (4/5tbs Vote:
Yes X No
On October 22, 2002, Council by Resolution 2002-417 approved an agreement with PBS&J
for the preparation of a Wastewater Master Plan and a Drainage Facilities Master Plan. Since
then, as work on the project proceeded, it became apparent that additional work would need to
be done beyond what was defined in the original scope of work in order to complete the
Drainage Facilities Master Plan and Wastewater Master Plan.
RECOMMENDATION: That Council approve:
1. Resolutiontransferring $141,120 of Storm Drain Fund appropriations from the Drainage
Basin Construction, east of Second Avenue Project (DR-120) to the Drainage Facilities
Master Plan project (DR-154); and appropriating $78,100 from the Trunk Sewer Capital
Reserve Fund to the Wastewater Master Plan project (SW223).
2. Resolution approving the first amendment to the agreement between the City of Chula
Vista and PBS&J, for the provision of consultant services for an additional $159,220
required for the preparation of the Drainage Facilities Master Plan and the Wastewater
Master Plan; and authorizing the Mayor to execute said amendment on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
The City's current Drainage Facilities Master Plan 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. Subsequent studies have
Page 2, Item ~'
Meeting Date 10/7/03
augmented this original report. Since then, the City has experienced a significant amount of
growth, and has also adopted several land use changes and annexed a considerable number of
areas which were not originally evaluated in the 1964 study. Based on these issues, it was
necessary as part of the General Plan update, which is currently underway, to update the
Drainage Facilities Master Plan. In addition, this update will also analyze the City's
wastewater collection and transportation systems to determine the infrastructures' ability to
support the City for the next 20 years. The master plan will identify system deficiencies,
recommend capital improvement projects and develop financing plans to fund the needed
infrastructure.
On October 22, 2002, after a thorough selection process, the City Council approved
Resolution No. 2002-417 (Attachment No. 1), and awarded the contract to PBS&J for the
preparation of the Drainage Facilities Master Plan in the amount of $293,200, and the
Wastewater Master Plan in the amount of $411,900.
First Contract Amendment
Drainage Facilities Master Plan (DR-154)
The original contract for the Drainage Facilities Master Plan was based on the assumption that
the existing storm drain layer/data within the City's Geographic Information System (GIS) was
sufficiently populated, and that the work required to update the database to include all existing
facilities necessary for the analysis of the storm drain system would be minimal. However, as the
preparation of the master plan proceeded, the project team (PBS&J and City staff) realized that
our database was not populated to the level that we had earlier assumed, therefore, it would
require additional effort to research, compile and enter the data. This deficiency stems from the
fact that there are many drainage facilities in the southwesterly portion of the City (primarily in
the area that used to be under County jurisdiction) that the City still does not have the record
drawings. Although the County of San Diego provided many of these design drawings for the
annexation areas, there were still a significant number of facilities with no record data. The
additional budget would provide for the additional cost of the research, field investigation, and
project coordination between City staff and PBS&J necessary to complete the project. Therefore,
the proposed additional scope of work would be required in order to provide an accurate
Drainage Facilities Master Plan for the City and to update existing drainage studies.
This first amendment will provide for the following additional consultant services required for
the Drainage Facilities Master Plan:
1. Complete the delineation of drainage sub-basins to the level of detail desired by City
staff.
2. Additional storm drain facility plan research.
3. Additional storm drain facility field investigation.
4. Continued coordination with City staff for quality assurance reviews.
5. Continued population of GIS maps and database with facilities identified by City staff
during quality assurance reviews.
6. Additional drainage study research.
Page 3, Item ~
Meeting Date 10/7/03
7. Prepare for and attend four meetings with City staff.
8. Project management for additional' drainage work.
The consultant proposes to provide services for the Drainage Facilities Master Plan for the
additional sum of $111,120. In addition, City staff will be required to provide additional field
and record research, surveying, data collection and coordination effort, which will require a
$30,000 budget increase in the budget. Overall, the total project budget amendment will be
$141,120.
Wastewater Master Plan (SW223)
Similar to the Drainage Facilities Master Plan, the original contract for the Wastewater Master
Plan was also based on the assumption that the existing sewer facilities data within our GIS
system was very well populated and that the additional work required to update the database in
order to create a computer model of the system and analyze impacts of future development
would be minimal.
However, as the preparation of the master plan proceeded, PBS&J and City staff realized that
our database would require a greater level of research and data collection effort than the scope
originally contemplated. Therefore, to achieve the project goals and objectives, the current
scope of services and budget for the Wastewater Master Plan Update needs to be revised to
provide for this additional effort.
This first amendment will provide for the following additional consultant services required for
the Wastewater Master Plan Update:
A. Data Collection
Consultant is being required to make additional efforts to obtain, evaluate, and verify record
drawings of City wastewater facilities to be included in the hydraulic model which was
created as part of the Wastewater Master Plan.
B. Update Salt Creek Sewer Interceptor Model
The Salt Creek project was designed by Dudek & Associates, and part of Dudek's scope of
work included the creation of a hydraulic model to model the Salt Creek Gravity Sewer line.
Consequently, the original scope of work for the Wastewater Master Plan contemplated that
PBS&J will incorporate the Dudek model into the citywide model created by PBS&J for this
project. However, due to software compatibility issues, there are other extensive refinements
that would need to be made to properly model the Salt Creek Basin. Therefore, the consultant
shall be required to do the following:
1. Obtain and review current development plans for the Salt Creek Sewer basin
2. Revise model basin boundaries, if required
3. Develop wastewater loading tables for model tributary sub-basins
Page 4, Item ~
Meeting Date 10/7/03
4. Prepare exhibits showing tributary sub-basin boundaries
5. Update model loading input fries and run ultimate basin buildout simulation
C. Additional As-Needed Engineering Services
Since this project is a component of the General Plan Update, which is currently underway,
Consultant may be required to provide additional services (such as evaluating the impacts of
various land use scenarios, etc.) beyond the scope of the original contract and the amended
scope of work. Therefore, the budget for this task will be used to fund any additional required
services authorized by the Director of Engineering.
The budget required for the additional consultant services is $48,100. In addition, City staff will
be further required to provide additional research, data collection, project coordination and
oversight required to complete the Wastewater Master Plan. Upon conclusion of the preparation
of the Master Plan staff will undergo training in the use of the computer model so as to be able to
analyze furore impacts to the collection system as a result of development. Consequently,
additional funds in the amount of $30,000 shall be required to fund this effort. Therefore, the
overall project budget will be amended by $78,100.
Conclusion
It is staff's opinion that these amounts cumulatively represent the costs associated with the
additional services in order to provide an adequate Drainage Facilities Master Plan and a
Wastewater Master Plan.
To date, staff has been satisfied with the work completed by PBS&J on this project. The
Consultant has been very responsive to questions from City staff and is readily accessible
when required for field trips, presentations, and various project meetings. The first
amendment is an extension of the work provided for in the original agreement. PBS&J has
been very proactive by bringing to staff's attention the inadequacy of the drainage facilities
inventory. Consequently, it was as a result of these findings during the project meetings that it
was decided that the additional work was vital to the completion of the project, and the
ultimate use of the model as a planning tool.
Based on the issues articulated above, staff recommends that the agreement between the City
of Chula Vista and PBS&J, be amended to include the provision of $159,220 in additional
services for the Drainage Facilities Master Plan and the Wastewater Master Plan. The terms of
the revised contract are shown in greater detail in Table 1 (attached). In addition, staff
requests additional $60,000 in funds for the City staff hours that will be necessary to complete
the Wastewater Master Plan and the Drainage Facilities Master Plan.
FISCAL IMPACT: For the Drainage Facilities Master Plan project, the proposed first
amendment will increase the contract with PBS&J, as amended by $111,120, to a total of
$404,320. In addition, $30,000 will be added to the project (DR154) budget for City staff time
associated with the master plan preparation. The costs associated with the Drainage Facilities
Master Plan amendment will be funded from the Drainage Basin Construction, east of Second
Page 5, Item ~
Meeting Date 10/7/03
Avenue project (DR-120), which is currently funded from Residential Construction Tax (RCT)
Funds and Storm Drain Revenue Funds. Funding for construction of this project was
programmed for FY 2003/04. As a result of unavoidable delays in beginning the construction
of the Second Avenue Drainage Project, staff is recommending the use of some of the Storm
Drain Revenue funds previously allocated to fund the construction of that project to be used to
fund the proposed Drainage Facilities Master Plan amendment. It is currently estimated that
the construction of DR-120 will occur during FY 2004/05 and that the funding issue will be
considered at a later date. Tonight's action is a change in the specific allocation.
For the Wastewater Master Plan project, the proposed amendment will increase the contract with
PBS&J as amended by $48,100 to a total of $460,000. In addition, $30,000 will be added to the
project (SW223) budget for City staff time associated with the master plan preparation. Approval
of these staff resolutions will authorize the appropriation of $78,100 from the Trunk Sewer
Capital Reserve Fund~ the original funding source for the project, to the Wastewater Master Plan
project (SW223); furthermore, it will authorize the expenditure of the project fimds to be used in
the completion of the additional tasks.
Attachments: Original Agreement between the City & PBS&J
Table 1 - Revised Summary of the Project Budget
FILE NO. 0735-10-DR-154 & 0735-10-SW223
JSEngineer~AGENDA\First Amendment PBS&J Contract-A113.jcm.doc
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 /O- ~a-o~ for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City of Chula 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 the process of updating the various
components of the General Plan; ~:wo 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 future needs for wastewater conveyance, treatment, and disposal, and;
WIIEREAS, the update of the Drainage Facilities Master Plan is needed to identify and
analyze the City's current and future needs for handling the drainage flow from existing
developments, and the potential flows from future developments, and;
Vcl-IEREAS, 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 fu'ms 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 ail of the services described on the attached Exhibit A, Paragraph 7,
entitled "Generai Duties"; and,
B. Scope of Workand Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform ail 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 Exlfibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The Generai 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
exercised 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- ;?.~7
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 Compenshtion 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 heroin required, prior to the commencement
of services required' under this Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled without at least thirty (30) days
written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance.
(I) 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-Draiimge MP PBS/Agreement.ac.doc
-3-
subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance
bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a
Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable
letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter,
signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement.
The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to 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 tbese materials beyond 30 days after authori3at}on to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
J:\Engineer\AGENDA\Wastewater-Draiaage 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 1 I, 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 o£this section apply ifa Liquidated Damages Rate is provided in Exlxibit A,
Paragraph 14.
It is acknowledged by beth parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in 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
pr?vialed 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
mterests, 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.
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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 whicl~ 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 th~s 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 Sendces covered
under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold hamfless the City,
its agents, officers, or employees from and against all liability. Also covered is liability arising from,
connected with, mused 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 ol~ligation
and duties under 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 fi-om the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising fi-om the negligence or willful misconduct of the City, its agents, officers
and employees.
8. Termination of Agreement for Cause
If, through any eanse, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arisi~, g .under
this Agreement except as set forth herein.
11. Assignability
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The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
CitY hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shall have unrestricted authoritY
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which CitY employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, CitY will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the CitY unless a
claim has first been presented in writing and filed with the CitY and acted upon by the CitY in
aqcordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Codej as same
may from time to time be amended, the provisions of which are incoxpomted by this reference as if
fully set foa. h herein, and such policies and procedures used by the CitY in the implementation of
Sallie.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
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15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that ~he prevailing
par~ shall be entitled to a judgment against thc other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be ~hc part~ who is awarded
substantially the relief sought.
16. Statement of Cnsts
In the event that Consultant prepares a report or document, or participates in the preparation
0f a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt re.qu.ested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
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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 enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
Caiifomia. 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 Vis~a, 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: /07/~,/~_ Dated: !tc,~} ,C]Q)'L..
City of Chula Vista PBS&J
By:
Shirley Hortc~, Mayor
Attest:
Susan Bigelow, City C~erk
Approved as to form:
Jol~ 1~. l~e~y, City Attorney
Exhibit List to Agreement
(X) Exhibit A
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1-7
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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 of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista,
,276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
PBS&J
5. Business Form of Consultant:
( ) Sole prOPrietorship
( ) Partnership
(31) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
175 Calle Magdalena, Suite 101
Eneinitas, CA 92024
Voice Phone (760) 753-1120
Fax Phone (760) 753-0730
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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 the 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 Work 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.
AA Coordinate with the City's General Plan Update Team to obtain information
regarding the possible development scenarios being evaluated 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 stmctures.
A.7 Identify existing and pending regulations that impact wastewater collection in
the City 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 the City's sewerage system. Consultant shall, at a
minimum:
B.1 Identify proposed flow-monitoring locations based on study objectives
including Inflow and Infiltration (I&I) investigation, model calibration,
establishment of diurnal flow characteristics and unit generation rates, and
pump station operations/capacity evaluation (8 metering sites assumed).
Limited metering as specified by the City staff of the Poggi Canyon and.
Telegraph Canyon Basins will be conducted as part of this study. It is
assumed that City metering of these basins to be conducted under the Poggi
Canyon Pumped Flow agreement will be coordinated with Master Plan
analyses and results provided in digital format.
B.2. Meet with City staffto present site selection methodology and proposed sites
and obtain City concurrence.
B.3. Collect flow (depth/velocity) measurements for a minimum 2-week period.
All site measurements will be performed concurrently to provide a consistent
data set for Citywide evaluation of generation characteristics and model
calibration.
B.4. Prepare summary plots and extreme measurement tables for each meter
record.
C. Facilities Assessment
The consultant shall evaluate the physical condition of the existing sewerage system
including sewer mainlines, manholes, pump stations, permanent metering stations,
and diversion structures. The assessment will identify facilities in need of critical
improvement as well as provide a representative evaluation of the system-wide
condition for use in projecting future improvement requirements. Findings of the
assessment will form one basis for development of a long range, phased capital
improvement program. 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 hotspots. It is assumed that approximately 50,000 feet of videotaped
Sewer inspections 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'staffand 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
buildout. 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 buildout 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 staff and obtain con.currence
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 a digital 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 fi-lotion 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 ad. di.tional
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 future 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 trait 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 percent 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 offmeeting 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 flowneeds 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.
Comput6 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. De~elop
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 sha~ndards.
H. 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 miiigate
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 briefmgs on the 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. Crmphics shall include I 1 x 17 o~ 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 ofreeommended
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 I reproducible copy of the f'mal 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 staffto 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 major 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 mas~er ~ 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 GIS-based soils coverages from the appropriate source.
A.3 Obtain and review development and improvement plans for ~ or
planned development areas for ~ drainage facilities to be included in the
hydraulic model.
A.4 Coordinate with the City's General Plan Update Team for infon-nation
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 staffand other City staffto 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 approxi~, ately
100 cfs based on the 100-year flood. The primary focus will be on the b~ckbone
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, ete.) and
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSI Agreement.ac.doc
-23- ~-2~
hydraulic data (pipe sizes, manhole inverts, rim elevations, channel geometry,
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 from 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 topngraphic
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 24-hour storms) and routing parameters.
B.6 Obtain all existing pipeline hydraulic data (pipe size, slope, manhole dm 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 els. 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 culvenTbridge data (dimensions of conveyance area, .soffit
elevation, top of road elevation, length, and number of piers) for key i'acilities
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 from 50- and
100- year rainfall events, for existing and future development conditions, and to
evaluate the performance of major cfrainage 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 AlES and SIMS models-'Pl~S&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 stgff with the existing and future system Master
Plan models; and provide hands-on exercises focusing on modifying Master
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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Plan Model simulations and evaluating simulation results· 80 hours of
technical support (in 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 percent responsibility of existing customers.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
E.6 Identify and allocate percentages of shared (existing vs. future) facility costs
for capital projects.
E.7 With input from financial analyst (Task F, below) f'malize 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 otTmeeting 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 de£me projects by capital replacement or capital
expansion categories. Estimate annual stormwater rote revenue based on
projected operating and capital budgets from 2003 to 2020. Recommend the
minimum and maximum mount 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 rote 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
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).
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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-2'/- ~-~2
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 smnmary 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 11-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 drag reports for City review and comment.
G.4 Upon request of the City, meet with City staffto 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.
13.7 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 necessa~ soRware and licenses used in the
preparation of the Drainage Facilities Master Plan.
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H. Workshops and Council Briet'mg
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.
L Project Management
Consultant shall provide overall project management and sub consultant
management of the Drainage Facilities Master Plan during the course of this
Mas/er 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 staffto 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).
J:\EngineerLAGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
1.3' Provide QA/QC for project tasks.
B) Date for Commencement of Consultant Services:
(37) 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
a. Basin Boundaries
b. Pipe sizes, material, and age
c. Manholes
d. Currenily available Manhole Invert Elevations
e. Currendy 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. Softs/vegetation coverage
4. Sewerage Facility Data
a. Pump Station Operating Parameters
b. Operations database
C. Available Sewer and Drainage Information
1. City and developer reports
2. If available, digital files of relevant sewer and drainage models
3. Sewer pump station drawings
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 monitorin4
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.
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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 De£med 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
Co) 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. Nottfing herein shall preclude Consultant f~om providing additional
Services at Consultant's own cost and expense.
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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 $105.00
Senior Engineer Cynthia Peraza $90.00
Analyst II Marc Cavalero $80.00
Analyst II Hone Kalvan $80.00
Graphics Designer Kilarney 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 Chukwudolue, 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
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 sources of income.
( ) Category lqo. 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.
(37) 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 ofincome ofthe type
which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the
designated employee's department to prOvide services, supplies,
materials, machinery or equipment.
( ) Category No. 7. Business positions.
List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
J:\Engineer~AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
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:
C. City's Account Number:
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 PBSI Agreement.ac.doc
20. Deliverables
20A. Wastewater Master Plan Summary of Deliverables
Specific deliverables that will be requi~ed for this project include:
A. Sanitary Sewer Master Plan Report (20 Copies)
The Sanitary Sewer Master Plan Report 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. Summary 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 Microsoft 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 mutually agreed to.
C. Provide training to the City's staff on the use of the sewer system computer model
and software (Note: Consultant should not assume that staffhas any prior knowledge
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
of the modeling software).
D. Provide a minimum of 80 hours worth of technical support services on the
application of the computer modeling software 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. Fiscall 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.
.l:\Engineer\AGENDA\Wastewater-Draiaage MP PBSJ Agreement.ac.doc
Wastewater Master Plan Schedule
Collection
Flow Monitoring l l .........
Facilities Assessment -- l · l l
Capacity Evaluation /II l/l/1
CIP Development ---///I
Financial Analysis --1 · lll
Sewer Requirements
and Standards ll
Emergency Response
Workshops and
council Briefings ____ il lll
Report Preparation
~ra~ I ll/1
Fina]~ ........... l I
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
Drainage Master Plan Schedule
Research and Data1 1 1 .........
Collection
Model Developme.t --/I/
System EvalUation __ __ l I 1 1 1 -- -- --
ClU.cvelopmeut -- / /[] []
Financial Analysis ___Il lmm ....
Workshops and
Council Briefings Il lmm
Report Preparation
J:\Engineer\AGENDA\Wastewater-Drainage MP PBSJ Agreement.ac.doc
TABLE 1
Wastewater Master Plan
Task Current Contract Amount First Amendment Revised Contract Amount
Sewer Research end Data Collection $27,524.00 $14,910 $42,434.00
Sewer Flow Monitorin~ $11,438.00 $0 $11,438.00
Sewer Facilities Assessment $30,126.00 $0 $30,126.00
Sewer Capacity Evaluation $92,900.00 $14,600 $107,500.00
Wastewater CIP Development $15,440.00 $0 $15,440.00
Financial Analys~s $26,510.00 $0 $26,510.00
Sewer System Requirements & Standards $5, ! 37.00 $0 $5,137.00
Sewer Emergency Response $5,273.00 $0 $5,273.00
Workshops and Council Briefin~ $18,698.00 $0 $18,698.00
Report Preparation $42,957.00 $0 $42,957.00
Proj Mgmt,Meetin~s,and Coordination $43,909.00 $0 $43,909.00
Training of City Staff $12,900.00 $0 $12,900.00
Technical Support $13,988.00 $0 $13,988.00
Additional Data Collection $ l 7,000.00 $0 $17,000.00
Outside and Direct Cost $48,100.00 $0 $48,100.00
Additional As-Needed Engineering Services $0.00 $18,590 $18,590.00
DraJnase Facilities Master Plan
Task Current Contract Amount First Amendment Revised Contract Amount
Storm Drain Research and Data Collection $21,682.00 $0 $21,682.00
Drainage Model Development $85,619.00 $111,120 $196,739.00
Drainage System Evaluation $94,086.00 $0 $94,086.00
NPDES Conditions Assesment $10,830.00 $0 $10,830.00
Stormwater CIP Development $14,196.00 $ 0 $14,196.00
Financial Analysis $16,300.00 $0 $16,300.00
Workshops and Council Briefing $5,928.00 $0 $5,928.00
Report Preparation $41,559.00 $0 $41,559.00
Additional Data Collection $3,000.00 $0 $3,000.00
; S~btotal) $293¢0~ 00 ; ~Illi~10;00 $
Total ~ 6nitra~ Amount ] $705ii~0 !0~ [ ~i59,220,00 [: $86;4320;00
J:\Engineer~Advanced Planning\Drainage-MasterPlan\PBSJ-Revised-Budget.ac
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING $141,120 IN STORM DRAIN
REVENUES FROM THE DRAINAGE BASIN CONSTRUCTION,
EAST OF SECOND AVENUE PROJECT (DR-120) TO
DRAINAGE FACILITIES MASTER PLAN (DR-154) AND
APPROPRIATING $78,100 FROM THE TRUNK SEWER
CAPITAL RESERVE FUND TO THE WASTEWATER MASTER
PLAN (SW223)
WHEREAS, the City of Chula Vista's current Drainage Facilities Master Plan relies on a
document titled "A Special Study of Storm Drain Facilities, A Supplement to Chula Vista's
General Plan", prepared in 1964 by the engineering firm Lawrence, Fogg, Florer and Smith; and
WHEREAS, since then, the City has experienced a significant amount of growth, and has
adopted several land use changes and annexed a considerable number of areas which were not
originally evaluated in the 1964 study; and
WHEREAS, based on these issues, it was necessary to update the Drainage Facilities
Master Plan and the wastewater collection and transportation systems to determine the
infrastructure's ability to support the City for the next 20 years; and
WHEREAS, staff is recommending the use of Storm Drain Revenue funds to fund the
proposed Drainage Facilities Master Plan amendment; and
WHEREAS, the cost~ associated with the Drainage Facilities Master Plan amendment
will be funded fi'om the Drainage Basin Construction, east of Second Avenue project (DR-120)
since that project has been delayed but which is currently funded from General Fund and Storm
Drain Revenue funds; and
WHEREAS, in addition, $30,000 will be added to the project (DR-154) budget for City
staff time associated with the drainage facilities master plan preparation; and
WHEREAS, approval of these staff resolutions will authorize the appropriation of
$78,100 from the Trunk Sewer Capital Reserve Fund, the original funding source for the project,
to the Wastewater Master Plan project (SW223); and
WHEREAS, in addition, $30,000 will be added to the project (SW223) budget for City
1
staff time associated with the wastewater master plan preparation; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby authorize transferring $141,120 in Storm Drain Revenues fi.om the Drainage Basin
Construction, east of Second Avenue Project (DR-120) to Drainage Facilities Master Plan (DR-
154) and appropriating $78,100 from the Trunk Sewer Capital Reserve Fund to the Wastewater
Master Plan (SW223).
Presented by Approved as to form by
Clifford Swanson Anfl/l~(o~ff__../'
Director of Engineering City Attorney
J:\at tomey\reso\Sewer\Tran s letting $141,120
2
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING F1RST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND PBS&J, FOR THE PREPARATION OF A
WASTEWATER MASTER PLAN AND A DRAINAGE FACILITIES MASTER
PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAD AMENDMENT
ON BEHALF OF THE CITY.
WHEREAS, on October 22, 2002, City Council by Resolution 2002-417 approved an
agreement with PBS&J for the preparation of a Wastewater Master Plan and a Drainage Facilities
Master Plan; and
WHEREAS, as work on the project proceeded, it became apparent that additional work
would need to be done beyond what was defined in the original scope of work in order to complete
the Drainage Facilities Master Plan and Waste~vater Master Plan; and
WHEREAS, based on these issues, it was necessary to update the Drainage Facilities Master
Plan and the wastewater collection and transportation systems to determine the infrastructure's
ability to support the City for the next 20 years.
WHEREAS, for the Drainage Facilities Master Plan project, the proposed first amendment
will increase the contract with PSB&J, as amended by $111,120; and
WHEREAS, for the Wastewater Master Plan project, the proposed amendment will increase
the contract with PSB&J as amended by $48,100; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the First Amendment to the Agreement between the City of Chula Vista and
PBS&J, for the preparation of a Wastewater Master Plan and a Drainage Facilities Master Plan; 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 Amendment on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann i~lbore
Director of Engineering City Attorney
J:\attorney~reso\ Amendment\l st Amendment PBS&J
FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
PBS&J
FOR THE PROVISION OF A WASTEWATER MASTER PLAN AND A DRAINAGE
FACILITES MASTER PLAN
THIS FIRST AMENDMENT TO THE AGREEMENT for the provision of a wastewater master plan
and a drainage facilities master plan is entered into as of October 7, 2003, by and between the City of
Chula Vista (CITY) a municipal chartered corporation of the State of California, and PBS&J
(CONSULTANT).
RECITALS:
WHEREAS, the City of Chula Vista, by Resolution 2002-417 on October 22, 2002,
approved the Original Agreement with PBS&J to prepare the City of Chula Vista Drainage Facilities
Master Plan and the Wastewater Master Plan; and
WHEREAS, the City further requires PBS&J to provided additional consultant services not
set forth in the Original Agreement, in order to complete the Drainage Facilities Master Plan and the
Wastewater Master Plan; and
WHEREAS, City staff cannot perform the work outlined below due to lack of available staff
and/or lack of expertise to provide the stated services, and that the approval of this amendment shall
result in enhanced continuity of the project and expedite the timely completion of the project, and;
NOW, THEREORE BE IT RESOLVED, that the parties do hereby mutually agree that the
Original Agreement is hereby amended as follows:
I. Exhibit A, Section 8, Subsection 8.1 is hereby amended to add or modify the following to the
Scope of Work and Schedule:
8.1 WASTEWATER MASTER PLAN
A. As to subsection A, add the following:
8.1.A.8
Obtain, evaluate, and verify record drawings of City wastewater facilities included in the
Master Plan hydraulic model.
-1-
B. As to subsection D, 8.1.D.4 shall be modified to mad as follows:
8. I.D.4
Identif~ 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.
City (via another consultant) will provide the physical sewer data (diameter, length, slope, and
manhole invert and rim elevations) and wastewater loading projections for the Salt Creek
Interceptor in a digital format compatible with the XP-SWMM model input format. Utilizing
this data the Consultant shall update the Salt Creek Interceptor Model as follows:
a) Extend existing model alignment to include Reaches 1 and 2
b) Obtain and review current development plans for the Salt Creek Sewer basin
c) Revise model basin boundaries, if required
d) Develop wastewater loading tables for model tributary sub-basins
e) Prepare exhibit showing tributary sub-basin boundaries
F) Update model loading input files and mn ultimate basin build-out simulation
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 from previous City
approved projects. Minor updates to the data will be made (if necessary) based on current
information available to either party.
C. New subsection L shall be added as follows:
8.1.L Additional As-Needed Engineering Services
During completion of the various phases and tasks required for Wastewater Master Plan, the
Consultant may be required by City to provide additional services, including, but not limited
to, additional flow monitoring and sampling, additional scenario development. Consultant
shall provide assistance in accordance with Consultant's Rate Schedule (as shown in Exhibit
A, Section 11 - Compensation, of the Original Contract) as required by the City and its
agents within the initial budget for this task. Services required beyond that which can be
funded by the initial budget, shall be provided as an additional service upon written
authorization by the City. Consultant shall only conduct work under this task as approved
and authorized by the City. Email approvals from the City for services under this task will
be considered written authorization.
-2-
II. Exhibit A, Section 8, Subsection 8.2 is hereby amended to add the following:
8.2. DRAINAGE FACILITIES MASTER PLAN
J. Additional Consultant Services
The Consultant shall provide the following services in order to complete the drainage
facilities master plan:
J. 1 Continued delineation of drainage sub-basins to the level of detail required by City staff.
J.2 Additional storm drain facility plan research.
J.3 Additional storm drain facility field investigation.
J.4 Continued coordination with City staff for quality assurance reviews.
J.5 Continued population of GIS maps and database with facilities identified by City staff
during quality assurance reviews.
J.6 Additional drainage study research.
J.7 Prepare for and attend four meetings with City staff upon City's request.
J.8 Project management for additional drainage work.
KI. Exhibit A Section 11, Compensation Subsection A is hereby amended to read as follows:
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 ail of the Defined
Services herein required of Consultant for Eight Hundred and Sixty Four Thousand, Three
Hundred and Twenty Dollars ($864,320) including all Materials, and other "reimbursables"
("Maximum Compensation"). Specifically, Consultant shall be compensated for the various
projects as follows:
(a) Four Hundred and Sixty Thousand Dollars ($460,000) - Wastewater Master Plan
(b) Four Hundred and Four Thousand Three Hundred and Twenty Dollars ($404,320). -
Drainage Facilities Master Plan)
-3-
(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.
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 $105.00
Senior Engineer Cynthia Peraza $90.00
Analyst II Marc Cavalero $80.00
Analyst II Hone Kalvan $80.00
Graphics Designer Kilarney Carnohan $80.00
Prqject Analyst Karen Chwala $55.00
Administrative Clerk LeAnn Wissink $45.00
IV. Consultant shall perform all the terms and conditions of this first amendment and all subsequent
amendments, if any, to the satisfaction of the Director of Engineering.
V. All other terms and conditions of the original agreement not specifically modified by this first
amendment remain in full force and effect.
Signature Page
To
First Amendment To The 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.
1T WITNESS WHEREOF, City and Consultant have executed this First Amendment
thereby indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
DATED:__ CITY OF CHULA VISTA
By
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
DATED: PBS&J
Paul E. Cooley
Vice President
Exhibit List to Agreement
(X) Exhibit A
J:XEngineer~AGENDA~First Amendment PBS&J Contract Agreement.jcm.doc
-5-
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/07/03
ITEM TITLE: Resolution Amending the Master Fee Schedule to permit picnic
shelters reservations in City parks year round, effective November 1, 2003
Resolution Amending the FY 03-04 budget by appropriating $2,000
from unanticipated revenues for hourly wages
SUBMITTED BY: Director of Public Works Operations~/~
REVIEWED BY: City Manager v 0v (4/5th Vote X Yes __ No)
The Picnic Shelter Reservation Program was established in 1986 at Rohr Park and Eucalyptus Park.
The reservation dates have remained the same since the establishment of the program. Due to
increased demand at Parks throughout the City, it is now necessary to expand the reservation
program to year round.
RECOMMENDATION: That Council:
1) Adopt the Resolution amending the Master Fee Schedule to permit picnic shelters
reservations in City parks year round, effective November 1, 2003.
2) Adopt the Resolution amending the FY 03-04 budget by appropriating $2,000 from
unanticipated revenues for hourly wages.
BOARD/COMMISSION RECOMMENDATION: On September 18, 2003, the Parks &
.Recreation Commission was informed &the proposed expansion in the reservation program. This
item was not placed on their agenda because staff's decision to expand the program occurred after
the agenda had already been established. The commission was asked to contact the Director of
Public Works Operations if they had any concerns or issues. The Parks & Recreation Commission
had no objections to expanding the park reservation program year round.
DISCUSSION:
The Picnic Shelter Reservation program was established in 1986 at Rohr and Eucalyptus Parks to
provide convenience to users, control the number of group and family picnic users, reduce conflicts
among users, and make the users responsible for cleanup after their use.
The reservation program includes a rental fee and a cleaning deposit. The program guarantees a
picnic area for users who make reservations and requires users to cleanup after their event in order to
Page 2, Item ~a
Meeting Date 10/07/03
get their cleaning deposit returned. The fees generated are used to supplement the general fund for
staffing and supplies needed to operate the program.
Staff recommends the following change to Chapter VII, Section C.2. of the Master Fee Schedule:
The change removes any reference in the Master Fee Schedule as to when reservations will be taken.
This will allow the department to take reservations year-round, and stop them at any park during
renovations or other extenuating circumstances as necessary.
There will be no impact on clerical staff during the additional months (November through February),
because the busiest time of the season is during the summer months. However, additional hourly
wages ($2,000) are required to assist the Park Rangers in overseeing the extended reservation
program. Adding year-round reservations will make the program more convenient to those patrons
who want reservations during the "off season" to guarantee that a shelter will be available to them.
Previously, patrons were not guaranteed a shelter with their air jump permit, because shelters were
on a first come, first served basis. By extending the reservation program, patrons won't have to
arrive so early in the morning to claim a shelter, which will also eliminate disagreements and
conflict.
FISCAL IMPACT:
The fees from rentals generated during the winter months are estimated at approximately $9,000
annually. This estimate was based on the number of air jump permits (adjacent to a shelter) that
were pulled last fiscal year, assuming these residents will also want a shelter.
The cost to the General Fund will be $2,000 annually to provide additional hourly wages to assist the
Park Rangers in overseeing the extended reservation program. Since the anticipated revenue
($9,000) will offset the cost for hourly wages ($2,000), there is no net fiscal impact to the General
Fund.
K:~Public Works Operations~Al lYs 2003~A113 Picnic Shelter and Commercial game fees.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO PERMIT PICNIC SHELTERS RESERVATIONS IN CITY
PARKS YEAR ROUND, EFFECTWE NOVEMBER 1, 2003
WHEREAS, the Picnic Shelter Reservation Program was established in 1986 at Rohr
Park and Eucalyptus Park; and
.~. WHEREAS, reservation dates have remained the same since the establishment of the
programi and
,~!,, WHEREAS, due to increased demand at parks throughout the City, it is now
necessary to expend the reservation program to year round; and
WHEREAS, staff recommends changes to Chapter VII, Section C.2 of the Master Fee
Schedule removing any reference to when reservations will be taken and allowing the
department to take reservations year-round as necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Master Fee Schedule to permit picnic shelters reservations in City
parks year round, effective November 1, 2003 by deleting from Chapter VII, Section C.2. "The
picnic shc!tcr reservation rents! ~cascn shall bc ffcm March iF, rough Octcber year rcund.".
Presented by Approved as to form by
Director of Public Works Operations Ci, t'y Attorney
J:/attorney\reso\finance\MFS - picnic shelters reservations
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 03-04 BUDGET BY
APPROPRIATING $2,000 FROM UNANTICIPATED
REVENUES FOR HOURLY WAGES
WHEREAS, the Picnic Shelter Reservation Program was established in 1986 at Rohr
Park and Eucalyptus Park; and
WHEREAS, reservation dates have remained the same since the establishment of the
program; and
WHEREAS, due to increased demand at parks throughout the City, it is now
necessary to expend the reservation program to year round; and
WHEREAS, additional hourly wages ($2,000) are required to assist the Park Rangers
in overseeing the extended reservation program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY 03-04 budget by appropriating $2,000 from unanticipated
revenues for hourly wages to permit picnic shelters reservations in City parks year round,
effective November 1, 2003.
Presented by Approved as to form by
Dave Byers '~F'~Moo'~re ~/~ ~
Director of Public Works Operations City Attorney
.l:\attomey\reso\lhmnce~Amend FY 03-04 budget hourly wages
COUNCIL AGENDA STATEMENT
ITEM ~//
MEETING DATE: October 7, 2003
ITEM TITLE: Resolution appropriating $60,000 from the available balance of the
Park Acquisition and Development Fee Fund (PAD Fee) for the
acquisition of real estate appraisal services for undeveloped property in
Otay Ranch related to a prospective update of the PAD Fee.
SUBMITTED BY: Director of General Services ~.0~. ·
REVIEWED BY: CityManager~,rd (4/5thsVote: YES X NO.~
RECOMMENDATION:
That Council approve the appropriation.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Over the past several months, the City has been working with the developers in the Otay Ranch
with respect to a number of issues related to future park development. Two of the primary issues
of discussion have been the need for the City to consider an update to the PAD Fee in light of the
quickly increasing land values in Otay Ranch and the future development of a major community
park that has been called the "70 Acre Park".
Each year, the City reviews many of its fees and analyzes whether the fee amount that is charged
accurately reflects the costs the City incurs to provide the service that the fee funds. The PAD
Fee is charged to new development at the time that a final map is approved and funds both the
acquisition of parkland and the development of that land into parks. The acquisition component
of the fee appears to be in need of updating based on the rapidly increasing value of land not
only in Otay Ranch, but also throughout the City. In order for the City to have sufficient funding
to acquire the necessary parkland acreage, the acquisition component of the fee must keep pace
with the real estate market as it relates to the value of undeveloped land.
The best way for the City to make sure that the fee is keeping pace with the market is to have
regular appraisals of developed property undertaken. The City has undertaken a number of
appraisals in the recent past and needs to have a larger appraisal done of all undeveloped
property in Otay Ranch. The cost of this larger appraisal is estimated to be $34,000 and the costs
of the smaller focused appraisals will likely total approximately $25,000, hence the need for a
total appropriation of $60,000. Contracts for Appraiser's Services will be prepared and presented
for approval in the future pursuant to Municipal Code requirements.
Page 2, Item: 7
Meeting Date: 10/07/03
FISCAL IMPACT:
There is no impact to the General Fund as the appraisals would be entirely funded from the PAD
fee. The costs of the appraisals can be recovered if the Council eventually approves an updated
PAD Fee schedule at some point in the future.
J:\General Services\GS Administration\Council Agenda\Otay Ranch Community Park\Otay Ranch PAD Fee Appraisal Al 13.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING $60,000 FROM THE AVAILABLE
BALANCE OF THE PARK ACQUISITION AND DEVELOPMENT
FEE FUND (PAD FEE) FOR THE ACQUISITION OF REAL ESTATE
APPRAISAL SERVICES FOR UNDEVELOPED PROPERTY IN
OTAY RANCH RELATED TO A PROSPECTIVE UPDATE OF THE
PAD FEE.
WHEREAS, Park Acquisition and Development (PAD) fees were adopted by the City Council as
set forth in Chapter 17.10 of the Municipal Code; and
WHEREAS, Section 17.10.110 of the Municipal Code provides that costs and the specified
formula for the payment of fees is subject to periodic review and amendment by the City Council due to
changed conditions; and
WHEREAS, the PAD Fee is charged to new development at the time that a final map is approved
and funds both the acquisition of parkland and the development of that land into parks; and
WHEREAS, the acquisition component of the fee appears to be in need of updating based on the
rapidly increasing value of land not only in Otay Ranch but also throughout the City; and
WHEREAS, in order for the City to have sufficient funding to acquire the necessary parkland
acreage, the acquisition component of the fee must keep pace with the real estate market as it relates to
the value of undeveloped land; and
WHEREAS, the City has undertaken a number of appraisals in the recent past and needs to have a
larger appraisal done of all undeveloped property in Otay Ranch; and
WHEREAS, contracts for appraiser's services will be prepared and presented for approval in the
future pursuant to Municipal code requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby approve the appropriation of $60,000 from the available balance of the PAD Fee Fund for the
acquisition of real estate appraisal services for undeveloped property in Otay Ranch.
Presented by Approved as to form by
Jack Griffin Ann IVl'66~d'/o'
Director of General Services City Attorney
J:\attomey\reso\park\PAD Fee tbr appraisal services
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 10/07/03
ITEM TITLE: Resolution approving a Design Build agreement with
Erickson-Hall Construction Co. for the provision of services required to
design and construct Fire Station No. 6 located at East H Street and Mt.
Miguel Road in the Rolling Hills Ranch community of Chula Vista and
authorizing the Mayor to execute said Agreement.
SUBMITTED BY: Director of General ServiCes~--
No X_~..)
The City Council previously approved CB? project No. PSI26 which involves the construction of
a completed and fully functional 4.200 square foot 2-bay fire station including the facilities and
site-work required to provide tim service to the eastern temtories of the City. The project is
ready to begin the design phase. The resolution before council this evening will award Erickson-
Hall Construction Co. a Design Build Agreement for Fire Station No. 6.
RECOMMENDATION: That the City Council approve a Design Build Agreement with
Erickson-Hall Construction Co. for the provision of services required to design and construct
Fire Station No. 6 and authorize the Mayor to execute said agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
Design-Build as a project delivery system was approved through Charter Amendment in March
2000. In October 2000, the Council adopted Chapter 2.57, Design-Build Contracts, establishing
the procedure for the selection and award of Design-Build contracts. Municipal Code 2.57.030
sets out the procurement procedure whereby either a project specific Request for Proposal (RFP)
is distributed, a selection is made off the Qualified List of Design-Build Entities, or a Sole-
Source award is made. 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 and additional Fire Stations. On August 20, 2002, the City received
eight proposals in response to the RFP and subsequently reviewed the eight firms, based upon
this review a short list of four firms was established. The four firms were Erickson-Hall
Construction, Rudolph and Sletten, Inc., Douglas E. Bamhart, Inc., and HB&A Architects, Inc.
A selection committee, appointed by the City Manager, reviewed and evaluated the proposals
and conducted interviews with all four firms. The four firms were ranked and the top three firms
were placed on the list of Qualified Design-Build Entities (Fire Stations), and approved for
certification by Council on November 5, 2002. Those firms are Erickson-Hall Construction Co.,
Rudolph & Sletten, Inc., and Douglas E. Bamhart, Inc. On July 28, 2003 an RFP was issued to
Page 2, Item: ~
Meeting Date: 10/07/03
those firms on the certified list and on August 11, 2003 all three firms responded. Based on the
proposals, Erickson-Hall Construction CO. was selected as the Design Builder with construction
experience for this type of project and demonstrated the ability to cost effectively complete the
project within budget. The Architect of the Design Build Team, CCBG Architects, is a new
Architect for City projects, but has had extensive experience with fire station design and
construction. CCBG Architects, in recent years, has completed designs for Fire Stations in the
City of Encinitas and San Ysidro and has a reputation as one of the premier Fire Station
Architects. Erickson-Hall Construction Co. has constructed Fire Stations in Rancho Santa Fe,
Oak Grove and Chula Vista. The Company recently completed a 2,300 square foot addition to
the City's existing Fire Station No. 4 that serves as the Fire Training Facility on schedule and
within budget. They are currently nearing completion of a 4,000 square foot single bay outfit
and storage building at Fire Station No. 2 in the Hilltop area. The proposal submitted by
Erickson-Hall included a cost breakdown that was comparatively less than Rudolph & Sletten,
Inc. and Douglas E. Bamhart, Inc. Based upon Erickson-Hall's experience, the opportunity to
enlist the services of a well respected Architectural firm, like CCBG, and cost, Staff recommends
the selection of this Design Build Team.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Erickson-Hall Construction Co. for
the provision of services required to design and construct a fully functional 4,200 square foot 2-
bay fire station including the facilities and site-work. 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 architect,
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. 6, the design/build
process will place sole responsibility for delivery of the project upon Erickson-Hall Construction
Co., a general contractor. Erickson-Hall Construction Co. 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 Design-Build Agreement with Erickson-Hall Construction Co. will provide the
City with a fully functional Fire Station that would service the eastern portion of the City. The
scope of work includes but is not limited to the following:
Page 3, Item: ~
Meeting Date: 10/07/03
Design and construct a completed and fully functional 4,200 square foot 2-bay fire station
including the facilities and site-work. The facility shall include, but not be limited to all
components described in the Program Document.
Erickson-Hall Construction Co. shall perform all services, work and obligations as described for
the not to exceed mount of $1,915,709, which shall include Design Services, General
Conditions, Insurance, Bonds and all Hard Construction costs necessary to provide a fully
completed and functional Project. 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 4,200 square
foot 2-bay fire station in accordance with all applicable building codes.
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 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 Erickson-Hall Construction Co. 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
Erickson-Hall Construction has agreed and the contract reflects the following completion dates:
· Substantial Completion: August 2004.
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.
· 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: 10/07/03
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 Final Supplemental Environmental Impact Report
for the Salt Creek Ranch Sectional Planning Area Plan (EIR 91-03). Thus, no further
environmental review or documentation is necessary.
FISCAL IMPACT:
Erickson-Hall Construction Co. shall perform design services, and general conditions for the not
to exceed amount of $334,725. At 90% complete documents a GMP will be established as part
of this agreement, which will include, but not limited to, design costs, general conditions, project
management, the cost for all labor, equipment, and material to design and build a fully functional
4,200 square foot 2-bay fire station 2 in accordance with all applicable building codes. Staffwill
return to Council for approval of the GMP once the construction documents reach 90%
completion. At the same time, staff will request that Council appropriate additional funds from
Public Facilities Development Impact Fee Fund to construct the project. Funds currently in the
CIP of $1,335,719 are sufficient to complete the design phase.
Attachments: Attachment 1 - Design/Build Agreement
J:\General Services\GS Administration\Council Agenda~Fire Station 6\Fire Station 6 DBA 082703.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION COMPANY. FOR THE PROVISION
OF SERVICES REQUIRED TO DESIGN AND
CONSTRUCT FIRE STATION NO. 6, LOCATED AT
EAST H STREET AND MT. MIGUEL ROAD tN THE
ROLLING HILLS RANCH COMMUNITY OF CHULA
VISTA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the City Council previously approved CIP Project #PS126 which
involves the construction of a completed and fully functional 4,200 square foot 2-bay fire
station including the facilities and sit-work required to provide fire service to the eastern
territories of the city; and
WHEREAS, the project is ready to begin the design phase; and
WHEREAS, Erickson-Hall Construction Company successfully competed in a
Request for Qualifications process to be placed on a pre-approved priority list of design
builders; and
WHEREAS, Municipal Code section 2.57.030 sets out the procurement
procedure whereby either a project specific Request for Proposal (RFP) is distributed, a
selection is made off the Qualified List of Design-Build Entities, or a Sole-Source award is
made; and
WHEREAS, Erickson-Hall Construction and three other firms were invited to
interview to provide the services necessary to design and construct Fire Stations; and
WHEREAS, Erickson-Hall Construction Company was selected as the Design
Builder with construction experience for this type of project and demonstrated the ability to cost
effectively complete the project within budget; and
WHEREAS, the Architect of the Design Build Team, CCBG Architects, is a new
architect for City projects, but has had extensive experience with fire station design and
construction. CCBG Architects, in recent years, has completed designs for Fire Stations in the
City of Encinitas, and San Ysidro and has a reputation as one of the premier Fire Station
Architects; and
WHEREAS, Erickson-Hall Construction Company has constructed Fire Stations
in Rancho Santa Fe, Oak Grove and Chula Vista; and
WHEREAS, the proposal submitted by Erickson-Hall included a cost breakdown
that was comparatively less than Rudolph & Sletten, Inc., and Douglas E. Bamhart, Inc.; and
WHEREAS, based upon Erickson-Hall's experience, the opportunity to enlist
the services of a well respected Architectural firm, like CCBG, and cost, Staff recommends the
selection of this Design Build Team.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve a Design Build Agreement with Erickson-Hall Construction
Company for the provision of services required to design and construct Fire Station No. 6,
located along East H Street and Mt. Miguel Road in the Rolling Hills Ranch Community of
Chula Vista, a copy of which shall be kept on file in the office of the City Clerk and hereby
authorizes the Mayor to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
~n Moore
Director of Building and Park City Attorney/_./
Construction
J:\attomey\reso\Agrcements\Design Build Fire Station 6
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this 7th day of October, by and between
THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and Erickson-Hall
Construction Co. ("Design Builder or D/B"). City and D/B are sometimes hereinafter
referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Fire Station No. 6, is a new fire facility to the City, and
WHEREAS, the City of Chula Vista in an on-going effort to expand the services to
the communty, has planned for Fire Station No. 6 located in Rolling Hills Ranch
Community in the Eastern area of the City; and
WHEREAS, 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 Final
Supplemental Environmental Impact Report for the Salt Creek Ranch Sectional Planning
Area Plan (EIR 91-03). Thus, no further environmental review or documentation is
necessary; and
WHEREAS, on November 5, 2002 the Council approved a resolution establishing a
Design-Build Priority List for Fire Facilities to be used in awarding Design-Build contracts
for future City projects, and
WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on July 28, 2003 an
RFP (Request for Proposal) was issued to the three Design-Build firms off the Priority List
to prepare proposals, and
WHEREAS, all three respondents submitted proposals and based upon the review
of each proposal, 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;
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 Request for
Proposal (RFP) for Design Build Services for Fire Station No. 6 (Exhibit 1), D/B shall
design and construct for the City: a completed and fully functional 4,200 square foot
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2-bay fire station. The Fire..Facility shall include, but not be limited to all
components outlined and described in the attached document entitled RFP for
Design Build Services for Fire Station No. 6 (Exhibit 1) (referred to hereafter as
"Project"). The Project is located in Rolling Hills Ranch Community in Eastern Chula
Vista.
1.2 The services to be provided by D/B are generally to be performed in four
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement. The services provided bythe D/B shall include, but not be limited to, all
services outlined and described in this agreement and those within Exhibit 1.
1.3 The D/B shall:
1.3.1 Perform all services, work and obligations as described herein for
the notto exceed amount of $1,915,710, 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
$334,725 as outlined in the Design Build Fee Structure (Exhibit 2).
At 90% complete construction documents a Guaranteed Maximum
Price (GMP) will be established pursuant to Section 13 of this
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 rules, regulations, and
laws. The D/B fee shall be based upon the Design Build Fee
Structure (Exhibit 2) and is estimated at $130,000. 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 9 and 14 of this agreement. All funds
remaining in the GMP at the completion of the project shall belong to
the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in § 16.1) no later than
320 calendar days from issuance of Notice to Proceed at execution
of Agreement.
1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than 350
calendar days from issuance of Notice to Proceed at execution of
Agreement.
Section 2: General Obligations of City
2.1 City shall be obligated as follows:
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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 n the
ordery progress of D/B's services per the Detailed Construction
' Schedule (DCS);
.: .. 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 DCS;
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 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 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
2.2 City Review Process. City shall review Design Development Drawings
(DDD's), 50% Construction Drawings (CD's), 70% CD's, 90% CD's and
100% CD's which shall allow construction of Project in conformity with the
Program Document for the Project.
2.2.1 For each D/B submission, City shall have fifteen (15) working days to
review, approve, conditionally approve or deny said set of documents.
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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 under this Agreement to design
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 DCS, 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 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 cost 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 3. 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 14. 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 Take all reasonable steps during the course of the Project so as not to
interfere with the ongoing operation of the adjacent residences,
businesses and facilities, including but not limited to the following:
3.1.8.1 Not interfere with pedestrian and vehicular access;
3.1.8.2 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
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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 P.roject. 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) DDD (2) 50% CD's (3) 70% CD's
and (4) 90% CD's and (5)100% CD's. 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 estimates to the
City at DDD's, 50% CD's, 70% CD's and 90% CD's. Provide final
cost estimate, in four copies, to the City with Final 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 13.
3.1.15 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions beyond the standard of care
defined in Section 3.3 by D/B or D/B's agents, employees, design
consultants and contractors; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP or Contract Time.
3.1.16 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) 100% DDD's and (2) 50% CD's (3)
70% CD's, (4) 90% CD's and (5) 100% CD's. Said approval shall be
evidenced by written notice to proceed with the subsequent phase.
3.1.17 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions beyond the standard of care
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defined in Section 3.3 by D/B or D/B's agents, employees, design
consultants and contractors; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, 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 wdting 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
the processing of a change order pursuant to Section 14. 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 3.1.14.
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.
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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 ofthe responsible
people within their organizations performing services, which shall
in.clude 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 assigned to this
Project. 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 shall be as reflected in Exhibit 3. 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
Matedal Default.
3.3.3 City Right to Remove Project Manager, and Project Architect.
Notwithstanding the foregoing provisions of Section 3.3, if the
Individual Project Manager or Project Architect, 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, Landscape Architect
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
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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.
3.6 D/B team is to provide progress photographs taken at regular intervals
throughout the Project. Photographic documentation shall depict an overview of
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmitted to the City monthly. The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
Section 4: Work Restriction and Bidding Requirement
4.1 D/B shall determine how best to package portions of the work for purposes of
bidding. D/B shall be responsible for selectively bidding all construction work to
others and for entedng into subcontracts, in D/B's own name, with the bidder who in
D/B's discretion best meets the monetary, time, and performance requirement of the
Project. D/B is required to submit a summary of bid results for each bid package.
D/B shall be responsible for ensuring that these contracts fully comply with all
applicable local, state and federal laws, some but not all of which are listed below.
4.2 D/B shall hear and decide bid protests and shall develop and maintain bid
protest procedures for that purpose. City shall be timely informed of all bid protests
(prior to resolution) and the outcome of said protests.
Section 5: D/B's Phase I Services and Obli,qations - Desiqn Development
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Continue to develop program and refine project requirements and
review such requirements with the City.
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5.1.2 Prepare complete DDD's such that the DDD include, without
limitation, the following:
5.1.2.1 Site plan with pertinent notes and dimensions indicating
. property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; landscape and site elements.
5.1.2.2 Floor plans including graphically demonstrating interior and
' exterior walls and fenestration with notes, dimensions and
gridlines; room names, structural bay spacing with grids,
, ,..' . critical dimensions and area calculations;
5.1.2.3 Roof plans including detailed notes, dimensions,
mechanical equipment locations, define material for
mechanical screens, skylights and roof access, roof
materials, and roof drainage;
5.1.2.4 Building sections including vertical dimensions, floor
assembly thickness showing known structural elements,
notes and dimensions.
5.1.2.5 Exterior elevations including material references and
extent; visible roof top elements; existing and new line of
grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.1.2.6 Wall sections including all wall sections, dimensions,
. ..?. horizontal element offsets, and guide to exterior face of
. wall; dimensions, vertical floor to floor, floor to window head
and sill and floor to ceiling; structural elements and
assemblies; interior and exterior wall finishes; and wall and
roof assembly;
5.1.2.7 Outline specifications, written description of building
systems and components including site work, room
finishes, product cut sheets, and special equipment.
5.1.2.8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
5.1.2.9 Delivery of 3D rendered images, color and material boards,
special system and equipment plans.
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5.2 Prepare and submit to City detailed cost estimates with DDD.
5.3 Submit completed DDD to City. Obtain comments from City and make
revisions to DDD as required. Obtain written approval or conditional approval from
City to proceed to Phase II Services. If conditional approval granted, D/B shall
address all City comments or issues in the next set of drawings developed. City
retains the right to withhold approval and require resubmittal of the DDD. Any delay
or additional costs resulting from the re-submittal shall be borne exclusively by D/B
and not be grounds for an increase in the GMP or Contract Time.
5.4 D/B shall prepare a detailed Critical Path Method schedule for all design and
construction components of the DCS utilizing Microsoft Project software, showing all
major milestones, bid dates for the major bid packages, commencement of
construction, sequence of construction, completion of structural elements,
completion of the fire facility, all of which shall conform with the dates of Substantial
Completion and Final Completion of Project.
Section 6: D/B's Phase II Services and Obliqations - Construction Documents
6.1 D/B's services in Phase II shall include but are not limited to the following:
6.1.1 D/B shall continue to develop and refine project requirements and
review such requirements with City;
6.1.2 D/B shall prepare CD's which shall include, without limitation, the
following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature
of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space
assignments, sizes, and location of installed or
fixed and movable equipment which affects the
design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design
elements and features, including fenestration
arrangements, materials, mechanical and
electrical features appearing on the walls, roofs,
and adjacent areas.
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6.1.2.1.4 Interior elevations to establish functional
requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing primary
structural members, dimensions, and
accommodation of functional systems.
6.1.2.1.6Typical wall sections sufficient to indicate
materials, openings, and major features.
6.1.2.2 Structural drawings including plans and sections of
sufficient clarity and detail to show the extent and type of
structural system and dimensions, final structural design
criteria, foundation design criteria, preliminary sizing of
major structural components, critical coordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
6.1.2.6 Plumbing plans and details;
6.1.2.7 Plans showing installation of major systems, equipment,
fixed furnishings and graphics;
6.1.2.8 Technical specifications;
6.1.2.9 All other technical drawings, schedules, diagrams and
specifications, to set forth in detail the requirements for
construction of the Project which, at a minimum, include:
6.1.2.9.1 Provide information customarily necessary for the
use of those in the building trades;
6.1.2.9.2 Include documents customarily required to obtain
regulatory agency approvals;
6.1.2.9.3 Provide color board and architectural rendering for
required presentations.
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6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit T.V., lighting controls and
other electrical systems typical to fire facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
6.1.2.11.2 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.1.2.12 Sections through critical areas showing coordination of
architectural, structural, mechanical and electrical
elements.
6.1.2.13 Final specifications, including but not limited to the
following:
6.1.2.13.1 Architectural: general description of the
construction, including interior finishes, types and
locations of acoustical treatment, typical and
special floor coverings and final exterior and intedor
material selection;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical services,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
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audiovisual, security-fire alarms and cable antenna
television systems;
6.1.2.13.4 Landscape: General description ofthe construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 INTENTIONALLY LEFT BLANK
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6.1.2.13.7 Other: Such other documents to fix and describe
the size, quality and character of the entire Project,
its materials, and such other elements as shall be
appropriate.
6.1.2.14 Plumbing drawings including location and quantity offixtures,
equipment sizes, room sizes for plumbing equipment, and
final specifications as appropriate.
6.1.3 Utilizing the 2000 Edition of the Standard Specifications for Public
Works Construction, 2000 Edition of the Chula Vista Standard
Special Provisions, 2000 Edition of the Regional Standards, 2002
Edition of the Chula Vista Construction Standards, the City's facility
program, performance and design criteria, concept drawings, and
reports incorporated herein by reference, DB shall:
6.1.3.1 Prepare CD's and specifications suitable for obtaining City-
approved permits and to allow construction. Preparation of
technical materials and equipment specifications for pre-
purchase will be the responsibility of the DB.
6.1.3.2 Submit Construction Documents to the City for plan check,
and make any changes therein as may be lawfully required.
Obtain general building permit and all ancillary permits and
licenses, including but not limited to, demolition permits,
improvement permits and grading permits.
6.1.3.3 Complete the design for all elements of the Project, including,
but not limited to: civil, structural, architectural, mechanical,
electrical, landscape, and specialty consulting areas.
6.1.3.4 Evaluate alternative structural and construction approaches
to ensure economical designs, which optimize constructability
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yet meet all codes, architectural concepts, schematic
designs, and standard specifications of the Project. Design
and construction shall also meet all ADA requirements.
6.1.3.5 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.
6.1.3.6 Furnish support to a City constructability review team at the
50%, 70% and 90% percent design completion stage.
Incorporate the results of this review into the design.
6.1.3.7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews.
6.2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the DCS utilizing Microsoft Project software, showing all major
milestones, bid dates for the major bid packages, commencement of construction,
sequence of construction, completion of structural elements, completion of the fire
facility, all of which shall conform with the dates of Substantial Completion and Final
Completion of Project.
6.4 Review as needed the CD's with the governmental authorities having
jurisdiction over the Project.
6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost of the Project is likely to exceed the GM P or Contract Time and include
in said notice:
6.5.1 An itemized cost breakdown estimate;
6.5.2 A list of recommended revisions which D/B believes will bdng Project
within the GMP;
6.5.3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope of the
Project so that the GMP is not exceeded.
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6.5.4 Provide a master accounting system and matrix on Microsoft Excel
that will be updated, expanded and provided to the City monthly as
the Project develops.
6.6 D/B shall develop and implement Project Management Plan and Procedures
including:
6.6.1 Project status reports
6.6.2 Coordination/interface with the City and its other
~ ' consultants/contractors
' 6.6.3 INTENTIONALLY LEFT BLANK
6.6.4 Biweekly Design and Construction meetings
. 6.6.5 Interface and communications with other agencies
6.6.6 Vendors and subcontractors management
6.6.7 Document control
' 6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
6.7 Submit and obtain approval from City of Phase II items. Provide written
confirmation that the project is still within the GMP and can be built in
. accordance with the DCS. Said written confirmation shall include an
..~ accounting of all costs and expenses incurred to date against the GMP.
Obtain written approval from City to proceed to Phase IV.
6.8' City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase III services during earlier phases to expedite
completion of the Project, for such tasks as, for example, demolition of the
buildings and relocation of utilities, and other critical path activities to meet
the Project Construction Schedule. However, absent such written
agreement, D/B shall not proceed with any Phase III services until the City
issues a written Notice to Proceed with Phase III.
6.9 Present to the City for approval the folloWing: 100% CD's, Management and
Implementation Plan, DCS.
6.9.1 Upon presentation by D/B to the City of the items specified in
Section 6.9, the City may:
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6.9.1.1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6.9.1.2 Determine not to proceed with the Project and terminate
this Agreement in accordance with Section 26.3 of this
Agreement; or
6.9.1.3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to Section 6.9 which does not conform to
previously approved direction of City any delay or additional
costs resulting from the resubmittal shall be borne
exclusively by D/B and not to be grounds for an increase in
the GMP or Contract Time.
Section 7: D/B's Phase III Services: Construction Administration
7.1 Affer City formally approves any required cost estimates, 100% Construction
Documents and Construction Schedule, City shall issue to D/B a written Notice to
Proceed with Phase III Services. The D/B shall construct the Project 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 D/B's Phase Ill Services shall include but are not limited
to:
7.1.1 Prepare and submit to City for review separate bid packages as D/B
determines appropriate to enable the construction of the Project to
proceed in an efficient and cost effective manner;
7.1.2 Conduct competitive bidding for the respective bid packages.
7.1.3 D/B shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.4 Schedule and conduct pro-bid conferences to answer questions
posed by bidders; said answers and any other information required
to provide clarification to the Construction Documents during the
bidding process shall be issued as written addenda and provided to
all prospective bidders;
7.1.5 Execute subcontracts, in D/B's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the D/B.
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7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
7.1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and orderly
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
7.1.9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
7.1.10 Provide timely review and approval of shop drawings, samples of
construction materials, product data, schedule submittals, and other
submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by D/B;
7.1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items. All change
orders, including zero dollar change orders which require the use of
D/B Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits
or claims for infringement,of patent rights and shall defend and hold
City and City's agents harmless from loss on account thereof; except
that City shall be responsible for such loss when a particular design,
process or product of a particular manufacturer is required by City.
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However, if D/B has reason to believe the use of a required design,
process or product is an infringement of a patent, D/B shall be
responsible for such loss unless such information is promptly given
to the City in writing.
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Pdor
to Final Completion, D/B shall cause to be removed from and about
the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
7.1.18 Develop a mutually agreed upon program to abate and minimize
noise, dust, and disruption to access for parking and services at all
times for adjacent business entities and residences;
7.1.19 Provide City with a DCS on an approved software within fourteen
(14) working days after receiving Notice to Proceed with Phase Ill,
provide updated versions of DCS on a monthly basis, and provide
immediate notice of any impact on critical path items;
7.1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7.1.22 Notify City in writing when D/B believes that the Project has
achieved Substantial Completion, participate with City in inspecting
the completed construction, prepare punchlists, and cause the
punchlist items to be performed and/or corrected in accordance with
the Construction Documents;
7.1.23 Notify City in writing when D/B believes that the Project has achieved
Final Completion. Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenance/service contracts, and maintenance and operating
manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
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Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
7.1.29 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The DB shall be responsible forcomplete management, supervision,
and reporting of all aspects of the construction of this Project.
7.1.31 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
inspections to verify compliance with the plans, specifications and
contract documents.
7.1.32 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.
7.1.33 The DB is responsible 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. The
DB is responsible as a designer, employer, and City representative
to comply with all portions of Title 24 and the ADA.
7.1.34 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
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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.
7.1.35 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.
7.1.36 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.
7.1.37 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.
7.1.38 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.
7.1.39 Prepare Operations Manual.
7.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that materials 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 22.
Section 8: D/B's Phase IV Services and Obliqations: Operation/Startup Phase,
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
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8.1.15 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.
Section 9: Additional Services
9.1 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 9.4. 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.
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid a fee
pursuant to the sliding scale as determined on Exhibit 2. Said fee shall cover all
hOme office overhead and profit to be earned as additional services.
9.3 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.
9.4 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 10: Bonds
10.1 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.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
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10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement 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.
10.3 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 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to proper/y, 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 or to provide evidence of renewal may be treated by the City as a material
breach of contract.
11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
11.3.1.3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
11.3.1.4 Errors and Omissions Insurance.
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11.3.1.5 A policy of "all risk" Builder's Risk Insurance for the Full
Replacement Cost of Materials, Equipment and fixtures
destined to become a permanent part of the structure,
Property in Transit, and Property in Offsite Storage will
be provided by the City of Chula Vista for Fire Station
#6 construction in an amount equal to the Hard Cost
Construction value. Contractors and Subcontractors
will be added to policy as Loss Payees as their interest
may appear.
Contractor and its Subcontractors will be solely
responsible for any loss or damage to their personal
property including contractor's tools and equipment
owned, used, leased, or rented by the Contractor or
Subcontractor.
The $5,000 policy deductible amount will be the
responsibility of Contractor and/or Subcontractor.
11.4. Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
11.4.1.1 General $2,000,000 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
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 Employer's $1,000,000 per accident for bodily injury
Liability: or disease.
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11.4.1.4 Errors and $1,000,000 per occurrence
Omissions:
11.5 Deductibles and Self-Insured Retentions
11.5.1 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;
orthe D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
11.6 Other Insurance Provisions
11.6.1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds using ISO Form
CG 2010 or its equivalent, with 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.
11.6.1.2 For any claims related to this project the D/S's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/B's insurance and shall not contribute
with it.
11.6.1.3 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.
11.7 Verification of Coverage
11.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
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clause. The endorsements should be on forms that 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.
11.8 Subcontractors
11.8.1 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
additional insured's under its policies.
11.9 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.
11.10 Prior to beginning Work under the Agreement, each and every Contractor of
any tier shall furnish Certificates of Insurance satisfactory to the City. All such
Certificates shall contain at least the following previsions:
11.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
11.10.2 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.
11.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full fome and effect, with
Insurers authorized by the California Insurance Commissioner to do
business in the State of California, any policies required by this
Agreement.
11.10.4 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.
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11.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section12: Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B 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 D/B, however, to call for, coordinate and
schedule all inspections.
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.
12.3 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 or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. 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.
12.4 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 13: D/B GMP for Services and Reimbursement,~
13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval.
Upon the approval of the 90% CD's, D/B shall, within ten (10) working days, submit
a GMP for approval by City. The GMP shall include all Hard Construction Costs,
D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the complete
J:\General Services\GS Administration\Design Build Agreements\FS No 6 DB Agmt Final.doc Page 27 of 47
design and construction of the entire Project as specified in the 90% C D's; provided
that:
13.1.1 The GMP shall not exceed $1,915,710 and include within said GMP
shall be no more than $334,725 for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
13.1.2 Said GMP shall be supported by a detailed itemized breakdown that
shows: the D/B Fixed Fees and the expected Hard Construction
Costs for each of the major trades on the Project which will include
labor, material expenses, equipment costs, and a reasonable D/B
Contingency Fund. Said D/B contingency fund shall not exceed 5%
of the Hard Construction Costs.
13.1.3 All Hard Construction Costs included in the GMP are' for direct
Construction costs incurred in performing the work, including taxes,
delivery and installation. City shall reimburse D/B for the exact
amount of subcontract, self performed work or invoice amount. No
additional D/B markup, handling fees, overhead, or other charges
are to be added or paid except as otherwise set forth in this
agreement. Upon Final Completion of the Project, any amount of
Hard Construction Costs or D/B Contingency Fund monies not
utilized shall result in a deductive Change Order.
13.1.4 The GMP shall include a D/B Contingency Fund which can be used
by the D/B with City approval. If the Parties mutually agree that
there is a sufficient surplus, the D/B Contingency Fund will be
available to provide additional funds for Change Orders as provided
for in Section 7 of this Agreement. This Contingency Fund will not
be available for: (1) Work required due to D/B's and/or
Contractors/subcontractors failure to perform according to the terms
of this Agreement and/or in compliance with the Construction
Documents, or (2) uninsured losses resulting from the negligence of
D/B or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the D/B
Contingency Fund, shall require City approval. The City reserves the
right to seek reimbursements for any funds used due to errors or
omissions of the Design Consultants.
13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
13.2 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 su.m to be determined at
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90% construction documents. GMP shall include the not to exceed amount of
$334,725 for General Conditions and Design Services. Said $334,725 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 § 14.
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:
13.2.1 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.
13.2.2 Estimating, value engineering and construction management;
13.2.3 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;
13.2.4 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;
13.2.4.1 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.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 9.
13.3 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
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13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 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 26, 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 14: Change in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
14.1.1 The City directs D/B to perform Additional Services or City Changes
as provided in Section 9.
14.1.2 For reasons expressly provided elsewhere in this Agreement.
14.2 The following procedure shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives dse 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.
14.2.2 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.
14.2.3 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
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complete recocds 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.
14.2.4 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 33. 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.
14.2.5 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 15: Payment Terms
15.1 D/B shall provide all Phase I, II and IV services for the Phase I, II and IV Fee.
D/B shall submit certificate and application for payment to the City on a monthly
basis for Phase I, II and IV services rendered and costs incurred. The monthly
payment shall be based upon percentage of completion of the Schedule of Values
plus any Reimburseable Costs as provided in Section 15.3.
15.2 D/B shall provide all Phase III services for the Phase III Fee. D/B shall submit
certificate and application for payment to City on a monthly basis for Phase III
services. The monthly payment application shall be based upon the percentage of
completion of the Schedule of Values plus any Reimbursable Costs and Hard
Construction Costs as provided in Section 15.3 and 15.4, 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.
15.3 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.
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15.4 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 itemization of all Hard Construction
Costs actually incurred by D/B during the previous month.
15.5 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 pement (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.
15.6 Subject to Sections 15.8, City shall pay D/B the ten pement (10%) retention
being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment"to
D/B. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 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.
15.8 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 16: Proiect Completion
16.1 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.
16.2 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.
16.3 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,
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licenses, and certificates of inspection, use and occupancy, and ordinances relating
..: to the Project.
. 16.4 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.
. 16.5 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
,'~, iUpon receipt or generation, which shall include a copy of D/B's filing protocol.
' Section 17: Contract Time
' 17.1 The "Contract Time" shall be the number of calendar days stated in Section 1
for D/B to achieve Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones
listed in the DCS.
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 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 per[ormance or
:i.completion of the Project, or specified part in question, beyond the corresponding
Contract Time, despite D/B's reasonable and diligent act'ons to guard against those
effects.
17.5 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.
iNo time extens on w be a owed for such delays. An increase in Contract Time
does not necessarily mean that D/B is due an increase in the GMP.
Section 18: Late Completion
18.1 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 17.3. They also
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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, 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 16.
Section 19: Right to Modify Work
19.1 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).
19.2 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 20: Intentionally Omitted
Section 21: Work By Others
21.1 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 priority
over the City Contractors; but the Padies 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.
21.2 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.
21.3 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
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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 22: Warranties and Guarantees
22.1 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 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.
22.2 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.
22.3 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.
22.3.1 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
22.4 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.
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22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, 0r suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
22.5.1 Obtain apl warranties that would be given in normal commercial
practice and as required by the City;
22.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
22.5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event D/B's warranty under section 22.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
22.5.5 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 23: Use and Possession Prior to Completion
23.1 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.
23.2 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 orthe
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assignability
24.1 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
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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 25: Indemnification
25.1 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.
25.2 D/B's obligation to indemnify under section 25.1 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 25.1, 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.
25.3 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 handling,
removal, abatement, capping, migration (after handling, removal, abatement or
capping) 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
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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 26: Right to Terminate and Suspend Work
26.1 Archaeological and Paleontological 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.
26.1.1 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.
26.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
26.2 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.
26.2.1 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.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 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
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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.
26.2.4 Any~iispute as to the amount due or owed to D/B upon termination
under this section shall be resolved in accordance with Section 33.
26.3 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 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, including reasonable
demobilization costs, 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.
26.3.1 Records and Documents Relating 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.
26.4 Upon receipt of the Notice of Termination, D/B shall take any action that may
be necessary, or that the City Manager may direct, for the protection and
preservation of the property related to this Agreement that is in the possession of
D/B and in which City has or may acquire an interest.
26.5 Payment to D/B Due to Termination - D/B and the City Manager may agree
upon the whole or any part of the amount to be paid because of the termination.
The amount may include a fee proportional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown in section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
amount of payments previously made. If termination occurs during Phase I, II, or
III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV D/B Fixed Fee, except for Phase IV D/B fixed fee
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proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Agree on Payment - If D/B and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
26.6.1 The price for completed services accepted, including any retention,
by City not previously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory expense allocable thereto.
These costs are only for Work completed and accepted by the City
based on an audit of all Contractors' bills of materials and the
timecards for Work actually pedormed;
26.6.3 A portion of the D/B Fixed Fee (overhead and profit) based on the
percentage of Work completed on the Project; however, if D/B would
have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall
reduce the settlement to reflect the indicated rate of loss;
26.6.4 D/B and Design Subcontractor services through the date of
termination shall be paid based on actual time spent as documented
on timecards. Expenses shall be paid based on invoice and receipts
provided by D/B;
26.6.5 Under no circumstances will D/B be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If D/B does not agree that the amount determined by the City Manager is fair
and reasonable and if D/B gives notice of such disagreement to City within thirty
(30) days of receipt of payment, then the amount due shall be as later determined
pursuant to the Dispute Resolution procedures in Section 33.
26.8 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exclude
from the amounts payable to D/B under this Section, the fair value, as determined
by the City Manager, of properly that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
26.9 Deductions - In arriving at the amount due D/B under this section, there shall
be deducted:
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26.9.1 Any claim which City has against D/B under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by D/B or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of Agreement by D/B:
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
26.10.1.1 The Project has been suspended under the provisions
of Section 26.1 or 26.2, for more than ninety (90)
consecutive days through no fault or negligence of D/B,
and notice to resume Work or to terminate the
Agreement has not been received from City within this
time period; or,
26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms of this Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 10-day period City
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall t~ave no claims against
City except for those claims specifically enumerated in Section 26.9,
herein, and as determined in accordance with the requirements of
said Section.
Section 27: Independent Contractor
27.1 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 28: Independent Judgment
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28.1 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 29: Maintenance of Records and Accountin.q
29.1 D/B shall maintain, during the Project and for a period of three (3) years after
completion of the Project, accurate arid 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 30: Ownership of Documents
30.1 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 31: Force Maieure
31.1 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 31.2. If an Event of Force Majeure set forth in
section 31.2 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 31.2 shall be deemed excused for a period no
longer than the delay or failure in performance caused by such Event.
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31.2 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 orthe 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.
31.3 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.
31.4 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 32: Hazardous Materials
32.1 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 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 33: Disputes
33.1 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.
33.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 14. 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
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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.
33.3 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.
33.4 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.
Section 34: Notices
34.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by courier 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
Department of General Services
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To D/B:
Erickson-Hall Construction Co.
500 Corporate Drive
Escondido, CA 92029
Tel: (760) 796-7700
Fax: (760) 796-7750
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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 35: Miscellaneous Terms
35.1 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 any statement or representation of any other
Party not contained herein, or any representative, agent or attorney of any other
Party.
35.2 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.
35.3 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.
35.4 Drafting: 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.
35.5 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.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
J:\General Services\GS Administration\Design Build Agreements\FS No 6 DB Agmt Final.doc Page 45 of 47
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.
35.7 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.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
35.9 Authorization and CompliancP,: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 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 reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
35.11 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
odginal signatures, and facsimile copies hereof shall be deemed to constitute
duplicate original counterparts.
35.12 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.13 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 OHULA VISTA Erickson-Hall Construction Co.
Stephen Padilla, Mayor Michael Hall,
Chief Operating Officer
A']-I'EST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
J:\General Services\GS Administra§on\Design Build Agreements\FS No 6 DB Agmt Final.doc Page 47 of 47
GLOSSARY OF TERMS
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GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined
terms used in the Agreement and Supplementary Conditions. In the event of any conflict
between the following and the definitions set forth in the Agreement, those in the
Agreement and Supplementary Conditions shall take preference.
Additional Services. Services which the City has authorized the D/B to perform
and which are beyond the scope of work as set forth in the Agreement.
Additive Costs. Any cost above that which would normally be found in a
competitive bid situation.
Agreement. The Design/Build Agreement including all attachments between City
and D/B.
Certification of Completion. The document, by which D/B certifies that the Project
has been fully 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.
Certificate of Occupancy. The document issued by City authorizing occupancy of
the entire Project.
Certificate of Substantial Completion. The document issued by City after it
reasonably determines the Project has achieved Substantial Completion as defined in
Section 16 of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement pursuant to the terms of Sections 7 and 14.
City. City shall refer to the City Representative, Agent and/or City Inspection
Representative.
City Representative. Matt Little shall be the initial City Representative. The City
Manager will notify D/B in writing of the name of any successor City Representative and
D/B shall be entitled to rely upon the directions of the current City Representative until
receipt of said wdtten notice. The City Representative shall act on behalf of the City with
respect to this Agreement unless the Agreement provides otherwise. D/B shall not make
any modifications to the Project unless directed by the designated City representative.
Construction Documents. D/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
equipment, fixed furnishings and graphics, the technical specifications and all other
C:~ocuments and Settings\donnat~Local Settings\Temporary Internet FiIes\OLKD~FS No 6 Glossary of Terms.doc
technical drawings, schedules, diagrams and specifications, necessary to set forth in detail
the requirements for construction of the Project.
Contractor. Any person or entity with whom the D/B or City contracts or
subcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Council to
be paid to the D/B as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs.
'Contract Time. The time within which D/B has to complete all Work and services
under,the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Work. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on D/B.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
Detailed Construction Schedule. D/B prepared and City approved Detailed
Construction schedule for Phase I, Phase II and Phase III showing all major milestones,
bid dates for major bid packages, commencement of construction, sequence of
construction, completion of structural elements, completion of the exterior of the building,
which Shall conform with the dates of Substantial Completion and Final Completion of
Project. D/B will update the schedule as required by the Agreement.
D/B Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section 31 of this
Agreement.
Final Completion. The date on which the last of the following events occurs: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the
C:~Documents and Settings~onnat~Local Settings\Temporary lnternet FiIes\OLKD~FS No 6 Glossary of Terms.doc
.5)-
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
Certification of Completion duly verified by D/B.
Final Payment. Payment to D/B 35 days after date of Final Completion as set forth
in Section 15.
Fire Facility (Fire Station). Fully functional station, including the facilities and site
work required to provide fire service to the City of Chula Vista
Guaranteed Maximum Price (GMP). The guaranteed maximum price (herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in the Agreement for the complete design and construction of the entire Project
as specified.
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a
Contingency Fund; but specifically does not include: (1) costs associated with the design
and construction management services to be performed by D/B under this Agreement or
(2) costs incurred due to D/B's negligence or failure to perform according to the terms of
this Agreement, including, but not limited to, failure to adequately supervise the Project,
use of materials which do not comply with the Construction Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services under Phase IV of this Agreement.
Notice of Completion. City document issued after Chula Vista City Council
formally accepts the Project.
Onsite/Offsite. Refers to Project Site, unless otherwise indicated.
Party. The Parties to this Agreement, The City of Chula Vista ("City"), and Highland
Partnership, Inc., ("D/B").
Phase I. Phase I shall consist of all services and events described or implied in
Section 5 of the Agreement, including but not limited to preparation of schematic design
documents, and cost estimates.
Phase II. Phase II shall consist of all services and events described or implied in
Section 6 of the Agreement, including but not limited to the preparation of Design
Development Documents, outline specifications and cost estimates.
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Phase III. Phase III shall consist of all services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 100%
Construction Documents, Master Construction Schedule, preparation of GMP Finalized
Management and Implementation Plan and determination of need for and conducting of
additional subsurface investigation.
Phase IV (if applicable). Phase IV shall consist of all services and events
described or implied in Section 8 of the Agreement, including but not limited to conducting
competitive bidding for the Work, and the construction and completion of the Project.
Project. The design and construction of a completed and fully functional Police
Facility, parking structure, and on and off site improvements as more fully described on the
Police Department Master Plan.
Project Budget. The amount of money authorized by the Chula Vista City Council
to be expended on this Project, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Project Team. All participants involved with the project
Reimbursable Costs. Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 8 of the Agreement, the net premiums (less any
premium returns) for the insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which D/B is required to purchase and maintain pursuant
to Section 9 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 9 of the
Agreement.
Small Tools. Mobile items less than $1500 in total value.
Substantial Completion. The date on which (1) the progress of construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can occupy and utilize the entire facility for Police activities and (2)
all goods and services 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 to final testing, balancing and adjustments and a Final Completion punch list Work.
Work. All services, labor, materials, supplies, and equipment necessary for D/B,
Contractors and consultants to complete the Project.
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EXHIBIT LIST (I-IV)
Exhibit I RFP for Design Build Services for Fire Station No. 6
Attachments: A) Program Document
B) Sample Design/Build Contract and Glossary of
Terms
C) General Conditions Worksheet
Exhibit 2 Design Build Fee Structure
Exhibit 3 Identification of Design Build Team Members
J:\General Services\GS Administration\Design Build Agreements\FS No 6 DB Agmt Finakdoc
EXHIBIT 1
RFP for Design Build Services for Fire Station No. 6
Attachments: A) Program Document
B) Sample D/B Contract and Glossary of Terms
C) General Conditions Worksheet
J:\General Services\GS Administration\Design Build Agreements\FS No 6 DB Agrnt Final.doc I
CIIY OF
CHULA VISI'A
REQUEST FOR PROPOSAL
FOR
DESIGN/BUILD SERVICES
FOR
FIRE STATION NO. 6
RFP Issue Date:
Monday, July 28, 2003
Proposal Due Date & Time:
Monday, August 11, 2003 by 4:00 pm
City of Chula Vista
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Table of Contents
1.0 INTRODUCTION ............................................................................................................. 1
3.0 PROJECT DESCRIPTION ..................................................................... i .......................... 1
4.0 GENERAL OBLIGATIONS OF DBT .............................................................................. 1
5.0 SCOPE OF WORK ............................................................................................................ 4
5.1.1 Pre Construction Services - Phase I ............................................................................. 4
5.2.2 Construction Services - Phase II ................................................................................ 7
5.2.3: ,Operations/Startup Services - Phase III .................................................................. 8
6.0 INSURANCE REQUIREMENTS .................................................................................... 9
7.0 INSPECTION ................................................................................................................... 11
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
12.00I'VNERSHIP OF DOCUMENTS ................................................ 13
13.0 RFP REQUIREMENTS ................................................................................................... 13
13.3 General RFP Requirements: ...................................................................................... 13
13.4 Contents: ...................................................................................................................... 14
13.5 Experience and Technical Competence: ................................................................. 14
13.6 Proposed Method to Accomplish the Work: ......................................................... 14
13.7 , Knowledge and Understanding of Local "Environment": ................................... 15
13.8 Project Organization and Key Personnel: ............................................................... 15
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 Schedule of Rates and Fees ..................................................................... 16
13.14 Additional Information ........................................................................... 16
14.0 PUBLIC DISCLOSURE ................................................................................................... 17
15.0 PROPOSAL SCHEDULE ............................................................................................... 17
16.0 PROPOSAL SELECTION PROCESS .................................................................... 18
17.0 PROPOSAL EVALUATION CRITERIA ...................................................................... 18
18.0 CONTRACT TERMS AND CONDITIONS . 18
ATTACHMENT A- Program of Facility Requirements ................................................................... 21
ATTACHMENT B - Sample Design/Bkdld Contract and Glossary of Terms .......................................22
ATTACHMENT C - General Conditions Worksheet ....................................................................... 23
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 No. 6. The DBT shall consist mainly of a General Contractor and an
Architect. 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 designibuild 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 This RFP has been distributed to selected firms on the City's list of Design/Builders
certified on October 10, 2002. Award will be based on the DBT and the best value
proposal, including 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.
2.0 IMPORTANT DATES
2.1 Proposal Due Date: Monday, August 11, 2003 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
fire station (referred to hereafter as "Project"). The station shall include, but not be
limited to all components outlined and described in the attached document titled
"Fire Station #6 Program Document" (Attachment A). Fire Station No. 6 will be
located on Mt. Miguel Rd., south of H Street in the City of Chula Vista. For further
information, please refer to the Assessor Parcel Map (595-57-001) and the approved
Final Map (Map No. 013440, Lot 1), both of which can be obtained at the
Engineering Counter at 276 Fourth Avenue.
4.0 GENERAL OBLIGATIONS OF DBT
4.1 The services to be provided by DBT are generally to be performed in three "Phases",
Pre~construction Services, Construction Services, 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 will be set at 90% construction documents
and shall include all 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 DBT
Fixed Fee which includes fees and expenses of any type associated with
· completing the Project. Any costs incurred by DBT in excess of said GMP
shall be the sole responsibility of the DBT, except for change orders approved
by the City in accordance with the DBT 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, and in such a manner that the GMP or Contract Time
of the Project shall not be exceeded, but if DBT 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, for approval or denial, 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
architects, engineers and other professionals. DBT shall not be permitted to
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.
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, hut 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
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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 the 2000 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 reimburse
cost of permits. DBT shall be responsible for obtaining and paying for all
minor permits normally obtained by the trades or subcontractors.
K. Conform project design to the requirements of the Americans With Disabilities
Act Accessibility Guidelines ("ADA_AG") 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 DBT 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
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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 fi.om 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:
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, approved mater plans, 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 construction 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: architectural, civil, structural, landscape architectural,
mechanical, electrical, and specialty consulting areas.
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3. Evaluate alternative structural and construction approaches for all
facilities to ensure economical designs that optimize constructability 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
'' yh do ri 1 g q ir fNFPA C I OSHA
. an azar us mate asmana ementre u ementso , a-
. 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.
a) Prepare Construction Cost Estimates and Project Budgets based on
Schematic Design. Prepare revised Cost Estimates during Design
Development and Construction Documents and Bidding phases at
. intervals specified in the Design Build Agreement. Develop Project
, ,i cost model inclusive of detailed Quantity Surveys and Cost Estimates.
' b) Perform three-value engineering reviews to reduce cost and/or add
value, utilizing all team members and City resources. Include
recommendations to maximize energy efficiency and build a "green"
or low-pollution project. Prepare a Value Engineering Report of all
considerations, recommendations and decisions. The goal is to
maximize the quality of construction at a cost equal to or below the
Project Budget.
. :. c) 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.
d) Establish a Critical Path Method (CPM) Construction Schedule.
Monitor, update and report to keep the project on schedule.
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e) Establish abidding strategy. Identify, contract, and procure long lead
items. Create early bid packages where applicable.
f) 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.
g) 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 of bids 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.
h) Assemble a constructability review team with City participation at the
50 percent design completion stage. Incorporate results of the team's
review into the design.
i) Provide construction cost control estimates during the design to
support VE and constmctability reviews. Revise these cost control
estimates once accepted VE recommendations and other review
comments have been incorporated.
J) Identify all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees will be
borne by the City.
k) Prepare draft Operations Manual Index to serve as the basis for
preparing the final Operations Manual during the construction phase.
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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 review
the status of the project.
2. Ensure the workmanship and materials provided are in accordance
with the Project Specifications and the Architects 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 comanent.
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) enfomement of the plans and specifications.
8. Submit the proposed QA/QC 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
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activities. Use Microsoft Project scheduling software consistent
with the City reporting system.
10. Develop a project-specific Plan for defining, tracking and reporang
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 manner 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 workers 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 personnel.
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 Cityin
a manner 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.
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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, unless otherwise
specified, and that the Project will be of good quality, free 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 11-month walk through of the
Project to review guarantee/warranty items. DBT to coordinate all
corrective work with the responsible parties and the City] The DBT shall
report to the City all gnarantee/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
The Design Builder (DB) 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 DB, his agents, representatives, employees or
sub-consultants. All sub-consultants shall be required to comply with the applicable insurance
provisions. The maintenance of proper coverage is a materials element of the DB 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.
6.1 Minimum Insurance Requirements
6.1.1 The firm selected to perform the work described herein will be required to provide
evidence of:
6.1.1.1 Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with combined single limits of not less than $1,000,000 per occurrence per
project. Policy to include endorsement naming City of Chula Vista, its
officers, officials, employees and volunteers as Additional Insured against
all liability of the DB, its subcontractors, and its authorized
representatives, arising out of, or in connection with, the performance of
work under the contract with the City. Policy is to be endorsed to state it
is Primary to any other insurance available to the City of Chula Vista and
that insurer will provide THIRTY (30) days written notice to the City
Clerk of the City of Chula Vista of cancellation or material change.
6.1.1.2 Commercial Automobile Liability Insurance, ISO CA 0001 form, Any
Auto code, with a combined single limit of not less than $I,000,000,
covering bodily injury and property damage for owned, non-owned and
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g-7Z
hired automobiles, .and name the City, its officers, officials, employees and
volunteers as additional insured's.
6.1.1.3 Workers' Compensation and mployer s L~abd~ty ~nsurance, for all
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1,000,000, each accident
Bodily Injury by Disease $1,000,000, Bodily Injury by Disease
$1,000,000. A Waiver of Subrogation shall be endorsed to the policy
naming the City of Chula Vista.
.6.1.1.4 Professional Liability insurance shall be required of said firm for
professional liability or errors and omissions insurance with a per claim
limit of not less than $2,000,000 for services performed by the Design
contractors and any subcontractors performing design services. The policy
shall contain an extended reporting period of not less than 2 years.
6.1.1.5 Builder's Risk Property Insurance will be provided by the DB. The DB
will add the City, its officials, officers, employees and volunteers as Loss
Payee. The insurance shall waive any right of recovery under subrogation
for those insured under this policy. The limit is to reflect full replacement
cost of hard cost construction values. Perils are to be all risk excluding
Earthquake and Flood. Perils are to include any transportation risk but is
to exclude any equipment, machinery, tools, or property of similar nature,
owned, rented or used by DB or contractors.
6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance
satisfactory to the City. All such certificates will contain at least the
following provisions:
6.1.1.6.1 Thirty (30) days written notice to the City prior to any
cancellation, non-renewal or materials reduction in coverage.
6.1.1.6.2 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
certificate.
6.1.1.6.3 Throughout the life of the Agreement, each and every contractor
of any tier shall pay for and maintain in full force and effect, with
an insurer authorized by the California Insurance Commissioner
to do business in the State of California, the policies evidenced
herein.
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Any insurance provided for the City, DB or subcontractors for this project shall be written through an
insurer admitted in the State of California with an AM 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.
7.0 INSPECTION
7.1 City shall be responsible for 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.
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 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.
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.
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9.3 The DBT shall provide City ?ith a Certificate of Completion, certifying to City under
penalty of perjary that the Project has been completed in accordance with the
Construction Documents, all applicable building codes and regulations, all pemaits,
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 all
components of the Project and there exact locations
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.
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 thc Construction Documents and will not be defective. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
directed by City. DBT shall not bc 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
11.1 The DBT shall maintain, during the Project implementation time and for a period of
three (3) years afier completion of the Project, accurate and organized records o fall
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 Pmject to audit and
copy all such records.
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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 bc thc
sole and exclusive property of City. No such materials or properties produced in
whole or in part for tiffs project shall be subject to private use, copyrights or patent
rig~. ts 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 for this project.
13.0 RFP REQUIREMENTS
13.1 All DBTs arc 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").
Eight (8) copies of the proposal shall be delivered no later than 4:00 P.M. on
Monday, August 11, 2003, to:
City of Chula Vista
Attn: Matt Little
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
13.2 Please note that fa,xed 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 fi-om only qualified and experienced
DBTs who demonstrate significant knowledge of design engineering and
construction management, and experience and successful performance on
public sector fire 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, fi-ont and
back cover, cover letter, etc. Type size and margins for text pages should be in
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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 that highlights DBT approach and
DBT's commitment to meet or exceed the City's objectives and insure a
successful project built on time and on schedule.
3. Identification of each DBT member:
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.
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 employees in San Diego County.
n 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's Project Manager, phone numbers, project type and total value of
completed construction. Projects currently in process may be submitted for
consideration. Identify any 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.
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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 of key personnel. 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 duratlon of project (through building
occupation) and furnish resumes of key personnel. Provide indication of
staffing level for the project.
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.
13.9 Financial Arrangements for DBT Members:
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 pementage 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:
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:
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:
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:
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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 prcconstruction services. Services for this period
shall include but not limited to cost estimating, constructability review,
site surveys, subcontractor bidding, submittal review and procurement of
long Icad items. The City views the DBT's input and leadership during
this period as an important component of the project.
B. Project General Conditions: Provide a spreadsheet (see example Appendix C)
that completely outlines the projects general conditions, including quantities,
units, unit costs and totals. Provide billing rates for all proposed team
members. All design cost shall be included under Pre-Construction cost noted
as item A above.
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 thc cost of work. This rate would
apply to each major phase of the project as it is released and subsequently bid
to subcontractors. '~ ?~ ~l/.~l C~.){O. ~6' ~ho
D. Preliminary Cost Estimate: Based on the attached mas,c,r$tan please provide a
comprehensive cost estimate that takes into account all design and construction
costs. Clearly note all assumptions that were used to create the estimate and
areas of concern. The proposed project has a preliminary hard construction
budget of $1,500,000.
E. 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.
F.Provide Payment and Performance Bond Rates.
G. Provide description of your company's safety policy and how it would be
implemented on this job.
H. Provide Preliminary Design & Construction Schedule. This schedule should
reflect major design and construction activities as well as maintenance periods
for landscaping. The City anticipates this project be completed and all facilities
open to the public no later than August 2004.
13.14 Additional Information:
A. 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).
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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
! 4.1. 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. 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 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
Govermnent 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 28, 2002
Submittal of Proposals Deadline - Monday, August 11, 2003 by 4:00 pm
· Preliminary DBT Selection - late August 2003
· Approval of Design/Build Agreement - September 2003
17
16.0 PROPOSAL SELECTION PROCESS
16.1 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.
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;
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.
18.0 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 right 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 of this project 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.
18
18.3 All 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 fight to
modify the insurance limits or to substitute project insurance during contract
negotiations.
The City looks forward to receiving a proposal from your finn. If you have any questions regarding
this RFP, please contact:
Mr. Matt Little, Senior Civil Engineer
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Phone: (619) 397-6088
Fax: (619) 397~6250
Email: Mlittle~ci.chula-vista.ca.us
Attachments:
Attachment A: Program Document
Attachment B: Sample Design/Build Contract and Glossary of Terms
Attachment C: Example ora General Conditions Worksheet
19
Attachment A:
Program Document
21
CI1Y OF
CHULA VISTA
CHULA VIS TA
FIRE DEPA R TMENT
FIRE STATION #6
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 10
6.0 SPECIALIZED AREAS/ROOM ................................................... 13
7.0 LIVING AREAS ......................................................................................... 15
8.0 SLEEPING AREAS
9.0 BATHROOMS
10.0 EXERCISE / PHYSICAL CONDITIONING AREA ............... 21
11.0 STORAGE ROOMS
12.0 PATIO
13.0 STAND-BY GENERATOR_ ................................................ 22
14.0 GENERAL PLUMBING ...................................................... 23
15.0 GENERAL ELECTRICAL ....................................................... 23
16.0 TRASH ENCLOSURE
............................................................. 4
17.0 ATTACHMENTS
................................................................ 24
18.0 FIRE STATION #3 LOCKER PLAN .................................... 25
19.0 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 mn-off from station activities shall be properly routed to meet all county and city
pollution criteria.
1.0 GENERAL INFORMATION
Fire Station 6 will consist of a minimum of 5,000 square foot Fire Station with living quarters
for six personnel, two (2) apparatus bays to accommodate an engine company and a medic
company on a .91 acre site with additional space for hose storage and hose maintenance
operations. This fire station shall have drive-thru capabilities to both apparatus bays.
l. 1 Site Area:
a. Fire station shall be situated on an approximate .91 acre pad with a 1.37 acre lot.
b. Fire station shall accommodate space for reserve apparatus and hose maintenance
operations.
1.2 Station Area:
a. Fire station shall be a minimum of 5,000 square feet.
b. Fire station shall accommodate a minimum of a three (3) person engine company
and a two (2) person medic company.
1.3 Crew Size:
a. The fire station shall accommodate a crew of six (6) personnel.
1.4 Fire Apparatus Vehicles:
a. The following fire apparatus/vehicles will be typically assigned to the fire station:
1) Two (2) triple combination pumpers.
Length: 30 feet
Width: 10 feet
1
Turning Radius: 52.0 feet (outside~'
Weight: 40,000 pounds
1.5 Fumiture
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. AIl interior and exterior doors shall be set in metal flames.
:~,. :.~ 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. All 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 #1 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
Site access to rear area parking to accommodate 94' taming radius.
2
a. Restrooms, kitchen, storage rooms, 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.
fi All 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 Floor coverings
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. Yam weight
and 77 oz, total carpet weight.
c. The kitchen, restrooms, dining area, and other heavy traffic areas shall be porcelain
ceramic tile or terrazzo 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 Window coverings
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.
3
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
a. 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 #7 with 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
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.
4
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-5e rated components. Each CAT-5e cable
will terminate in the communication equipment room on a rack mounted 48-port
CAT-5e 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 the 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. Hose bibs shall be provided at each of the following: apparatus room, patio, each
coruer of the building, as needed at 75' intervals, the trash enclosure, and next to
the hose-drying ramp. Hose bibs shall not require a special key to operate or
access.
b. Provide a 1 1/2" supply line off the sprinkler supply with a 2 1/2" outlet with
National Standard Pipe tread, controlled with a bronze ball valve, located in the
rear driveway/apparatus bay entrance area on a flat surface. This area should be a
level.
c. Provide all tie ins to all laterals, i.e. sewer, water, etc.
d. Provide truck wash area. Truck wash area and hose wash rack shall be provided
with drains that properly route all runoff as to meet all county and city pollution
criteria.
e. Testing & Inspection shall be at the cost of the City and all re-inspections shall be
at the cost of the contractor
fi Provide and implement a SWPPP.
g. Grading shall be +/- .10 foot.
3.2 Fences & Gates
a. The facility will have security parking for personnel assigned to the station, and an
electrically operated rolling gate at a minimum of 6' above grade.
5
b. The security fence will be designed to provide security for City and personal
property inside and outside of thc building.
c. All rolling gates will be electrically operated with keypad and remote capability
(linear brand remote) and have a metal guidance track (consider recessed) mounted
in concrete that will guide the gate to its predetermined closure point during every
operation.
d. Exiting the parking area, the gate shall be activated by a ground-loop system
installed in the concrete.
e. Key pad shall be activated by City Standard Card-keys.
3.3 Concrete & Masonry
a. Approaches and driveways shall not exceed 4% grade
b. Provide a hose drying ramp 6' x 50' sloped at 1/4" per foot. The ramp shall be
surrounded on all sides with a minimum 3' walk.
c. A private park!ng area shall accommodate, as space allows, 2 (two) parking spaces
per person assigned to the station, approximately 10 spaces.
d. An unsecured visitor parking area shall be provided for two visitor spaces, and at
least one AD~A compliant space.
e. Provide adequate signage for all parking areas and building entrances.
f. All outside paved areas shall be a minimum of 6 inches, 3600 psi concrete, with
steel at 12" on center, designed to accommodate heavy equipment. All concrete
shall have positive slope for drainage, catch basins if required. (See water
regulation requirements).
g. Provide concrete wheel stops at all parking spaces.
h. Provide adequate drainage for no ponding.
i. No asphalt surface will be allowed.
j. CMU shall be split faced or other architecturally approved wall. To be approved
by the City.
3.4 Roofing
a. Flat roof surfaces shall be minimized. If necessary, any tim-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 finishes. Gutters shall be designed,
6
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 #1 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 frames.
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 from 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, gym (if necessary) 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. Doorbell shall be tied 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
a. The fire station sign should be approved by the Fire Department. The sign should
read "CHULA VISTA FIRE DEPARTMENT, STATION NO. 6". Letter size shall
match station #7. 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 from 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.
7
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. Provide and install a Dedication Plaque similar to fire station 7.
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 surrounding
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 area, apparatus wash area and hose ramp area. These fixtures will be controlled
by photocell with individual switching ability.
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 planning documents for Rolling Hills Ranch.
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.
8
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 ~ ...i The planting palette shall provide a low maintenance, low water use design, with an
automatic ircigation system. The planting design shall include the use of a variety of
different plant material and forms including groundcover, shrubs 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 ban'ier 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.
4.91 The automatic irrigation system shall comprise approved in'igation 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 amounts of water to meet the water demand
".: "of the plant material specified such that healthy plant growth can be achieved without
:.,:i;:... surplus irrigation or mn off from 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.
4.1,2.I ,,:.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
4.14i,'' All turf areas shall be minimized, but if used shall be laid out to provide for easy and
efficient mowing and maintenance in combination with other 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.
9
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.
5.1 The apparatus room of approximately 2,000 square feet shall have drive-through stalls
and shall provide two (2) bays as required by assigned quantity and size of apparatus
and will be defined in design development. Apparatus room should' be approximately
50 feet in length and 40 feet in width. Each bay should be approximately 19 feet in
width.
a. The apparatus area shall be capable of housing 2 vehicles including any
combination of the following:
1) Two (2) triple combination pumpers (1 for front line, 1 reserve)
2) One (1) Aerial ladder track (1 reserve)
3) One (1) Medic Ambulance
4) One (1) Utility Vehicle
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.
e. Provide on (1) 3-plex jack at run ticket printer area.
f. Provide a power outlet at the nm ticket printer 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 roll-up-type, electrically operated.
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 front and rear, and on the exterior of the rear door.
10
f. 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 department 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, front 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.
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
11
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, and provide operating switch next to the map.
c. One (1) 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 Plymo-vent with City approval.
5.7 Contractor to provide pre-plumbed air outlets fi.om the air compressor area to the from
and rear wails 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 department 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 (with ratchet lock system) 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 mbber coated lid, HBL17CM85, 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 eledtrical outlets along all walls spaced at minimum 12' intervals, on wall
between apparatus doors, and on any stem walls.
d. Provide one (1) 3-plexjack at run ticket printer area.
e. Provide a power outlet at this location.
6.0 SPECIALIZED ROOMS/AREAS (WASH ROOM, WORK ROOM, ELECTRICAL'
ROOM, MECHANICAL ROOM, LOCKER ROOM, WEIGHT ROOM, AND
COMMUNICATION ROOMS)
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6.1 A washroom of approximately 130 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 commercial 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, 1 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.
fi 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 cimulation 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 Communications Equipment Room
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.
13
b. The mom shall be air-conditioned.
c. The walls shall be covered with painted 3/4" plywood, good one side, beginning
offthe floor and extending to
d. The contractor will also provide a mounting area for communication equipment.
e. Provide conduit, pull boxes, and pull cords to all rooms requiring communication
connections, including phones, cable TV, paging, station alerting and computer
equipment.
f. Provide four (4) cimuits in communication room in double duplex boxes. Each
cimuit shall be on emergency power.
g. Provide a two-inch conduit between the communication room 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.
j. Conduit from 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 #6 solid or #4 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 Attachment 18.3 Phone Chart.
6.6 Storage Room / Hose Storage Areafrumout Drying Rack:
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 of six (6) shall be 21.
b. The lockers shall be built into the walls. (See attached drawing.)
14
c. The turnout room of approximately 210 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
7.2 CAPTAIN OFFICES: one (1), with a minimum of 144 square feet each, and each to
~ provide for:
.: a. Two (2) City Standard Work Stations with swivel chairs.
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").
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 two (2) 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) City Standard work stations with swivel chairs.
~ b. Counter space for a computer, printer.
c. A space for one (1) lateral file cabinet, to be provided by the Fire Department.
d. Provide electrical 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, two (2) for computers.
7.6:: MAIN ENTRY DOOR:
,. a. The main entry door and entry area shall be located next to the offices and near the
,.i ADA bathroom.
b. There shall be a wall-mounted bronze dedication plaque similar to Fire Station No.
3. See allowances.
7.7 DAY ROOM:
a. The day room of approximately 400 square feet shall be large enough to house the
number of crew (6) assigned to the station in large chairs
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
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a. The kitchen and dining rooms may be designed together or considered separate.
The dining and kitchen areas combined shall be a minimum of 400 square feet. If
the two are to be open to each other sufficient wall space will be considered to
allow adequate cabinets for storage.
b. Provide table area capable of seating eight (8) 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 receptacle and recyclables in kitchen/dining area similar to
Station 7.
e. Towel dispenser shall be mounted in a convenient area closest to each sink
compatible with city standards.
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) Allcabinetsover 18" decp 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 under mount #4
finish, 14-gauge bottom coated. Dimensions: 34" total width, each sink 17" x
14" x 10" depth; sink to have a one (1) 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.
16
1
12) Cabinet shelf for microwave built into upper cabinets. Provide two (2) open
upper cabinet space (shelves) and electhcal outlets for two (2) 1.5 cubic foot
microwave ovens.
h. Wall and Floor Surfaces
1) Walls shall be covered with a maintenance flee wall covering 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. Refrigerators:
I) Provide space, water supply, electrical outlets and ventilation for three (3)
Energy Star Model, refrigerators to accommodate six (6) people on three (3)
shifts similar to Station 7.
2) Refrigerators to be approved by the City.
j. Gas Range and Oven:
1) Provide a 36" wide Viking heavy-duty gas range with convention oven.
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 36" range shall be provided.
2) Range hood shall include 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.
3) Provide one (1) 3-plex jack for each room as approved by Fire Department.
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 All 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. Lockem shall meet standard Chula Vista Fire Department personnel locker
specifications similar to Station #7 (see attached drawing attachment). Locker
towel rack and shelf height to be approved by the City.
17
c. Provide an inset key lock similar to Fire Station No. 7. Each locker is to be keyed
and marked from 601 to 624. A master key is to be provided to the City.
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 jack for each room.
9.0 BATHROOMS
9.1 Bathrooms of approximately 100 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 solid 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 el)oxy ~ronted.
e. Provide one (1) inset tiled area (approximately 14" x 14").
f. Showerhead plumbing shall be 6' 4" high on wall.
9.6 Lavatory Sinks:
a. To be mounted on 37 1/2" cabinets, solid surface (Corian type) counter tops with
builMn solid surface sinks.
b. Mirror will be constructed with a stainless steel frame, as Bobrick B290, call out
varies with size, minimum 2' x 2'.
18
c. Install 24" stainless steel towel bar.
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
depamnent.
9.8 Towel Dispenser:
a. Towel dispenser shall be mounted 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 / PHYSICAL CONDITIONING AREA
10.1 An exercise room or physical conditioning area shall be provided in the fire station.
10.2 Exercise room shall be a minimum of 400 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
gym flooring. Flooring to extend up wall a minimum of 2 feet.
10.7 Flooring to be approved by the City.
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.
10.11 Ceiling to be a minimum of 9 feet flat or vaulted.
10.12 Provide television mounting bracket along with stereo receiver and two (2) ceiling
mounted speakers.
11.0 STORAGE ROOMS
11.1 Provide as many rooms 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
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 (Basis Of Need To Be Determined By Fire Department)
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 from 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 from 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.
20
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.
15.0 GENERAL PLUMBING
15.i~ 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 fi'ont 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.
i5~4 .: Plumbing walls should have 2" x 6" studs.
15.5 All hot water pipes are to be insulated. Hot water should have circulation system with
timer control for continuous hot water.
15.6 ~i' 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 GENERA/ELECTRICAL
16.1 Switches, panels and breakers shall only be Square D.
16.2 I] 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 rings.
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.
21
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.
16.14 AIl 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 TRASH ENCLOSURE
17.1 Adequate enclosed space shall be provided for trash, recycle material and garbage
containers 8' x 5' x 6' high minimum.
a.' Provide a hose bib at trash enclosure.
b. Provide a power outlet at this location.
18.0 ATTACHMENTS
18.1 Dormitory Locker Design (Similar to CVFD Station g4)
18.2 Safety Clothing locker specifications.
18.3 Phone Chart
22
Fire Station #3 Locker Plan
Top 4" Panel
All measurements
1' High are intedor measurements
2' 5 l/4"VVidth
1' 8" Deep
Clothes Bar
Adjustable
Shelf
Mirror
1'x2' 2"
Adjustable
Shelf
1'21/4" I 1/4" x 4" x 16"
Wide Shelf
Adjustable
Shelf I I
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
23
Safety Clothing Locker Drawing
All 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
HAADMIN~uilding and Park Conslruction~Fire Station #7\CVFD Program.rnfr. doc
24
Attachment B:
Sample Design/Build Contract
and Glossary of Terms
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, referring the page and paragraph
number. The Section regarding Insurance requirements (and indemnification) is the City's standard
insurance and indemnification policy and is not open for negotiation.
22
DESIGN/BUILD AGREEMENT
: This Agreement is made and entered into this [Click here and type date], by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and (Design
Builder) ("Design Builder or D/B"). City and D/B are sometimes hereinafter referred to as
Parties ("Parties~').
, he projectl;~jf~lc I~ ~ tTrp¢ ~e~e], 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 [Click here a~d type project nameJ located in the
[Click here and type location] area of the City; and
WHEREAS, on [Click here a]~d type date] the Council approved a resolution
establishing a Design-Build Priority List to be used in awarding Design-Build contracts for
futureCity projects and
,
WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on
[Click here and type date] the City invited [Click here md type #] Design-Build firms off the
Priority List to interview, and
WHEREAS, all [Click here a~]d type #] respondents were interviewed and based upon
the 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 RFQ for
Construction Managers/Construction Services (Exhibit 6), D/B shall design and
. construct for the City: a completed and fully functional
[Click here az]d type description] as outlined in the [Click here az~d type description]
(Exhibit 1 ), (referred to hereafter as "Project"). The [Click here a~d type description]
shall include, but not be limited to all components outlined and described in the
attached document entitled [Click here a~d type descfiptioz~] (Exhibit 1 ). The Project is
located on the [Click here and type address description] in Chula Vista.
J:\General Services\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 1 of 47
Z-III
1.2 The services to be provided by D/B are generally to be performed in four
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement. The services provided bythe D/B shall include, but notbe limited to, all
services outlined and described in Exhibit 4, titled "Design/Build Services".
1.3 The D/B shall:
1.3.1 Perform ali, se;rvi ~ces wo~ a~d ob iaat ons as described her '
,, ~, ,,,. ~. .-~r..~, :.. ~-,- eln for
the Gua:~.~t%~ I~~r~ce l~J~p), wh ch shall include D '
S ' "~ '~ ~' i'~, , ~ ,.. !- esgn
erv, ce~ ~ffryr~l l~Con(¢,t[c~J~ ecessa~ to rovide a full
com I ~' ' '~ '~- '~' ~ ~ P Y
p et~ ~n~a Pr~D/B shall pe~o~ all Design
Se~ices and General Conditions for the not to exceed amount of
[Click ~ere a~d $$] (Exhibits 3 & 5). At 90% complete construction
documents a GMP will be established pursuant to Section 13 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
[Click here a~d t~e project description] in accordance with all
applicable rules, regulations, and laws. The D/B fee shall be
[Clic~ here ~d %] of hard construction costs and the bond cost shall
be [C~ick here a~d %] of hard construction costs. Anycosts 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 9 and 14 of this agreement. All funds remaining in the
GMP at the completion of the project shall belong to the City.
1.3.2 Substantial Completion: [Ctic~ here and date].
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 fu~her mean that
all goods, se~ices 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 onlyto
final testing, balancing and adjustments and normal Final
Completion punch list Work.
1.3.3 Achieve "Final Completion" (as defined in ~16.2) as established in
the Project Schedule (Exhibit 2).
Section 2: General Obliqafions of City
2.1 City shall be obligated as follows:
J:\General Services~BPC AdministraUon\Design Build Agreements\Master II DB Agreement,doc Page 2 of 47
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
orderly progress of D/B's services per the Project Schedule attached
as Exhibit2 <. ,
2.1.3 Pay for~an'n'n'n'n'n'n'n'n'~l,~s~,~ b~ cornpJ~t~(J all necessary env~ronmenta
studies ~'~%l~fh eTT~ron~i~approvals and/or permits with
reasonable promptness to avoid delay to the arderly progress of
D/B's performance per the Project Schedule attached as Exhibit 2;
2.1.4 At the request of D/B, Oity will use its best efforts to pravide 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. Citydoes nat Warranty
to D/B the accuracy or completeness of any such information.
2.1.5 Oooperate 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 Oity reasonably
determines the Project has achieved Substantial Oompletion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when Oity reasonably determines the
Project has achieved Final Oompletion as defined in Section 16.2.
2.2 Oity Review Process. Oity shall review Design Development Drawings
(DDD's), 50% Oonstruction Drawings (CD's), 70% OD's and 90% OD's which shall
allow construction of Project in conformity with the Approved Master Plan for the
Project. For each D/B submission, Oity shall have twenty (20) working days to
review, approve, conditionally approve or deny.
Section 3: General Obliqations of D/R
J:\General Services\BPC Administration\Design Build Agreements\Master ti DB Agreement.doc Page 3 of 47
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
in Section 3.3 that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.1.2 Design aQd qons~truc,t. ~he P~roj ct on time consst
r~ ~, .~ ~-.~--.~ ~ ~.~.~ , ' ent with time
frames ~e~t. fo~ ~,\tt~ I~roJ~.', t S~h~lu e, Exh bt 2, and in such a
manner ~I~E'i o~'~o.~tr§~-¥,ifne of the Project shall not be
exceede~ if~D~E~ ~;~on<a~f~/l~tieves that any action, inaction,
decision or direction 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 cost 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
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
J:\General Services\BPC Administra~on\Design Build Agreements\Master II DB Agreement,doc Page 4 of 47
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 ~o 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
interpreta~igns.,~by gov~r.n..m_~en~l 9~.c~ials ("Code Authodty") are often
subject '~ ~h~¥~,,a~r~l~e, ~e~ after ssuance of a building
perm,t, t~'~i t~,jda~ of ~h,~sii~.clreement, modifications to the
roject '~'~re~¥ed bi~c~'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 14. 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
7.1.18 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").
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3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) DDD (2) 50% CD's (3) 70%
CD's and (4) 90% CD's. 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 imp~ op~era, tion~o.f~be P~roject, Provide cost estimates to th
City at I~'D'~,~iiS0~ ~b~';~/o ~?~ and 90% CD's Provde fin~
· '" .' '~ i'~ ~ii J[~.' ii ~ '
cost esti~t~.{p ~,¢,?~. pie,, ~c~. i~ C,ty with Final Construction
Documeh~:-' ~ ~ '-'~
3.1.14 Review soils and geotechnical mpo~s relating to the Project Site;
and determine and advise City if any fu~her subsudace
investigations am warranted. If such fuNher investigations am
authorized by City, D/B shall pedorm said investigations. The costs
of said investigations am Reimbumable Costs to be paid by the City
without markup, pumuant to Section 13.
3.1.15 Be fully responsible for all additive costs, damages, and liabilities
resulting from ermm or omissions beyond the standard of cam
defined in Section 3.3 by D/B or D/B's agents, employees, design
consultants and contmctom; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP.
3.1.16 Seek and obtain wriEen approval from the Ci~ of the drawings for
each of the following phases: (1) schematic; (2) design development
and (3) construction drawings. Said approval shall be evidenced by
wriEen notice to proceed with the subsequent phase.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
pefiorming the se~ices and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsudace site conditions
3.2.1.1 City assumes risks for unanticipated subsufiace site
conditions provided D/B notifies City in writing within five (5)
calendar days of discove~ if D/B believes it has uncovered
or revealed a condition which:
3.2.1.1.1 diffem materially from that indicated in the soils
and geotechnical mpo~s furnished by City, or
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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
~li..~er, requirinc~ a ~h~a~nge in,the Work Ci shall commence
!~ P,~ce~si!~?~, (~han~lg~rder pursuant to Sect on 14 If
,. .. C~y~erh~dq,~-I~e,~ ~,~,~(~.bona fide Work so~e chan.~,~
!',':: "~12/i~ ~i~(~'~'llar~J~-~',~h does not impa GMP r
' 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 3.1.14.
.'.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
in.clude their qualifications and their function, for approval by the City
. . pnor 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 dght 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, Landscape Architect, and Project Architect
throughout all phases of the Project hereunder, the individual project
manager, landscape architect and project architect shall be as
reflected in Exhibit 4. 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
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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 Matedal Default.
3.3.3 City Right to Remove Project Manager, Landscape Architect and
Project Architect. Notwithstanding the foregoing provisions of Section
3.3 if the I.l~dividual~ Prc!i~ect Manager, Landscape Arch tect or Project
Arch tect,'~.or g~d t~ad~j p.~oves h f to be satisfacto to t '
· '-~ ~ ~ ~,~ i-~ ~. ~ ~ heC~ty,
upon wn~ ~j~e City ~he General Contractor, such
person o~rSo~ ~halF b~ p~replaced by a person who is
acceptable to the City in accordance with the procedures set foAh
below.
3.3.4 Replacement Selection of Project Manager, Landscape Architect,
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
discove~ by the Design Build Team that any Individual Project
Manager, Landscape Architect or Project Architect is leaving the
employ of the General Contractor or Archite~, as the case may be,
the replacemen~substitution (together with such person's resume and
other information regarding such person's experience and
qualifications) for approval by City. The replacemen~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 Ci~ Representative is the only pe~on
with authority to approve additions or modifications to Project. Any costs or delays
resulting from or associated with additions or modifications implemented without the
wri~en authorization of City Representative shall be borne exclusively by D/B and
not be grounds for an increase in GM P or Contract Time unless necessa~ to protect
public health, safety or properly.
3.6 D/B team is to provide progress photographs taken at regular inte~als
throughout the Project. Photographic documentation shall depict an ove~iew of
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmi~ed to the City monthly. The costs are
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Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
Section 4: Work Restriction and Biddinq Requirement
4.1 DIS shall determ~'~ h(~ b~t~0 ~l~'~.~ge ~_o~ons of the work for purposes of
bidding. D/B shall be ,r~, ~{bi~i,~f~i ~e~iiv~l~)jdding all construction work to
others and for entering in't~5 ~-tJ"- b~dht~ in D/B"~-o~n name, with the b'dder who Tn
D/B's discretion best meets the monetary, time, and performance requirement of the
Project. D/B is required to submit a summary of bid results for each bid package.
D/B shall be responsible for ensuring that these contracts fully comply with all
applicable local, state and federal laws, some but not all of which are listed below.
4.2 D/B shall hear and decide bid pretests and shall develop and maintain bid
protest procedures for that purpose. City shall be timely informed of all bid protests
(prior to resolution) and the outcome of said protests
Section 5: D/B's Phase I Services and Obliqations - Desiqn Development
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Continue to develop and refine project requirements and review such
requirements with the City.
5.1.2 Prepare complete DDD's such that the DDD include, without
limitation, the following:
5.1.2.1 Site plan with pertinent notes and dimensions indicating
property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; basketball courts, multi-use sports field,
softball field, informal skate area, play areas, shelters,
landscape and site elements.
5.1.2.2 Floor plans including graphically demonstrating interior and
exterior walls and fenestration with notes, dimensions and
gddlines; room names, structural bay spacing with grids,
cdtical dimensions and area calculations;
5.1.2.3 Roof plans including detailed notes, dimensions,
mechanical equipment locations, define material for
J:\General Services\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 9 of 47
mechanical screens, skylights and roof access, roof
materials, roof drainage and establish window washing
concept;
5.1.2.4 Building sections including vertical dimensions, floor
assembly thickness showing known structural elements,
notes and dimensions.
5.1.2.5 ~(l~..~e~r ~le~a!(o_~iS' incl;u~ng mater'a references and
· ~ent~,\vsible r~of tepal~ents; existina and new line o
i:Jf"a~e;~'f~l~¢~f(~'of fl~'6Cs~th leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.1.2.6 Wall sections including all wall sections, dimensions,
horizontal element offsets, and guide to exterior face of
wall; dimensions, vertical floor to floor, floor to window head
and sill and floor to ceiling; structural elements and
assemblies; interior and exterior wall finishes; and wall and
roof assembly;
5.1.2.7 Outline specifications, written description of
[Click here and type project description] and components
including site work.
5.1.2.8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
5.1.2.9 Delivery of 3D rendered images, color and material boards,
reflected ceiling plans, and special system or equipment
plans.
5.2 Prepare and submit to City detailed cost estimates with DDD.
5.3 Submit completed DDD to City. Obtain comments from City and make
revisions to DDD as required. Obtain written approval or conditional approval from
City to proceed to Phase II Services. If conditional approval granted, D/B shall
address all City comments or issues in the next set of drawings developed. City
retains the right to withhold approval and require resubmittal of the DDD. Any delay
or additional costs resulting from the re-submittal shall be borne exclusively by D/B
and not be grounds for an increase in the GMP or Contract Time.
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Section 6: Design Phase Services and Obligations- Construction Documents
Phase II
6.1 D/B's services in Phase II shall include but are not limited to the following:
6.1.1 D/B shall continue to develop and refine project requirements and
review s~cmt] r~ui~ements-.~i~th
6.1.2 D/B sh ! 4 .6 khi. anc ude, without ,mUtation, the
following:
6.1.2.1 Architectural plans and details, including;
6.1.2.1.~ Site plan indicaling general location and nature
of on-site and the necessa~ off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space
assignments, sizes, and location of installed or
fixed and movable equipment which affects the
design of the spaces.
6.1.2.1.3 Building elevations indicating e~erior design
elements and features, including feneslralion
arrangements, materials, mechanical and
electrical features appearing on the walls, roofs,
and adjacent areas.
6.1.2.1.4 Interior elevations to establish functional
requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing prima~
st~ctural members, dimensions, and
accommodation of functional systems.
6.1.2.1.6Typical wall sections su~cient to indicate
materials, openings, and major features.
6.1.2.2 Sl~ctural drawings including plans and sections of
sufficient clarity and detail lo show the e~ent and lype of
st~ctural system and dimensions, final stru~ural design
criteria, foundation design criteria, prelimina~ sizing of
major slructural components, critical coordination
J:~geneml Se~s~BPC ~minislra~on~esign 9aild Agreemen~Master II 9~ AgreemenLdoc Page 1 ~ of 47
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
6.1.2.6 \:~rql~ngFpl~s~a!~dldet~ ~;
6.1.2.7 '~Pl~t~s ~;h~b~ii~-'inst~ll~i~ti~:bf major systems, equipment,
fixed furnishings and graphics;
6.1.2.6 Technical specifications;
6.1.2.9 All other technical drawings, schedules, diagrams and
specifications, to set forth in detail the requirements for
construction of the Project which, at a minimum, include:
6.1.2.9.1 Provide information customarily necessary for the
use of those in the building trades;
6.1.2.9.2 Include documents customarily required to obtain
regulatory agency approvals;
6.1.2.9.3 Provide color board and architectural rendering for
required presentations.
6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
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6.1.2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit T.V., lighting controls and
other electrical systems typical to civic facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
6.1.2.11.2Preliminary equipment layouts, required space for
~. equipment, reqqired chases and clearances
6.1.2.12 i ro , jT ( rtca areas show ng coordination of
mechanical and electrical
elements.
· 6.1.2.13 Final specifications, including but not limited to the
following:
6.1.2.13.1 Architectural: general description of the
construction, including interior finishes, types and
locations of acoustical treatment, typical and
special floor coverings and final extedor and interior
material selection;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical services,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
audiovisual, security-fire alarms and cable antenna
television systems;
6.1.2.13.4 Landscape: General description of the construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 Play Areas: Description of play equipment including
installation procedures, type, color, finishes and
locations.
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6.1.2.13.7 Other: Such other documents to fix and descdbe
the size, quality and character of the entire Project,
J:\General Services~BPC Administration~esign Build Agreements~Master II DB Agreement.doc Page 13 of 47
its materials, and such other elements as shall be
appropriate.
6.1.2.14 Plumbing drawings including location and quantity of
fixtures, equipment sizes, room sizes for plumbing
equipment, and final specifications as appropriate.
6.2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify "~ ~, ' ~ ~ .... ~ ~ · ~ ....
se.'.~,a~at~,..,b~d~a~k~l~s '~o a¢c~3mp sh phased construction of
the Project. "~--~., ,~,'-: ,~, ~\, ~ i~ ~',
6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project (" Detailed Construction Schedule") utilizing Microsoft
Project software, showing all major milestones, bid dates for the major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the of [Clic]~ here a~td type project dcscriptlot]] ,, all
of which shall conform with the dates of Substantial Completion and Final
Completion of Project.
6.4 Review as needed the CD's with the governmental authorities having
jurisdiction over the Project.
6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost of the Project is likely to exceed the GMP or Contract Time and include
in said notice:
6.5.1 An itemized cost breakdown estimate;
6.5.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6.5.3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope of the
Project so that the GMP is not exceeded.
6.5.4 Provide a master accounting system and matrix on Microsoft Excel
that will be updated, expanded and provided to the City monthly as
the Project develops.
6.6 D/B shall develop and implement Project Management Plan and Procedures
including:
6.6.1 Project status reports
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6.6.2 Coordination/interface with the City and its other
consultants/contractors
6.6.3 Initial Design kickoff meeting to be held no later than five (5)
working days from the Effective Date of Agreement.
6.6.4 Biweekly Design and Construction meetings
6.6.5 Interfac~0d ~on~,rnunicatLo,qs with~,other agenc es
' ~' "~; :'~' ~t~'!l!~a(~ "~
6.6.6 Vendor~. a~,.d,..i~'s~,bcq ors m~l.,ement
6.6.7 Document control
6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the Consultant shall provide
scheduling and cost control reports monthly.
6.7 Utilizing the 2000 Edition of the Standard Specifications for Public Works
Construction, 2000 Edition of the Chula Vista Standard Special Provisions, 2000
Edition of the Regional Standards, 2002 Edition of the Chula Vista Construction
Standards, the City's facility program, performance and design criteria, concept
drawings, and reports incorporated herein by reference, DB shall:
6.7.1 Prepare construction drawings and specifications suitable for
obtaining City-approved permits and to allow construction.
Preparation of technical materials and equipment specifications for
pre-purchase will be the responsibility of the DB.
6.7.2 Submit Construction Documents to the City for plan check, and
make any changes therein as may be lawfully required. Obtain
general building permit and all ancillary permits and licenses,
including but not limited to, demolition permits, improvement permits
and grading permits.
6.7.3 Complete the design for all elements of the Project, including, but
not limited to: civil, structural, architectural, mechanical, electrical,
landscape, and specialty consulting areas.
6.7.4 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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6.7.5 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.
6.7.6 Furnish ~_u~pp~rt to a .C. ity con. stru(;tab t rev ew team at t o
700/0 c letion stage ncorporate the
:,,, 6.7.7 Provide updated construction cost estimates at durations specified
.~.,.,~u,,,, . in this agreement to support Value Engineering (VE) and
constructability reviews.
Section 7: Construction Phase Services - Phase II1:
7.1 The D/B shall construct the Project in accordance with City-approved plans
and specifications prepared bythe DB to meet or exceed all requirements of the City
provided program, schematic design and the performance criteria. The DB shall:
.. ~ 7.1.1 Prepare and submit to City for review separate bid packages as D/B
determines appropriate to enable the construction of the Project to
proceed in an efficient and cost effective manner;
7.1.2 Conduct competitive bidding for the respective bid packages.
7.1.3 D/B shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
:. . 7.1.4 Schedule and conduct pre-bid conferences to answer questions
posed by bidders; said answers and any other information required
to provide clarification to the Construction Documents during the
bidding process shall be issued as written addenda and provided to
all prospective bidders;
7.1.5 Execute subcontracts, in D/B's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the D/B.
7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
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7.1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and ordedy
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
7.1.9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful prd,ers of public authorities relatin to the Pro'ect'
7.1.10 Prov.de ..,'. a,,pr a shop draw,ngs, samp,es of
constru(~t"lo~na~lals~]StOdL~c~r~d~schedule submittals, and other
submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by D/B;
7.1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items. All change
orders, including zero dollar change orders which require the use of
D/B Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits
or claims for infringement of patent rights and shall defend and hold
City and City's agents harmless from loss on account thereof
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Pdor
to Final Completion, D/B shall cause to be removed from and about
the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
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7.1.18 Develop a mutually agreed upon program to abate and minimize
noise, dust, and disruption to access for parking and services at all
times for adjacent business entities and residences;
7.1.19 Provide City with a Detailed Construction Schedule (DCS) on an
approved software within fourteen (14) working days after receiving
Notice tQ ~roc~eed~ w t,.h~bas.e IV. provide u dated versions of
,~, .~ .~-\ ~ ~,-~ ~ P DOS
on a mo~t~y~s~, a~idth~v de m~ed ate notice oran m act o
. -~ .~ ~ ,, .~..:~.~. ~ ~. Y p n
crltlca pat iJ:ems~ ~,~ ii ~ ~ "~
7.1.20 Conduct and prepare minutes for weekly Preject team meetings with
City and appropriate design and construction members;
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times dudng construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7.1.22 Notify City in writing when DIB believes that the Project has
achieved Final Completion;
7.1.23 Assemble and deliver to City upon Final Completion all records,
documents, warranties, bonds, guarantees, maintenance/service
contracts, and maintenance and operating manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
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7.1.29 Assist dudng final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
7.1.31 The DB shall provide resident management and contract
administration, including specialists necessary for the functional,
safe on~.-~ou~dg~t a~d c~r~-'scl~e~l, ule;coF~pletion ofthe Project starting
, ,%.. ~\', 'i ~ ,I ~i . .
w~th the~s~,~ce~\oJ'!.aI,[Notl~ce te~proceed, upon receipt of final
constru~o~-~/~Lf~m ~nd extending through issuance
of Notice of Completion and Acceptance. City staff will perform
inspections to verify compliance with the plans, specifications and
contract documents.
7.1.32 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.
7.1.33 The DB is responsible 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 [Title
24]. The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
7.1.34 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.
7.1.35 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.
7.1.36 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.
7.1.37 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
J:\General Services\BPC Administration'~Design Build Agreements\Master II DB Agreement.doc Page 19 of 47
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 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.
7.1.39 Prepare,'Ope~toTrts Mai~b-~[ '~
7.2 Unless the D/B rec~i.~es~h~ ~ity'}Lpner.<~p~o~al to substitute equal or be~er
quality materials, the D/B warrants to Ci~ that materials and equipment inco~omted
in the Project will be new, unless othe~ise 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 22.
Section 8: Operation/Startup Phase Services - Phase IV
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
8.1.15 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.
Section 9: Additional Services
9.1 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 9.4. 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.
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9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid the D/B
~ fee of [Click i~ere and %] of hard construction costs, [Click here and %] of hard
.cons. truction cost for bonding and actual costs for liability insurance for the additional
services.
"9.3' For additional services, which result in an extension of the Substantial
Completion date, D/B S~t~,ll b,e. p~id a. f~e.eq~al t~o__the number of working days the
.Substantial Completio~t~({~ ~'~d~ulti~.e.~ by the da y proration of the
general conditions fee ~,n.~j~ w~l~ tl~e GMP. ~
I If at any time D/B contends that t s be ng asked to perform Add tona
~;:,!'~ic~s it sha g've C~ty wrtten not ce 5 days pror to performing sa d services
.; Jnd ~ating 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 10: Bonds
..10.i D/B shall furnish performance and payment bonds with the names of the
~ ,, o. bl gees 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.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
' - 10.1.2 The payment bond shall be in the an amount of 100% of the Hard
: Construction Costs.
;~10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
'approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement 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.
10.3 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.
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Section 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injurie~to p,ers,o._ns ~o£~am.gge~ t9~property, wh ch may ar se from
or in conn. e.c. tion with th~_~r¥~,,~c~o~or~[~¥eunder by the D/B, h s agents,
,represemad.v, es, emploxe~Sr'~u~b~ltan~%~bconsultants shall be required
~o comply w~th the applJ~K-~§¥e ~lj)~artC~ pro~srO~. The maintenance of proper
coverage ~s 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 matedal
breach of contract.
11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
11.3.1.3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
11.3.1.4 Errors and Omissions Insurance.
11.4. Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
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11.4.1.1 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
~,,~ ,~ ~, ,~ ~l ·' , ~, aggregate limit shall apply
\~ ~ ~JL j:~ ~ .......-¢ separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 Employer's $1,000,000 per accident for bodily injury
Liability: or disease.
11.4.1.4 Errors and $1,000,000 per occurrence
Omissions:
11.5 Deductibles and Self-Insured Retentions
11.5.1 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.
11.6 Other Insurance Provisions
11.6.1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds using ISO Form
CG 2010 or its equivalent, with respect to liability arising
out of work or operations performed by or on behalf of the
J:\General Services\BPC Administration~Design Build Agreements\Master II DB Agreement,doc Page 23 of 47
D/B including materials, parts or equipment furnished in
connection with such work or operations.
11.6.1.2 For any claims related to this project the D/B's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
~O, ffi(;.ers~ o~als,., empovees, or volunteers shall be
~.. ex~s i(~f ~D'~B s ,n~s~ance shall not contribute
and
1 1.8.1.3 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.
11.7 Verification of Coverage
11.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
clause. The endorsements should be on forms that 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.
11.8 Subcontractors
11.8.1 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
additional insured's under its policies.
11.9 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.
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11.10 Prior to beginning Work under the Agreement, each and every Contractor of
any tier shall furnish Certificates of Insurance satisfactory to the City. All such
Certificates shall contain at least the following provisions:
11.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
11.10.2 The wor~ "wiJl endeayor" and "but fa' ure to ma' such notice shall
impose a~o su~;~ 0~l~a~i~n or.,liabi!tv~f any kind upon the compan ,
~ts agen,~s 9r/re~re~qtaj~ive~ ~ll.'~;deleted from the Certificates
11.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with
Insurers authorized by the California Insurance Commissioner to do
business in the State of California, any policies required by this
Agreement.
11.10.4 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.
11.11 Questions concerning the insurance requirements ofthis Agreement shall be
directed to the City Representative.
Section12: Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B 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 D/B, however, to call for, coordinate and
schedule all inspections.
12.2 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.
12.3 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 or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
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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 testi.~rjg pe~so.,n, nel to facilitate requ red nspections or t .
· ,, ~ ~. .~,~ ~.-~-~ ~.: ~.-,~. _ ests D/B
shall give at least 24 ho~jrs n0~Jce~o~n~.~'~', ns~;~' n ~nrt
12.4 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 intefiere
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 13: D/B GMP for Se~ices and Reimbursements
13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval.
Upon the approval of the 90% CD's, D/B shall, within ten (10) wo~ing days, submit
a GMP for approval by City. The GMP shall include all Hard Construction Costs,
D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the complete
design and construction of the entire Project as specified in the 90% CD's; provided
that:
13.1.1 The GMP shall not exceed [Click here a~d t~e $] and include within
said GMP shall be no more than l[C]Jck here ~d t~c $] for Design
Se~ices and General Conditions as previously identified Jn Section
1.3.1 of this agreement.
13.1.2 Said GMP shall be supposed bya detailed itemized breakdown that
shows: the D/B Fixed Fees and the expected Hard Construction
Costs for each of the major trades o the Project which will include
labor, material expenses, equipment costs, and a reasonable D/B
Contingency Fund. Said D/B ~ntingency fund shall not exceed 5%
of the Hard Const~ction Costs.
13.1.3 All Hard Construction Costs included in the GMP are for direct
Const~ction costs incurred in pefiorming the work, including taxes,
delive~ and installation. City shall reimburse D/B for the exact
amount of subcontract, self preformed woA or invoice amount. No
additional D/B markup, handling fees, overhead, or other charges
are to be added or paid except as othe~ise set fodh in this
agreement. Upon Final Completion of the Project, any amount of
J:~neral Se~i~s~BPC Administraaon~Design Build Agreemen~Master II DB Agreement,doc Page 26 of 47
Hard Construction Costs or D/B Contingency Fund monies not
utilized shall result in a deductive Change Order.
, 13.1.4 The GMP shall include a D/B Contingency Fund which can be used
, , by the D/B with City approval. If the Parties mutually agree that
' there is a sufficient surplus, the D/B Contingency Fund will be
~ "~' available to provide additional funds for Change Orders as provided
for in SeC[on 7, of~this ~g.E.e,e~m~ ertl ,This Contingency Fund w not
.. be avat~Jlef'i{o~x (~)LV~..rk re.~b~red due to D/a's and/or
ntrac~pr~"~{!hl:~7~:~r~,~i~ct~rs faflur(~ to,perform according to the terms
',.., .. .... .this ~:J~J~enl~ mr {l~-~::Ompllance with the Construction
' Documents, or (2) uninsured losses resulting from the negligence of
D/B or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the D/B
. Contingency Fund, shall require City approval. The City reserves the
right to seek reimbursements for any funds used due to errors or
omissions of the Design Consultants.
, ,, 13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
:: 13.2 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 the not to exceed amount of
[Click here mhd type $] for General Conditions and Design Services. Said
[Click here and type $] for General Conditions and Design Services shall not be
exceeded unless additional services are requested pursuant to § 7 above or a
i Change order issued pursuant to § 14. Unless otherwise expressly provided in this
;Agreement D/B GMP shall include full compensation for all costs of any type
'. dncur[ed by D/B in performing all services and obligations under this Agreement,
including but not limited to the following:
13.2.1 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 secudty consultants.
'"' 13.2.2 Estimating, value engineering and construction management;
13.2.3 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;
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13.2.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailem, field equipment and
storage facilities;
13.2.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
...... thp D~/B e×~c~e~ 20% of the fa r market value of an on
%¥ p~e ~ ~nt o~ ~all Tools. At City's option, the
~, ~;)f~l~ri~r~ui~m ~'t'Qr Small Tools ma·
,~,~.A.~: ;~.~. ~_n~ .~ y be pa~d, and
~y ~y ta~ p~:~ upon completion of the Work.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 9.
13.3 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessa~ to complete
this Project or fund this Agreement. As more fully provided in Section 26, the City
may terminate this Agreement for any reason, including but not limited to, if City
Council fails to appropriate su~cient funds or is unsuccessful at obtaining long te~
financing.
Section 14: Chanqe in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by wri~en Change Order.
Change Orders shall be issued only under the following circumstances:
14.1.1 The City directs D/B to pefiorm Additional Se~ices or City Changes
as provided in Section 9.
14.1.2 For reasons expressly provided elsewhere in this Agreement.
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14.2 The following procedure.shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives dse 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 necessa~ to
protect public health, safety or property.
14.2.2 Unless ~'er~i,.sei¥~_~d,.!i~y tli~,~City Representative in writing,
before p...~.6~-~, ~. ~p~ '¥t~ ~; ~ha~r~ ~Order work D/B shall prompt y
Prowde'th~f~ CIt~itl~a-de~il~d 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.
14.2.3 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.
14.2.4 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 33. 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.
14.2.5 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 15: ~ayment Terms
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15.1 D/B shall submit certificate and application for payment to the City for Phase
I, II, Ill and IV services as follows:
15.1.1 [Click. here and type $] upon completion of one-half of the Phase I
Services as determined by the City.
[Click here and type $] u on cor~l~ et on of
~:~--~,-~ .~I .~ , .. Phase I Services as
15.1.2 d ere rm d~e-d~ by'~t h e?C ~ ~ .~
15.1.3 LCnC~ nereana type Sj uprm comCl~tion of all Phase II Services as
determined by the City. Retention for Phase I to be released 60
days after receipt of Building Permit.
15.1.4 [Click here and type $] for Phase III Services for contract
administration. Cost to be paid on a per month schedule by dividing
cost by construction duration.
15.1.5 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 9 and 14.
15.2 D/B shall provide all services for the GMP. D/B shall submit certificate and
application for payment to City on or before the 5th day of each calendar month for
Phase III and IV 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.
15.3 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.
15.4 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 itemization of all Hard Construction
Costs actually incurred by D/B during the previous month.
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15.5 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 pement (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.
15.6. Subject. to Sectio~,s~_~ 15~8. City. ,§ha~,. ~-~[--p-ay.~- D[B_~ _.the ten percent ( 10% ) retent on
being _w. lthheld pursuan{~.'~S~l.o~ ~5.~,ja~ 15i~s part of the "Final Payment" to
D/B. F,nal Payment wi[! b~41~ ~Ay~ge =,(3~)i~l~.ys after Final Completion
15.7 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.
15.8 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 16: Project Completion
16.1 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.
16.2 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 vedfied by D/B.
16.3 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.
16.4 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
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showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves, plugged tees, wiring and utilities.
16.5 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 17: Contract ~ me
17.1 The Contract Tl~el) ~h~:~l ~,~z'li,e Eumber¢of ~¢endar days stated in Section 1
for D/B to achieve Sub~taCJCal
17.2 "Time is of the essence" with regard to Contract Time and all milestones
listed in the Project Schedule (Exhibit 2).
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 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.
17.5 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 18: Late Completion
18.1 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 17.3. 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, the following
amounts which D/B expressly agrees are "not unreasonable under the
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cimumstances" 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 16.
Section 19: ~iRht to Modify Work
19.1 Without invalidati~q th~ A~ree~e~t and w thQut not ce to any surety, Ci ma
· .~'~ " '~, ? ~, r,..~r~' _ ty y
at any t,me or from t,~'to~.~,.m.e.,~. ~l~aU,t,o,.~~, deletions, or rev sions n the
, Project; these will be au~~v~.~ri~n ~h~. i~ Order prepared and ssued by
City, Upon receipt of ad~u~(~h ~O~d'rf~l~, D/'Er~h~lIFprompt y proceed with the Work
!i~: in~91ved which will be performed under the app cab e cond tons of the Construction
D0~cuments (except as otherw se specfica y prowded)
'1912 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 20: Intentionally Omitted
Work By Others
.;21.1 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 priority
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.
21.2 If the proper execution er results of any part of D/B's work depends upon the
, ':Wdrk by the City or City Contractor, D/B shall promptly inspect and report to City in
,'~iWrlting any apparent delays defects, or defic enc es in the C ty's work that render t
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.
21.3 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 22: Warranties and Guarantees
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22.1 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 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 rejectiA0 cprrection or ac~eptgnce of sa d work Defective work
may be rejected even
.
22.2 The warranty period sl~lt-comm~t'e~'~hen 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 pedod may be prescribed
by la.w.s or regulations or by the terms of any applicable special guarantee or specific
prov~s~on of the Construction Documents.
22.3 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.
22.3.1 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws er 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.
22.5 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:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
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22.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
22.5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event D/B's warranty under section 22.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufac~er'~ or SUDD er's warranty'
22.5.5 wD/aBr r a~ht ~11 ~h ~~) n;rUaPctP~ efrro ~ ~h em ~nn~;~ CetrU ~;
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc., to cover the limited warranty pedod to City
at the expiration of the one year warranty; and
Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed
orpartially 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.
23.2 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 orthe
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assignability
24.1 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 dghts, 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 25: Indemnification
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25.1 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 archtects en neers, ot
. ~ ~ ~ ~. ~ .... g her
professionals and cons~?.~ant~!\C~tr~r~ ~upPii~s or anyone d rectly or indirectly
em.ployed by any of t~ ,~.v'-i~9~ ~[~r ~hq~gcts they may be liable. The
obhgations of the D/B u~fffhi~§'lS~a~a0'~ph f0~e~ 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.
25.2 D/B's obligation to indemnify under section 25.1 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 25.1, 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.
25.3 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 handling,
removal, abatement, capping, migration (after handling, removal, abatement or
capping) 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
statutoryliability or any other cause ofaction. 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 26: ..Right to Terminate and Suspend Work
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26.1 Archaeological and Pale°ntoloqical Discoveries If a discovery is made of an
amhaeological 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.
26.1.1 Discoveries which may be encountered may include, but are not be
limited to._~lwe~lin~ sites~.s~t~oq§ implements or other artifacts, animal
~m% ,~, LC ~'~' . -,, "~ ~-~.', .
bones, li~.~a~,~o~s~ifo~__sj~s!!or any item w,th cu tural s n ficance
26.1.2 biB of time and compensation
accordance with the provisions of this Agreement.
26.2 Termination of A,qreement 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/El 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.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Proiect by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 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 DIB's performance bond surety.
26.2.4 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.
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26.3 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 property. If the Agreement is terminated by
City as provided in this p~[,~graph~,,D/B ~h_a..J .b~e e, ntitled to receive just and e uitable
compensation for an~-~atl~fa~o~~' i~Ar~ c~,T~<~.,..,...~ ~--,...~=- q -,
~ t~. ., ~. ,~ ~,,~ ~.~,~, ,,,~. UUln reasonaole
demobilization costs, t~t~ ~ff~t~G~ ~uc~'r~;~-~*;~-~ ~-L '
waives any and a ci~-' ~;~es'~t4~,ensation arisin y P '~
P g under th~
Agreement except as set fodh herein.
26.3.1 Records and Documents Relating to Termination. Unless othe~ise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated potion of this
Agreement for three (3) years after final se~lement. This includes all
books and other evidence bearing on D/B's costs and expenses
under this Agreement. D/B shall make these re~rds 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.
26.4 Upon receipt of the Notice of Termination, D/B shall take any action that may
be necessa~, or that the City Manager may direct, for the protection and
prese~ation of the properly related to this Agreement that is in the possession of
D/B and in which City has or may acquire an interest.
26.5 Payment to D/B Due to Termination - D/B and the City Manager may agree
upon the whole or any pad of the amount to be paid because of the termination.
The amount may include a fee propo~ional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown in section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
amount of payments previously made. If termination occurs during Phase I, II, or
III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a podion thereof,
and no amount for Phase IV D/B Fixed Fee, except for Phase IV D/B fixed fee
propo~ional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Agree on Payment. If D/B and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
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26.6.1 The pdce for completed services accepted, including any retention,
by City not previously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory expense allocable thereto.
These costs are only for Work completed and accepted by the City
based o~a,, n ~,au~l,it o,f.g~o~ntE,a_c~t_~rs' bills of materia s and the
timecardS,f hr ~,,o ~,,a ~u ~LII_~) p,rfo~d;
26.6.3 port'o~l'~e~D?B ~ F'~rhead and profit) based on the
percentage of Work completed on the Project; however, if D/B would
have sustained a loss on the entire Agreement had it been
completed, City shall allow no profit under this section and shall
reduce the settlement to reflect the indicated rate of loss;
26.6.4 D/B and Design Subcontractor services through the date of
termination shall be paid based on actual time spent as documented
on timecards. Expenses shall be paid based on invoice and receipts
provided by D/B;
26.6.5 Under no circumstances will D/B be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If D/B does not agree that the amount determined by the City Manager is fair
and reasonable and if D/B gives notice of such disagreement to City within thirty
(30) days of receipt of payment, then the amount due shall be as later determined
pursuant to the Dispute Resolution procedures in Section 33.
26.8 Payment for Property Destroyed, Lost, Stolen or Damaqed - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exclude
from the amounts payable to D/B under this Section, the fair value, as determined
by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
26.9 Deductions - In arriving at the amount due D/B under this section, there shall
be deducted:
26.9.1 Any claim which City has against D/B under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by D/B or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of Aqreement by D/R
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26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
26.10.1.1 The Project has been suspended under the provisions
of Section 26.1 or 26.2, for more than ninety (90)
consecutive days through no fault or negligence of D/B,
_ arid notice to r~esume Work or to terminate the
· ';' - ~/ ,' %\ 'i" :=~,.~ ~, '~-,-~,'
~, ~' A~ee~t ~ act b~,h received from City within this
26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms of this Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 10-day period City
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall have no claims against
. City except for those claims specifically enumerated in Section 26.9,
. herein, and as determined in accordance with the requirements of
said Section.
Section 27: Independent Contractor
27.1 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 28: Independent Judgment
28.1 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.
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Section 29: Maintenance of Records and Accountinq
29.1 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 30: Owne rsl~i~ofjDo~i; ~ ~ ~ i-?~
30.1 All reports, stuo~,~inf(~t~nati6~ da~,~istics, forms, designs, plans,
procedures, systems and any other materials or pmpedies produced under this
Agreement shall be the sole and exclusive properly of City. No such materials or
pmpe~ies produced in whole or in pa~ under this Agreement shall be subject to
private use, copyrights or patent rights by Consultant in the United States or in any
other ~unt~ without the express wriEen 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 othe~ise use, copyright or
patent, in whole or in pad, any such mpo~s, studies, data, statistics, forms or other
materials or pmpe~ies produced under this Agreement.
Section 31: Fome Majeure
31.1 Any pady to this Agreement may be excused for any delay or failure to
pedorm its duties and obligations under this Agreement, except for obligations to
pay money, but only to the e~ent that such failure or delay is caused by an Event of
Force Majeure as set fo~h in section 31.2. If an Event of Fome Majeure set fo~h in
section 31.2 causes a delay or failure in pedormance of only a potion of the
obligations of a Pa~y under this Agreement, then only that potion of pedormance
which was delayed or prevented by such cause shall be deemed excused, and the
pedormance of all other obligations of a Pa~y not so delayed shall not be excused
by an Event of Fome Majeure. Delay or failure in pedormance of all other
obligations of a PaKy not so delayed shall not be excused by such Event of Fome
Majeure. Delay or failure in pedo~ance by a Pa~y which is the result of an Event
of Force Majeure set fo~h in section 31.2 shall be deemed excused for a period no
longer than the delay or failure in pedo~ance caused by such Event.
31.2 An Event of Fome Majeure means an occurrence beyond the control and
without the fault or negligence of a Pa~y, including but not limited to unusually
severn weather, flood, ea~hquake, fire, lightning, and other natural catastrophes,
acts of God or the public enemy, war, terrorist act, riot, insu~e~ion, 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 Pady makes good faith and reasonable effods to remedy
the delays or failures in pedormance ~used thereby. However, D/B, in developing
J:~General Se~i~s~BPC Adminisffafion~Design Build Agmemen~Master Il DB Agreement.doc Page 41 of 47
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.
31.3 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 possib~_., bu~ in ~ny e~ent ~ithi~q five (5) work ng days after Part
becomes aware of suct{d~ a~or!~ ilCJ~d[ ~, ;~ .%
314 ~' ~' ~ ~ ~ t ~_./,.
· No Event of For~je~, sff'~&e a~da~is~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 32: Hazardous Materials
32.1 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 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 33: '.Disputes
33.1 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.
33.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 14. 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.
33.3 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
J:\General Se~ces\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 42 of 47
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.
33.4 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.
Section 34: Notices
34.1 .All n..o.t,ces, dem~n~/s~?~h~ ~m~.n~a~t,ops hereunder shall be given or
made in wnbng and sha~lSe'~d~M~r~d¥~rsdn-a~y~O~sent by courier 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
Department of General Services
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To D/B:
[Click here and type firm name]
[Click here and type firm address]
Tel: [Click here and type firm phone]
[:ax: [Click here and type firm 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 not ce, demand or other
communicat on 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 35: Miscellaneous Terms
J:\General Services\BPC Administratioe~Design Build Agreements~Master II DB Agreement.doc Page 43 of 47
35.1 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 any statement or representation of any other
Party not contained herein, or any representative, agent or attorney of any other
Party.
35.2 Severability: If,~a~y ~.~. ~n~t~ of~t~ ~greement s he d to an extent
i ~ "' '~ '~ ~ ~-~-'~'~"~'~' .. Y
to be nval~d or unenfo~c'(~rbl~, ~lr th~ ren~ff]'~terms and conditions shall be
enforceable to the fullest extent permitted by law.
35.3 Entire Agreement: 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.
35.4 Draftin.q 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.
35.5 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.
35.6 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.
35.7 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.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
J:\General Services\BPC AdministralJon\Design Build Agreements\Master II DB Agreement.doc Page 44 of 47
35.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry'out the previsions of this Agreement.
35.10 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 reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
35.11 Co, unterparts. ~s ,~r~,~n~.a.y, be!~:~cuted by the Parties in one or
more coumerparts, all ~f~, ~_~,t~, t~{j~t~er~§~ constitute one and the same
instrument. The facsirr~lte~3~r~-~:~h~;~p~'~~ shall be deemed to constitute
original signatures, and facsimile copies hereof shall be deemed to constitute
duplicate original counterparts.
35.12 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.13 Third Party Beneficiary: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
J:\General Servioes\BPC Administra~on~Design Build Agreements\Master II DB Agreement.doc Page 45 of 47
SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
r-,,-._.~ CHULA VISTA [Click here and type firm nm~e]
CITY
[Click here and type narneJ(k,.r~a~r '!:, ?' 'li'-~ ~ ;'% [Click here and type name]
[Click here aad type name] , City Clerk
Approved .as to form by:
[Click here and type name] . City Attorney
J:~General Services\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 46 of 47
GLOSSARY OF TERMS
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EXHIBIT LIST (I-VI)
Exhibit I Approved [Click here and type project description] Master Plan
Exhibit 2 Project Schedule
Exhibit 3 Preliminary Cost of Construction
Exhibit 4 Design/Build Services
Exhibit 5 General Conditions Breakdown
Exhibit 6 RFQ
J:~Geneml Services\BPC Administration\Design Build Agreements\Master II DB Agreement.doc
GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined
terms used in the Agreement and Supplementary Conditions. In the event of any conflict
between the following and the definitions set forth in the Agreement, those in the
Agreement and Supplementary Conditions shall take preference.
Additional Services. Services which the City has authorized the D/B to perform
and which are beyond the scope of work as set forth in the Agreement.
Additive Costs. Any cost above that which would normally be found in a
competitive bid situation.
Agreement. The Design/Build Agreement including all attachments between City
and D/B.
Certification of Completion. The document, by which D/B certifies that the Project
has been fully 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.
Certificate of Occupancy. The document issued by City authorizing occupancy of
the entire Project.
Certificate of Substantial Completion. The document issued by City after it
reasonably determines the Project has achieved Substantial Completion as defined in
Section [Click here and type #] of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement pursuant to the terms of Sections
[Click here and type #(s)]
City. City shall refer to the City Representative, Agent and/or City Inspection
Representative.
City Representative. [Click here md type date] shall be the initial City
Representative. The City Manager will notify D/B in writing of the name of any successor
City Representative and D/B shall be entitled to rely upon the directions of the current City
Representative until receipt of said written notice. The City Representative shall act on
behalf of the City with respect to this Agreement unless the Agreement provides otherwise.
D/B shall not make any modifications to the Project unless directed by the designated City
representative.
J:\General Services~BPC AdministrationXDesign Build Agreements~daster DB Glossary of Terms.doc
Construction Documents. D/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
equipment, fixed furnishings and graphics, the technical specifications and all other
technical drawings, schedules, diagrams and specifications, necessary to set forth in detail
the requirements for construction of the Project.
Contractor. Any person or entity with whom the D/B or City contracts or
subcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Council to
be paid to the D/B as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs.
Contract Time. The time within which D/B has to complete all Work and services
under the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Work. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on D/B.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
D/B Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section [Click here m~d type #]
of this Agreement.
Final Completion. The date on which the last of the following events occurs: (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
Certification of Completion duly verified by D/B.
J:\General Serviccs~BPC Administration~Design Build Agreements~laster DB Glossary of Terms.doc -2-
Final Payment. Payment to D/B 35 days after date of Final Completion as set forth
in Section [Click here and type #].
Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in of Exhibit [Click here and type #] for the complete design and construction of
the entire Project as specified.
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a
Contingency Fund, as set forth in of Exhibit [Click here and type #] ; but specifically does
not include: (1) costs associated with the design and construction management services to
be performed by D/B under this Agreement or (2) costs incurred due to D/B's negligence or
failure to perform according to the terms of this Agreement, including, but not limited to,
failure to adequately supervise the Project, use of materials which do not comply with the
Construction Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services under Phase IV of this Agreement.
Master Construction Schedule. D/B prepared and City approved Master
Construction schedule for Phase IV showing all major milestones, bid dates for major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the exterior of the building, which shall conform with the
dates of Substantial Completion and Final Completion of Project. D/B will update the
schedule as required by the Agreement.
Notice of Completion. City document issued after Chula Vista City Council
formally accepts the Project.
Onsite/Offsite. Refers to Project Site, unless otherwise indicated.
Party. The Parties to this' Agreement, The City of Chula Vista ("City"), and
[Click here and type finn nan~e], ("D/B").
Phase I. Phase I shall consist of all services and events described or implied in
Section 5 of the Agreement, including but not limited to preparation of schematic design
documents, and cost estimates.
Phase II. Phase II shall consist of all services and events described or implied in
Section 6 of the Agreement, including but not limited to the preparation of Design
Development Documents, outline specifications and cost estimates.
J:\General Services~BPC Administration~Design Build AgrcementshMaster DB Glossary of Terms.doc
-3-
Phase III. Phase III shall consist of a services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 100%
Construction Documents, Master Construction Schedule, preparation of GMP Finalized
Management and Implementation Plan and determination of need for and conducting of
additional subsurface investigation.
Phase IV (if applicable). Phase IV shall consist of all services and events
described or implied in Section 8 of the Agreement, including but not limited to conducting
competitive bidding for the Work, and the construction and completion of the Project.
project. The design and construction of a completed and fully functional
[Click,here a~d type project description] and on and off site improvements as more fully
describ.~d On the [Click here and type project description] Master Plan.
Project Budget. The amount of money authorized by the Chula Vista City Council
to be expended on this Project, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Reimbursable Costs, Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 8 of the Agreement, the net premiums (less any
premium returns) for the insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which D/B is required to purchase and maintain pursuant
to Section 9 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 9 of the
Agreement.
Small Tools. Mobile items less than $1500 in total value.
Su bstantial Completion. The date on which (1) the progress of construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can occupy and utilize the entire facility for activities and all goods
and.services to be provided under the terms and conditions of the Construction Documents
are m place and have been initially tested, and are operationally functional, subject to final
testing, balancing and adjustments and a Final ComPletion punch list Work.
Work. All services, labor, materials, supplies, and equipment necessary for D/B,
Contractors and consultants to complete the Project.
J:\Oeneral ServicesXBPC Administration~Design Build Agreements~Master DB Glossary ofTen'ns.doc
Attachment C
Example of a General Conditions Worksheet
23
---~/'~ BUILDING AND PARK CONSTRUCTION
crn, o~ GENERAL CONDITIONS WORKSHEET
CHULA VISTA
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
PROJECT PERSONNEL
(List Name)
Proiect Manager
Proiect Superintendent
Proiect En~)ineer
Proiect Administration
Proiect 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 (Drw~s Only)
Scheduling]
Progress Photographs
SUBTOTALS
Page 1 of 2
----~-~-~--.. BUILDING AND PARK CONSTRUCTION
crn, o~ GENERAL CONDITIONS WORKSHEET
CHULA VISTA
TEMPORARY SERVICES
Toilets/Handwash Stations
Stor~ontainer
Du.~.~_..~ter/Debris Box
~Water
SITE SERVICES
' Guard Services
' Site Fencin.~.
Barricades
Traffic Control
SUBTOTALS
~ in Labor Rates)
~lncluded i- - ~n Lab_'-~rRRaat~eSs
SUBTOTALS
TOTAL GENERAL CONDITIONS
Page 2 of 2
EXHIBIT 2
Design Build Fee Structure
J:\General Services\GS Administration\Design Build Agreements\FS No 6 DB Agmt Final.doc I I
EXHIBIT 2
Preliminary Cost of Construction
Fire Station No. 6
Fire Station No. 6 Construction Costs
1. Preliminary budget - 5,000 SF Fire Station $ 1,360,000
2. General Conditions - 7 Months $ 140~000
3. Subtotal- Hard Construction Costs $ 1,500,000
4. Design/Builders Fee - sliding scale
Fee on first $1,000,000 of construction cost $ 100,000
Fee on next $500,000 over $1,000,000 - 6% $ 30,000
Fee on next $500,000 over $1,500,000 - 5 1/2% $
Fee over $2,000,000 - 5%
5. Total ~ Preliminary Cost of Construction Estimate "'"
$ 1,63O,OO0
Design and Pre-Construction Fees:
6. Preconstruction Services for Design/Builder- sliding scale
Preconstruction fee on first $1,000,000 of construction cost $ 20,000
Preconstruction fee on construction cost over $1 mil. - 3/4% $ 4,725
7. NE Design Fees
Archictectural $ 56,400
Structural $ 14,200
Mechanical $ 10,500
Electrical $ 16,500
Landscape $ 8,900
8. A/E Construction Administration $ 19,000
9. Civil, Hydrology, Utilities & SWPPP $ 24,500
10. Reimbursables $ 15,000
11. Geotechnical - soils report $ 5,000
Total Design & Build Cost $ t,824,725
12. Cost of bond premium - sliding scale
First $500,000 - $12.00 per 1,000 $ 6,000
Premium over $500,000 - $8.00 per 1,000 $ 10,598
13. Insurance $ 6,387
14. Building/Utility/Site Fees (by owner) $
15. Project contingency $ 68,000
Total Project Cost $ 1,915,710
Design Fees, Pre-Construction Fees and GC Summary:
General Conditions (line item 2 above) $ 140,000
Design and Pre-Construction Fees (line items 5-11 above) $ 194~725
Total Design Fees, Pre-Const, Fees and General Conditions $ 334,725
Erickson-Hall Construction Co.
EXHIBIT 3
identification of Design Build Team Members
J:\General Services\GS Administration\Design Build Agreements\FS No 6 DB Agmt Final.doc
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 10/07/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the
agreement between Willdan Corporation and the City of Chula Vista to
provide building plan review, inspection and code enforcement inspection
services and authorizing the Mayor to execute said agreement.
Acting Director of Planning and Building~
SUBMITTED
BY:
REVIEWED BY: City Manage~ (4/5ths Vote: Yes No X )
Due to the continued high level of construction activity, the increase in commercial and
industrial construction, and the expanded involvement of Code Enforcement in revitalization
projects, staff prepared a Request For Proposal (RFP) for plan check, inspection and code
enforcement inspection services. A Selection Committee interviewed the top five consultants
and after a thorough evaluation, the Committee recommended that the City contract with two
consultants for each service as follows: Esgil Corporation (San Diego) and Willdan Corporation
(San Diego) for plan review services and JAS Pacific, Inc. (Temecula) and Willdan Corporation
for building inspection and code enforcement inspection services. On August 19, 2003, City
Council adopted Resolutions 2003-363 and 2003-364 approving the agreements with Esgil
Corporation and Jas Pacific, Inc. As stated in Agenda Item 18 of the August 19, 2003 Council
meeting, the agreement with Willdan Corporation was not finalized and that staff would bring it
forward at a future Council meeting.
RECOMMENDATION:
That the City Council adopt the resolution approving the agreement between Willdan
Corporation and the City of Chula Vista to provide building plan review, inspection and code
enforcement inspection services and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On June 2, 1998, City Council adopted Resolution No. 19022 approving an agreement between
Esgil Corporation and the City to provide plan check engineering services for the Department of
Planning and Building on an as needed basis. Furthermore, on December 12, 2000, City Council
approved Resolution No. 2000-453 amending the agreement between Esgil Corporation and the
City to include building inspection services on an as needed basis. The agreement between Esgil
Page 2, Item: -~
Meeting Date: 10/07/03
Corporation and the CiG- expired June 30, 2003. On August 19, 2003, City Council adopted
Resolutions 2003-363 and 2003-364 approving a new agreement with Esgil Corporation for
building plan review services and an agreement with JAS Pacific, Inc. for building inspection
and code enforcement inspection services, respectively.
Construction activity in the City of Chula Vista continues to be at a high level. During FY 00-01
and FY 01-02, the total construction valuation of submitted building permit applications were
approximately $610 million and $526 million, respectively. For FY 02-03, the total construction
valuation of submitted building permit applications was approximately $810 million.
Furthermore, the City is currently experiencing a significant increase in commercial and
industrial construction. For FY 01-02, the total construction valuation of submitted commercial
and industrial permits is approximately $64 million, whereas, for FY 02-03, the total
construction valuation was approximately $105.6 million, an increase of about 65%. Such
projects tend to be complex and time consuming for both plan review and inspection.
The City has been using the services of building plan review consultants since 1987. Having
consultants available on an as needed basis helped the City manage the high workload and meet
established customer service standards. In addition, having consultants on standby allowed the
City to minimize the impact on customer service caused by staff taking vacation, extended leave
or furlough. Consultants offer flexibility and the ability to respond quickly with no impact to the
City. Due to the increase in commemial and industrial construction, them is a greater need for
specialists to review and inspect the work. Consultants provide that level of expertise. As for
code enforcement inspection services, consultants will only be used to relieve workload during
position vacancy periods.
Staff recommends contracting with primary and secondary services consultants to ensure a back-
up provider is in place, in the event workload exceeds the limits of primary resources. This gives
the City access to a larger pool of resources, and minimizes delays in public services. Esgil
Corporation was recommended as the primary awardee and Willdan Corporation as the
secondary awardee for plan review services. JAS Pacific, Inc. was recommended as the primary
awardee and Willdan Corporation as the secondary awardee for building inspection and code
enforcement inspection services.
The Agreement (Attachment 1) is structured to allow the City, at its sole discretion, to terminate
a contract any time after having given the consultant 30 days notice. The decision to use the
services of the consultant rests solely with the City and will be made on a case-by-case basis by
the Director of Planning and Building.
Selection Process
A Selection Committee (Committee) comprised of representatives from Planning and Building,
Engineering, Fire and Community Development reviewed the responses to the RFP. The
committee evaluated the responses using a pre-established list of evaluation criteria based on
professional qualifications of consultant's employees, consultant's experience in performing the
services, consultant's procedures and their impact on City procedures, quality control programs,
familiarity with local and regional code interpretations and cost of services. Eight firms
Page 3, Item: /
Meeting Date: 10/07/03
responded to the RFP, but only two of the eight responded to the request for code enforcement
inspection services.
The Committee performed three levels of evaluation: 1) reviewed the proposals, ranked and
identified the top ranking firms, 2) interviewed the top-five finns, and 3) deliberated and re-
evaluated the consultants. After taking everything into consideration, the Committee
recommended the following:
Plan Review Services: The City contract with Esgil Corporation, and Willdan Corporation for
plan review services. Esgil is the Committee's top choice due to their outstanding qualifications,
reputation in the region, highly successful experience in prior service to the City and the
competitive rate charged for their plan review services.
Building Inspection Services: The City contract with JAS Pacific, Inc. and secondarily with
Willdan Corporation for building inspection services. The methodology of both firms is to
position their inspectors in the City to work as part of City staff after the City has interviewed
and approved the inspectors. This assures the City that it is getting qualified inspectors
inspecting work in the City. Furthermore, having consultant's inspectors positioned in the City
working as part of City staff allows our supervisors to maintain control of work assignments, to
assure consistency and quality of service and to assure same- day data entry into our permit
tracking system. Both firms charge competitive rates and have been successful in providing
inspection services to a number of jurisdictions.
Code Enforcement Inspection Services: The City contract with JAS Pacific, Inc. and secondarily
with Willdan Corporation for code enforcement inspection services. JAS Pacific and Willdan
are the only two companies that responded to the request for code enforcement inspection
services. The methodology of both companies is similar to that of building inspection services as
explained above. Both firms charge competitive rates and have been successful in providing
code enforcement inspection services to a number of jurisdictions.
FISCAL IMPACT:
Ail costs of plan check and inspection services, whether performed by the City or the City's
consultant are borne by the applicant in the form of plan check and permit fees. The plan check
and permit fees provide sufficient revenue to cover both the cost of the services provided by the
consultant and the Department's administrative overhead costs. The cost to the applicant is the
same, whether City staff or consultants provide the service.
All costs for code enforcement inspection services will not exceed the amount of salary savings
accrued to the Code Enforcement Section due to staff vacancies, thus having no fiscal impact to
the adopted operating budget. Sufficient funds are budgeted to cover all costs. Therefore, no
further appropriations are needed.
Attachments:
1. Willdan Corporation Agreement H:\BLD_HSG\Consultant Services\Council Agenda Statement_03 Consultant Services_Willdan02,do¢
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AGREEMENT BETWEEN WILLDAN
CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE
PLAN REVIEW, BUILDING INSPECTION AND CODE
ENFORCEMENT SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAD AGREEMENT.
WHEREAS, public demand for timely plan review and building inspection services
during the building permit process coupled with a continued high rate of construction
activity in the City requires the City to have building plan review and building inspection
services available on an as-needed basis; and
WHEREAS, extended vacancies in code enforcement positions would be
detrimental to the City's code enforcement program, and the availability of code
enforcement services on an as-needed basis to bridge any vacancy gap would be in the
best interests of an uninterrupted City code enforcement program; and
WHEREAS, staff distributed and advertised a request for proposal for said services
and recommends awarding the plan review, building inspection and code enforcement
services agreement to Willdan Corporation after careful consideration of all submitted
proposals; and
WHEREAS, funding for plan review and building inspection services come from
existing plan check fees and building permit fees respectively and spending authority is
included in the annual budget of the Department of Planning & Building; and
WHEREAS, spending authority for the code enforcement services will come from
salary savings from the annual budget of the Code Enforcement Section within the
Department of Planning & Building.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Agreement with Willdan Corporation to provide plan
review, building inspection and code enforcement services, a copy of which is 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 for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
J.D. Sandoval Ann M0'dr/~/~/ f
Acting Director of Planning & Building City Attorney
It:\B[.D HSG\Consultant Services\Consultant Services Willdan
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
L/~(J kiln'Moore
City Attorney
Dated: ~ ~' ~.~:~--t9.~
Agreement between the City of ~hula Vista and
Willdan Corporation for building plan review, building
inspection and Enforcement services.
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Willdan Corporation
for Building Plan Review, Building Inspection and Code
Enforcement Services
This agreement ("Agreement',), dated July 1, 2003 for the
purposes of reference only , and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form-is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant ,,), and is made with reference to the
following facts:
Recitals
Whereas, City desires to employ the services of a contractor
to provide building plan review and building inspection of
permitted building construction projects, and City code
enforcement services; and,
Whereas, City advertised for competitive requests for
proposals for said services; and,
Whereas, after reviewing submitted proposals and conducting
interviews, Consultant was chosen as one of two of the most
qualified to provide said services; and,
Whereas, at its sole discretion, City reserves the right to
use or not use Consultant for said services based on City's
needs; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
2ptyWilldanR1
July 1, 2003
Page 1
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant ~hall perform
same on a time and materials basis at the rates set forth in the
2ptyWilldanR1
July 1, 2003 Page 2
"Rate Schedule,, in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub-
consultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any
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
2ptyWilldanR1
July 1, 2003 Page 3
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorney~ which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
2ptyWilldanR1
July 1, 2003 Page 4
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 lis6ed 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
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark,, next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
Ail billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
2ptyWilldanR1
July 1, 2003 Page 5
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
2ptyWilldanR1
July 1, 2003 Page 6
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
2ptyWilldanR1
July 1, 2003
Page 7
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Indemnification and Hold Harmless Agreement
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 persons 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 7.2, the
Consultant agrees to defend, indemnify, progect, and
hold harmless the City, its agents, officers, or
2ptyWilldanR1
July 1, 2003 Page 8
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 is 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 under Section Exhibit A to this agreement.
2. Indemnification for Professional Services. As to the
Consultant's professional obligation, work or services
involving this Project, the 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,
agents or officers; provided, however, that the
Consultant's duty to indemnify shall not include any
claims or liability arising 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
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other~materials up
to the effective date of Notice of Termination, not to exceed the
2ptyWilldanR1
July 1, 2003
Page 9
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that~ the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (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
2ptyWilldanR1
July 1, 2003 Page 10
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. City's reuse of such materials on
a project other than the project which is the subject of this
agreement shall be at the City's sole risk.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant,s work products. Consultant and any
of the Consultant,s agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
2ptyWilldanR1
July 1, 2003
Page 11
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
2ptyWilldanR1
July 1, 2003 Page 12
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. kny action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
2ptyWilldanR1
July 1, 2003
Page 13
Signature Page
to
Agreement between City of Chula Vista and Willdan Corporation
for Building Plan Review, Building Inspection and Code
Enforcement Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: 2003 City of Chula Vista
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: Wildan orporation
Afs~ H~u-s e, PVE~
Sen~d~ 'ice President
By:
Exhibit List to Agreement
( X ) Exhibit A.
2ptyWilldanR1
July 1, 2003 Page 14
Exhibit A
to
Agreement between
City of Chula Vista
and
Willdan Corporation
1. Effective Date of Agreement: July 1, 2003
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other:
[insert business form]
( "City" )
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Willdan Corporation
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9275 Sky Park Court, Suite 110
San Diego, California 92123
Voice Phone: (858)467-6950, FAX: (858)467-1346 ~
2ptyWilldanR1
July 1, 2003 Page 15
7. General Duties:
Consultant shall provide professional services for the
review of City assigned proposed building plans for conformance
to State regulations for building, plumbing, mechanical and
electrical codes, as adopted by City. Services also include
review of conformance to California State Title 24 regulations,
as applicable. All consultant services shall be performed to the
satisfaction of the City's Building Official.
Consultant shall provide professional building inspection
services for the inspection of City assigned building
construction projects for consistency with permitted building
plans and for conformance to State regulations for building,
plumbing, mechanical, fire and electrical codes, as adopted and
amended by City.
Consultant shall provide professional code enforcement
services on assigned code enforcement complaints, cases and
special projects.
For both Building Inspection and Code Enforcement Services,
Consultant shall provide City with qualified individuals to be
located at City facilities and perform as an extension of staff.
Selection of these individuals will be further subject to
approval by City. Plan review services will be provided by
Consultant at Consultant's place of business. City reserves the
right to also have Consultant provide City with qualified plan
review individuals to be located at City facilities and perform
as an extension of staff.
Performance on all work is subject to the satisfaction of
the City's Building Official.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Plan Review Services
1. Upon request of City, perform traditional initial
plan review, meeting at least the standards in the
industry, of City assigned projects to determine
compliance with City adopted:
California Building Code
2ptyWilldanR1
July 1, 2003 Page 16
California Plumbing Code
California Mechanical Code
California Electric Code
California Fire Code
California State Title 24 (energy conservation,
disabled access, noise attenuation)
California Title 25, Mobile Home Parks
Locally adopted amendments
2. Provide the project applicant's designee and the
City a typed list of items needing clarification
or change to achieve conformance with the above
regulations.
3. Perform all necessary liaison with the project
applicant's designee, either by telephone, mail or
meeting in Consultant's main office, and perform
all necessary rechecks to achieve conformance to
the regulations.
4. Perform all necessary liaison with the City's
Building Official or his designee, either by mail,
telephone or in City offices to ensure the
assigned project's compliance with California
Building Code Sections 104.2.7 and 104.2.8 and to
ensure compliance with local interpretations.
5. Upon request of the City, perform plan reviews of
proposed revisions to plans which have been
previously approved for permit issuance. Upon
request of the City, perform plan reviews of
proposed major changes to plans prior to permit
issuance approval, when such proposed major
changes are not required to achieve code
conformance.
6. Attend meetings related to proposed building
projects at the request of City Building Official
at locations other than Consultant's offices.
7. Prepare initial plan check correspondence for each
project assigned to consultant per tasks 1-5
above.
Building Inspection Services
2ptyWilldanR1
July 1, 2003 Page 17
8. Consultant shall perform traditional on-site
building inspection of City assigned projects to
determine consistency with permitted building
plans and to determine compliance with City
adopted:
California Building Code
California Plumbing Code
California Mechanical Code
California Electric Code
California Fire Code
California State Title 24 (energy conservation,
disabled access, noise attenuation),
All to the satisfaction of the City's Building
Official.
9. Consultant shall provide the applicant's designee
and the City a list of items needing correction or
change to achieve conformance with the above
regulations, to the satisfaction of City's
Building Official.
10. Consultant shall perform all necessary liaison
with the applicant's designee, either by
telephone, mail or meeting at the construction
site.
11. Consultant shall perform all necessary liaison
with the Building Official or his designee, either
by mail, telephone or in City offices to ensure
compliance with California Building Code Sections
104.2.7 and 104.2.8 and to ensure compliance with
local interpretations.
12. Consultant shall record all inspection results and.
correction notices on City standard forms, as well
as entering results data in the Accela Permits
Plus® system, as assigned by City staff, to the
satisfaction of City's Building Official.
13. Consultant shall attend meetings related to
proposed building projects at the request of City
Building Official at locations other than
Consultant's offices.
2ptyWilldanR1
July 1, 2003 Page 18
Code Enforcement Services
14. Consultant shall investigate and inspect City
assigned code enforcement complaints and cases,
and perform City assigned special code enforcement
projects, in the field and in the office, under
the direction of the Senior Code Enforcement
Officer, and perform assigned work to the
satisfaction of City's Building Official.
15. Consultant shall record all inspection results and
correction notices on City standard forms, as well
as entering results data in the Accela Permits
Plus® system, as assigned by City staff, to the
satisfaction of City's Building Official.
16. Consultant shall complete appropriate paperwork,
according to procedure, to advance the enforcement
process or close-out the complaint file, under the
direction of the Senior Code Enforcement Officer,
and perform assigned work to the satisfaction of
City's Building Official.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Single Family Dwellings and Tenant
Improvement Alterations - Following City's request for
initial plan check, initial plan check to be completed
no later than five (5) workdays, and plan re-check to
be completed no later than five (5) workdays after
project revisions.
Deliverable No. 2: Projects other than Deliverable 1
listed above but below $5M valuation - Following City's
request for initial plan check, initial plan check to
be completed no later than nine (9) workdays, and plan
re-check to be completed no later than five (5)
workdays after project revisions.
2ptyWilldanR1
July 1, 2003 Page 19
Deliverable No. 3: Projects other than Deliverable 1
listed above but more than $5M valuation or more than 3
stories in height Following City's request for
initial plan check, initial plan check to be completed
no later than fifteen (15) workdays, and plan re-check
to be completed no later than sevenl (7) workdays after
project revisions.
Deliverable No. 4: Phased designs - Following City's
request for initial plan check, initial plan check to
be completed no later than seven (7) workdays, and plan
re-check to be completed no later than five (5)
workdays after project revisions. Second and
subsequent re-checks to be completed no later than four
(4) workdays after project revisions.
Deliverable No. 5: Contractor Performance
Documentation- No later than 3 workdays after
completion of each plan check for tasks 1-5 in part A,
above, Consultant shall submit to City in writing a
plan check correspondence which shall contain the
following information:
1. The day of the week and date the plans were
received by Consultant from City;
2. The day of the week and date the plan check was
completed by Consultant;
3. The day of the week and date the applicant's
designee was notified by Consultant the plan check
was completed; and,
4. The number of workdays Consultant took to complete
the plan check.
5. The list of items needing correction or change to
achieve conformance with the regulations under
Section 8.A.1.
Deliverable 6: Provide next-workday inspection of
requested inspections that are assigned to Consultant
and enter results in the Accela Permits Plus® system
the same day of the inspection.
Deliverable 7: Provide next-workday investigation and
inspection of requested code enforcement complaints
that are assigned to Consultant and enter results in
the Accela Permits Plus® system the same d~y of the
inspection.
2ptyWilldanR1
July 1, 2003 Page 20
Deliverable 8: .Complete all appropriate paperwork
associated with special code enforcement projects
assigned to Consultant.
Date for completion of all Consultant services:
June 30, 2006. Should City and Consultant mutuall~r
a tee, the term of this agreement may be extended fo
one year terms f~ ~ ~ ~ e~ ~or additional
--~___ ~nree ears If al
terms are a~re~d ,~n~n 2-c-i ~ ~ ~ all three one~
~ ~ -- ~, u~e aa~e ~or completion shall be June 30~
2009~
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
( ) Employer,s Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $1,000,000(not
included in Commercial General Liability coverage).
10. Materials required to be supplied by City to Consultant:
A. Provide those items supplied by the applicant, to allow
plan checking to be completed. This may include
complete plans, construction specifications, designated
contact person, and any items unique to a particular
project.
B. Provide Consultant with copies of or refer Consultant
to any City ordinances modifying the regulations
adopted by the State of California.
C. Provide access to City's office facilities, files and
records as City deems applicable to projects assigned
to Consultant.
D. Provide, from the applicant, the necessary items to
allow building inspection to be completed. This
includes complete plans, construction specifications,
designated contact person, and any items unique to a
particular project.
E. Provide, from the complainant, the necessary items to
allow code enforcement investigation and inspection to
be completed. This includes the case file 9f the
assigned complaint.
2ptyWilldanR1
July 1, 2003
Page 21
F. Access to City's Permits Plus system to record
inspection results.
11. Compensation:
A. Compensation for each plan review under Section 8.A.1.
shall be 65-percent of the City's adopted Plan Check
Fee as set forth in the City's Master Fee Schedule and
includes one plan re-check.
B. Section 8.A.6 meetings and Section 8.A.7 initial
correspondence shall be compensated pursuant to A above
or C below in connection with the related plan review.
C. Compensation for each position hired as extension of
staff, or the hourly charge for second or subsequent
plan re-checks for plans in review under Section 8.A.1.
shall be based on the rate schedule below:
Rate Schedule
Category of Employee Hourly
of Consultant Rate
Supervising Plan Check Engineer $115
Plan Check Engineer $105
Senior Plans Examiner $95
Supervising Building Inspector $95
Plans Examiner $85
Senior Building Inspector $85
Building Inspector $75
Assistant Building Inspector $65
Code Enforcement Officer $60
(X) Hourly rates may increase by up to 5% for services rendered
after July, 2004 if City determines in its sole discretion that
any one of the following conditions has been met:
2ptyWilldanR1
July 1, 2003 Page 22
One 5% price increase only per year after the first year as
a result of: '
1) Manufacturer or supplier price increases in the
service provided; or
2) Governmental or regulatory agency increases to the
trade; or
Regional Consumer Price Index (CPI) increases to the industry.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
Reports, not to exceed $ :
Copies, not to exceed $ :
Travel, not to exceed $ :
Printing, not to exceed $ :
Postage, not to exceed $ :
Delivery, not to exceed ~ :
Long Distance Telephone Charges,
not to exceed $
) Other:
13. Contract Administrators:
City: Lou E1-Khazen, Deputy Building Official, Planning &
Building Department, City of Chula Vista, 900 Lane Avenue, Suite
200, Chula Vista, CA 91914, Te1:(619)691-5007, Email:
lelkhazen@ci.chula-vista.ca.us.
Consultant: Aaron J. Goodman, Project Manager, Willdan,
9275 Sky Park Ct, Suite 110, San Diego, CA 92123, Tel: (858)467-
6950, FAX: (858)467-1346.
14. Liquidated Damages Rate:
( ) $__ per day.
( ) Other:
2ptyWilldanR1
July 1, 2003
Page 23
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of. Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
Category No. 1. Investments and sources of
income.
Category No. 2. Interests in real property.
Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
Category No. 4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
Category No. 5. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
Category No. 6. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the
designated employee's department to provide
services, supplies, materials, machinery or
equipment.
Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
2ptyWilldanR1
July 1, 2003 Page 24
16. ( ) Consultant is Real Estate Broker and/or Salesman
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:
C. City's Account Number: 12331-6301
19. Security for Performance
) Performance Bond, $
) Letter of Credit, $
) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage,, or
"Retention Amount,, until the City determines that the
Retention Release Event, listed below, has occurred:
( ) Retention Percentage: %
( ) Retention Amount: $
Retention Release Event: ( ) Completion of Ail Consultant Services
( ) Other:
2ptyWilldanR1
July 1, 2003
Page 25
COUNCIL INFORMATION MEMORANDUM
DATE:
October 6, 2003
TO:
The Honorable Mayor and City Council
/!~
David D. Rowlands Jr., City Manager,1 ~
James D. Sandoval, Acting Director of Planning and Building - J \ -
Naming of Village Six Neighborhood Park
VIA:
FROM:
SUBJECT:
Due to a request by one of the Village Six developers, Staff requests that the City Council
continue Agenda Item # 10 on the Naming of the Village Six Neighborhood Park on the October
7, 2003 City Council Agenda. Staff request the item be continued to the October 21, 2003 City
Council meeting.
)-/
- --..- -- ---..-........-....---------
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
10
10/7/03
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista approving the
proposal to name the Otay Ranch Village Six Neighborhood Park "Santa
Venetia Park".
SUBMITTED BY: Acting Director of Planning and Building
Director of General Services J\-~.
Director OfPUbl.i.C W~. r peratiJIÍ.s
Director of Recreatio
a¡", \ )
REVIEWED BY: City ManageK>r \.~ / (4/5ths Vote: Yes_No lQ
On May 27, 2003, the City Council approved the Master Plan for the Village Six Neighborhood
Park. In order to establish a stronger village identity, City staff, the Otay Ranch Company and
the McMillin Company have agreed to name the Village Six Neighborhood Park "Santa Venetia
Park." Santa Venetia is one of the promenade streets that both of the developers of Village Six
(Otay Ranch Company and McMillin Company) share in common.
RECOMMENDATION: That the City Council approve the naming of the Village Six
Neighborhood Park Santa Venetia Park.
BOARDS/COMMISSIONS RECOMMENDATION: On June 19, 2003, the Parks and
Recreation Commission voted (5-0-0-2) recommending that the Village Six Neighborhood Park
be named Santa Venetia Park instead of Magdalena Park, as was their previous recommendation
on April 17, 2003.
DISCUSSION:
Background
One of the City Council's five strategic themes for future growth and development in the City is:
Connected, Balanced and Cohesive Communitv:
Foster a positive and shared community identity; encourage and value public
participation; improve citywide mobility; and promote a balanced mix of housing,
shopping, and employment opportunities.
To implement the Council's strategy, staff believes that a common village name for Village Six
and its major facilities will contribute to a shared community identity. Based on that theme
and strategy, staff has worked with the Otay Ranch Company and McMillin Company to name
Village Six "Santa Venetia." To further implement this strategy, staff and the developers
/0-1
Page 2, Item: 10
Meeting Date: 10/7/03
believe that the Neighborhood Park and Elementary School should also share the same name.
In addition, the introduction to the Village Six Sectional Planning Area (SPA) Plan states that:
"The Otay Ranch General Development Plan identifies the "village" as a
fundamental concept for the development of Otay Ranch. The "village" is the
"building block" for shaping the character and success of the community."
(Village Six SPA, pg. 11.2.1-9)
A common identity for the village can also be a building block for shaping the character and
success of the community.
Proposal
By mutual agreement between City staff, the Otay Ranch Company and the McMillin Company,
the name "Santa Venetia" was chosen. Santa V enetia is one of the promenade streets that the
two developers of Village Six share in common. In addition, the streets within Otay Ranch
Villages' One, Five and Six are predominately named after cities and communities in California
(Santa Venetia is a small community in Marin County north of San Francisco). Of note, the
Otay Ranch Company is marketing their portion of Village Six as "Hillsborough," while the
McMillin Company is marketing their portion of Village Six as "McMillin Lomas Verdes,"
continuing their marketing name from Village One and Five. Both of the developers have agreed
to the common name of "Santa Venetia" and have reflected this name in their respective signage
(Attachments 2, 3,4 & 5).
To establish a stronger sense of community, staff is proposing that the neighborhood park be
named "Santa Venetia Park" in keeping with the future permanent name for Village Six. Staff
will also recommend to the Chula Vista Elementary School District that the Village Six
elementary school be named "Santa Venetia Elementary School."
CONCLUSION:
Staff believes that a shared name for major facilities such as parks and schools in Village Six is
one of the best methods to encourage a common community identity and sense of community.
Therefore, staff recommends that the Village Six Neighborhood Park be renamed "Santa Venetia
Park."
FISCAL IMP ACT: There are no fiscal impacts from changing the park name. The preparation
of this report is covered under the developer's existing deposit accounts.
ATTACHMENTS:
1. Minutes of the June 192003 Parks and Recreation Commission Meeting
2. Example of Monument Sign with Temporary Marketing Name and Village Name: The Otay Ranch Company
3. Example of Monument Sign with Permanent Village Name: The Otay Ranch Company
4. Example of Monument Sign with Temporary Marketing Name and Village Name: The McMillin Company
5. Example of Monument Sign with Permanent Village Name: The McMillin Company
J:\PlanningIHAROLDI VCParkNameCCReport.DOC
10 -2-
city of Chula Vista
Parks and Recreation Commission
Minutes
IÎ71;q. C H M eA.JT (
.,
Thursday - 6:30 p.m.
Public Works Cenfer
June 19, 2003
1800 Maxwell Rd
Meeting called to order by Vice Chair. Don Salcido at 6:31 p.m.
Staft Present:
Buck Martin, Director of Recreation
Dave Byers, Director of Public Works Operations
Andy Campbell. Director of Building and Parks Construction
Jack Griffin, Asst. Director of Building and Parks Construction
Mary Hofmockel. Principal Landscape Architect
Joe Gamble, Landscape Planner II
Martin Miller, Associate Planner
Duane Bazzel, Principal Planner
Larry Eliason, Parks and Open Space Manager
Ed Hall, Principal Recreation Manager
Ted Nelson, Recreation Supervisor III
Margarita Cella no, Recording Secretary
Guests:
Peter Watry, Crossroads II, Representative
John Norman, Brookfield Shea
John Moore, Brookfield Shea
Glen Schmidt, Schmidt Design Group
Peggy Gentry, Chapin Land Management, Inc.
1. Roll Call/Motion to Excuse
Members Present:
Commissioner Rude, Commissioner Salcido, Commissioner
Weidner (arrived at 6:38 p.m.), Commissioner Strahl, and
Commissioner Rios
Members Absent:
Commissioner Ramos, Chair Perondi
MSC (Salcido/Rios) to excuse Commissioner Ramos and Chair Perondi from tonight's
meeting.
2, Public Comments -
3. Action Items
a. Minutes of April 9, 2003 Special Meeting - MSC (Rude/Rios) (Vote 4-0-0-2) to
approve the minutes as presented.
b. Minutes of May 15, 2003 - Move to meeting of July 17,2003
c. OIay Ranch Neighborhood Park - Village 11 - Mr. Joe Gambie (Landscape
Planner 1/) talked briefly about the Neighborhood Park in Village 11, and
introduced Mr. Glen Schmidt of Schmidt Design Group.
Mr. Schmidt stated that this park site is in Village 11, and is the only public
neighborhood park within the Village, and its location is consistent with the
central focus theme associated with the neo-traditional concept. The park is
7 acres north and east of the intersection Windingwalk Street and Exploration
C:\WINDOWS\Temporary Internet Flles\OlK60Bl\PRC Minutes of 6 19 03.doc
Prepared 6/21 !OJ
;0-3
Parks and Recreation Commission
June 19, 2003
Page 2
Falls Drive. West of the park is the future Village 11 Elementary School site.
San Diego Gas & Electric and San Diego County Water Authority easement is
east of the park site, and also serves as an open space backdrop for the park
site. To the north of the park site and a multi-family project, which elevated
approximately 10 - 20 feet higher than the park, and single-family residences
are proposed to be located south of Windingwalk Street and the park.
Mr. Schmidt discussed the recreation programming elements that include:
softball field with overlaid multi-purpose area that is suitable for soccer
activity, children's play area, picnic facilities, basketball court (lighted), tennis
court (lighted, budget permitting), skate component, pedestrian walkways
and paths, comfort station, on-site parking, and pedestrian and security
lighting.
Mr. Schmidt discussed the design theme of the park that includes a ranch
theme, and stated that the park is multi-tiered. In addition, architectural
elements in the park are based on the design principles of Irving Gill, who is a
famed San Diego architect.
Commissioner Strahl asked if dog-waste stations were an element of the park.
Mr. Gamble (Landscape Planner II) responded that dog-waste stations are a
standard park component.
Commissioner Rios asked why the San Diego Gas & Electric easement was not
being used at this park.
Mr. Gamble (Landscape Planner II) responded that San Diego Gas & Electric
was not open to include active recreation on the easement.
Commissioner Weidner asked how much space is allotted for swings, and how
many swings will be available.
Mr. Schmidt responded that 2 sets of swings are available: (1) 4-seat swing in
the school age play area, and a 4-seat swing in the tot-area.
Commissioner Weidner stated that the trellises do not look wide enough for
useable shade for park patrons, and asked about the size of the multi-
purpose field for soccer play.
Mr. Schmidt responded that the trellises could be expanded, and stated that
the multipurpose field meets the city's requirements for soccer field, and is
multifunctional.
Commissioner Salcido asked about the pitch of the field, drainage of the
field, and adequate lighting for the field (not for professional use).
Mr. Schmidt responded that the pitch is 2% and the drainage is across the
field. Ms. Hofmockel (Principal Landscape Archifect) responded that the
lighting issue would be addressed at the July meeting, since staff was
researching acceptable levels of lighting for certain types of play.
Discussion held on the suggested name of the park, "Windingwalk Park".
/D - If
Parks and Recreation Commission
June 19, 2003
Page 3
MSC (Rlos/Strahl) (Vote: 5-0-0-2 Perondi and Ramos absent) to approve the
Master Plan for the Neighborhood Park in Village 11 and recommend it to the
City Council.
MSC (Rude/Rios) (Vote: 5-0-0-2 Perondi and Ramos absent) to approve the
park name for the neighborhood park in Village 11 as Windingwalk Park.
d. Greenbelt Master Plan - Mr. Duane Bazzel (Principal Planner) briefly discussed
the proposed Greenbelt Master Plan. Mr. Bazzel reviewed and discussed the
key issues raised at public workshops. In addition, Mr. Bazzel stated that the
concerns raised (by the public, Parks and Recreation Commission, and the
Planning Commission) were focused in five areas that include: Connectivity:
Clarify Mapping & Text; Public Participation; Implementation Chapter, and
Greenbelt Focus. Mr. Bazzel also distributed a copy of the Greenbelt Master
Plan Meeting Schedule.
Mr. Bazzel also stated that he attended the Environmental and Open Space
Committee of the General Plan Update (made up of Resource Conservation
Commission plus additional environmental representatives from the larger San
Diego community). Their issues included: strengthening comments in the
document regarding the open space program that make up the open space
walk within the Greenbelt system. Comments were made regarding the flood
channel, and the desire to work with government agencies to restore the
area where it is currently concrete (beyond Chula Vista control). In addition,
Mr. Bazzel stated that they expressed support for the plan with focus on the
trails, and connection to the park systems.
Mr. Bazzel stated that at the May 28, 2003 Planning Commission meeting,
concerns raised included: Home Owners Association Fees, maintenance costs
to the City (incase of a catastrophic event) for the trail system, patrolling the
open space system, and safety (in the Otay Valley area).
Commissioner Salcido asked about the southwest section of the Greenbelt
Pian, and asked whether this area wouid be developed or left as an open
space area, and asked about connecting both north and south through mid-
bayfront area.
Mr. Bazzel responded that the Sweetwater Marsh is a protected wildlife
refuge, and development would not take place. There are existing nesting of
birds currently. In addition, there is a joint Master Planning effort with Port
District area (by J Street), to connect both sections to ensure there is a
connected trail system. They are concerned about where open space trails
will be placed; in addition, they have concerns related to having maximum
flexibility with the Master Plan. The City is going to ensure that there is
connected trail system through the area, and have appropriate open space
links with the interface with the bay. The ultimate land-use is unknown at this
time.
Discussion held on signage throughout the system.
Commissioner Strahl commented that he is concerned about how the
Greenbelt will be maintained or what will happen after it is approved by the
City Council.
/0-5"
Parks and Recreation Commission
June 19, 2003
Page 4
Mr. Peter Watry stated that he is pleased that the Commission did not take
action on the Greenbelt Master Plan on May 15, 2003, and waited to receive
additional information from the public and Planning Commission. Mr. Watry
also thanked the Commission for their efforts on the Greenbelt.
MSC (Rlos/Strahl) (Vote: 4-0-1-2 with Perondi and Ramos absent and Weidner
abstained because she was not at the 5/15/03 meeting when substantial
discussion took place about the Greenbelt Master Plan) to recommend to the
City Council to adopt and approve the Greenbelt Master Pian, and request
that Mr. Bazzel return on July 17, 2003 and discuss any substantial changes to
the Master Plan that he received subsequent, and place this item on fhe
agenda as an action item.
e. Renaming the Village Six Neighborhood Park from Magdalena Park to Santa
Venetia Park - Mr. Miller (Associate Planner) informed the Commission that the
City Council, held workshops to develop strategic themes. One of the themes
is: Connected, Balanced and Cohesive Community, and the strategy is to
"Foster a positive and shared community identity; encourage and value
public participation; improve citywide mobility; and promote a balanced mix
of housing, shopping and employment opportunities."
Mr. Miller stated that this strategy was established in part, due to the
difficulties caused by the split in ownership in Village Five and the a lack of
common community identity. Furthermore, Mr. Miller informed the
Commission that in order to accommodate and implement Council's
strategy, staff met with the Otay Ranch Company and the McMillin Company
and the name Santa Venetia was chosen. Santa Venetia is one of the
promenade streets that both Otay Ranch Company and McMillin share in
common.
To establish more of a sense of community, staff proposed that the
neighborhood park be named "Santa Venetia Park" in keeping with the
village name. In addition, staff will also recommend to the Chula Vista
Elementary School District that the elementary school be named Santa
Venetia Elementary School.
Mr. Miller stated that staff concluded that one of the best methods to
encourage a common community identity and sense of community is to use
a shared name for Village Six and its major facilities such as parks and schools.
MSC (Strahl/Rude) (Vote: 5-0-0-2 with Ramos and Perondi absent) to
recommend to the City Council that the Village Six Neighborhood Park be
renamed from Magdalena Park to Santa Venetia Park.
4. Information Items
a. Year-End Parks and Recreation Commission Report to the City Council - Mr.
Martin (Director of Recreation) briefly discussed the Commission's year-end
report. Chair Perondi will be asked to sign-off on the report.
b. DRAFT - Rohr Park Report to City Council - Mr. Martin (Director of Recreation)
briefly talked about the report that is being submitted to the City Council for
consideration at their July 8, 2003 meeting. Commissioner Strahl stated that he
would be attending that meeting.
10-6
Parks and Recreation Commission
June 19, 2003
Page 5
c. Historical Beli - Mr. Byers (Director of Public Works Operations) informed the
Commission that a proPQsal to place the City's Historical Bell in Memorial Park
was received. Mr. Byers explained that the bell was removed from Chula Vista
and sent to Yucaipa, CA. County Supervisor, Greg Cox, purchased a
replacement bell for Yucaipa, CA in exchange for the City's Historical Bell.
Furthermore, Mr. Byers stated that the plan is to place the bell in Memorial Park
near the Heritage museum. Exact location is still undecided.
d. 3-Acrea Parcel Adjacent to Rohr Park - Mr. Martin (Director of Recreation) stated
that this item would be placed on the July agenda.
e. Otay Valley Regional Park Concept - Ms. Hofmockel (Principal Landscape
Architect) provided a copy of the park concept for review and information
purposes.
5. Unfinished Business - None
6. New Business - None
7. Written Communications - None
8. Commission Comments -
a. Commissioner Rude is attending the town-hall meeting on 6/21/03 at Bonita Vista
High School.
b. Commissioner Strahl stated that cars were towed from the parking lot from the
Chula Vista Golf Course, and stated that the Golf Course handied this in a very
unprofessional manner. In addition, Commissioner Strahl stated that the Golf
Course should have handled this issue differently, and asked that staff report in
July as to what the outcome of this issue is, and status. Proper signage should be
placed, and wanted to go on record as this being an outrage, and disgusting.
c. Commissioner Weidner stated that she received praising for programming at
Heritage Park Center, and stated that the registration was easy. In addition, was
surprised to see that some classes were not being oftered again this session.
d. Vice-Chair Salcido stated that the Public Works Center is an ideal place to hold
Parks and Recreation Commission meetings, and WQuld like to request that a
change in meeting venue be researched and return back in July with this
information.
9. Staff Comments-
a. Recreation Monthly Report - Mr. Martin (Director of Recreation) briefly discussed
the monthly report.
b. Mr. Byers (Director of Public Works Operations) reported that he and a group of
staff visited recreation and park facilities in San Diego. One of the venues that
was visited was the Joan Croc Center.
10. Other - None
Meeting adjourned at 8:38 p.m. to the next meeting of July 17, 2003 to be held in the Mercy
Conference Room.
Submitted by:
Margarita Cellano
Recording Secretary
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/ [) -II
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PROPOSAL TO NAME
THE OTAY RANCH VILLAGE SIX NEIGHBORHOOD PARK
SANTA VENETIA PARK
WHEREAS, in January of 2002, the City Council approved the Sectional Planning Area
(SPA) for Village Six in the Otay Ranch; and
WHEREAS, the Village Six SPA contains provisions for 2,232 residential dwelling units,
including two community purpose facility sites, two school sites, a mixed-use commercial site,
and a seven-acre neighborhood park; and
WHEREAS, on May 27,2003, the City Council approved the Master Plan for the Village
Six Neighborhood Park; and
WHEREAS, in order to establish a stronger village identity, City staff, the Otay Ranch
Company and the McMillin Company have agreed to name the Village Six Neighborhood Park
Santa Venetia Park; and
WHEREAS, on June 19, 2003, the Parks and Recreation Commission voted (5-0-0-2)
recommending to the City Council that the Village Six Neighborhood Park be named Santa
Venetia Park.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the naming of the Village Six Neighborhood Park Santa Venetia Park.
Presented by:
Approved as to form by:
CÀ--~
Ann Moore
City Attorney
Jim Sandoval
Acting Director of Planning and Building
/0-1 ¿
COUNCIL AGENDA STATEMENT
Item II
Meeting Date: October 7, 2003
ITEM TITLE: Resolution Approving the Agreement for Used Oil
Recycling Block Grant # UBG9-03-0097 from the CA Integrated Waste
Management Board, Authorizing the City Manager to Execute All
Documents in Conjunction with Administering the Grant and
Appropriating $85,231 to Implement the Grant.
SUBMITTED BY: Director, Conservation & Environmental Services ~
,. ~'
REVIEWED BY: City Manager~~1" (4/5ths Vote: Yes lL No_)
BACKGROUND: The California Used Oil Enhancement Act requires the collection of four
cents for every quart of lubricating oil sold, transferred and imported into California ftom oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase
oil. The Act mandates the California Integrated Waste Management Board (CIWMB) use a
portion of the funds to provide block grants to local governments for used oil programs that
encourage used oil recycling.
RECOMMENDATION: That the City Council adopt the resolution authorizing the City
Manager to execute all documents in conjunction with executing the grant and appropriating
funds therefore.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: This grant is a "regional" program that includes the Cities ofChula Vista,
Imperial Beach, and National City. The program targets a regional problem that effects all the
Cities that share the South Bay watershed. The primary purpose ofthis block grant is to provide
$85,231 to continue technical assistance and provide new supplies for approximately 40 ftee
used oil recycling drop-off centers established and maintained under the previous grants for the
next year. This grant also funds the Chula Vista and Imperial Beach curbside used oil and oil
filter collection program and may fund a curbside used oil and filter program for National City if
they choose to add them. Grant funds are also used to implement the state required public
education component, which promotes the used oil curbside and drop-off programs for all
participating cities. That public education component will allow the City to continue advertising,
portable displays, point of purchase displays, the used oil hotline, billing inserts and other
promotional activities throughout the South Bay. Grant funds have also been used to provide oil
filter crushers and oil filter collection for at least two automotive related businesses in each
participating city. The grant could also help offset some of the public education and supply costs
associated with used oil recovery at the household hazardous waste facility located at 1800
Maxwell Road. No local matching funds are required by the State, however the City does invest
/' I
! 1-
Item I I
Meeting Date: October 7, 2003
some public education funds from the Recycling Program and the Non-Point Discharge
Elimination Program (NPDES) to fund complimentary activities, including but not limited to the
hotline information and reporting program, promotional, and outreach program costs. The grant
also provides funds for overhead costs such as appropriate Administration and Finance
Department support services.
FISCAL IMPACT: The grant will provide $85,231 to implement used oil recycling education
and promotion through the 2003/2004 fiscal year, If approved $85,231 will be appropriated for
this year's fiscal budget. There is no additional fiscal impact as a result of the recommended
action to adopt the attached resolution. The program does not require matching funds, however
it does allow the Special Operations Manager to more effectively compliment other funds
approved by Council for recycling, household hazardous waste and NPDES public education,
collection and prevention programs. The grant provides funds to cover direct and overhead costs
that are required by the program's implementation.
mtrn:used oil
mtrnc:ubg9-030097 -reso-cas
Attachments
//-2
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
APPROVING THE AGREEMENT FOR USED OIL RECYCLING
BLOCK GRANT #UBG9-03-0097 FROM THE CA INTEGRATED
WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION
WITH ADMINISTERING THE GRANT AND APPROPRIATING
$85,231 TO IMPLEMENT THE GRANT
WHEREAS, the California Used Oil Enhancement Act mandates the California
Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block
grants to local goverrunents for used oil programs that encourage used oil recycling.
WHEREAS, the Act requires the collection of four cents for every quart of lubricating oil
sold, transferred and imported into California fÌ'om oil manufacturers; and
WHEREAS, Chula Vista consumers pay four cents per quart into the fund when they
purchase oil; and
WHEREAS, this block grant is a "regional" program that includes the Cities of Chula
Vista, Imperial Beach and National City; and
WHEREAS, the primary purpose of this block grant is to provide $85,231 to continue
technical assistance and provide new supplies for approximately 40 fÌ'ee used oil recycling drop-
off centers established and maintained under the previous grants for the next year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby (I) approve the agreement for Used Oil Recycling Block Grant #UBG9-03-0097
from the CA Waste Management Board; (2) authorize the City Manager to execute all
docwnents in conjunction with administering the grant in final forms approved by the City
Attorney; and (3) appropriate $85,231 to implement grant.
Presented by
Approved as to form by
'"
Michael Meacham
Director, Conservation &
Environmental Services
J:/attorney/reso/grantIUsed Oil Block Grant #UBG9-03-0097
STATE OF CALIFORNIA - ENVIRONMENTAL PROTECTION AGENCY
GRANT AGREEMENT
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
CIWMB11C (NEW 10(96)
NAME OF GRANT PROGRAM
I GRANT NUMBER
UBG9-03-97
2003/2004 Used Oil Block Grants - Ninth Cycle
GRANT RECIPIENTS NAME
Cil of Chula Vista
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
TOTAL GRANT AMOUNT NOT TO EXCEED
95-6000-690
$85.231.00
TERM OF GRANT AGREEMENT
FROM: JuJ 1, 2003
TO: June 30, 2006
THIS AGREEMENT is made and entered into on this ----1.§Lday of Julv . 20--º-ª-. by the State of California, acting through the Executive Director of the California
Integrated Waste Management Board (the "State") and Citv of Chuta Vista(the "Grantee"). The State and the Grantee. in mutual consideration of the promises
made herein, agree as follows:
The Grantee agrees to pertorm the work necessary to implement a local Used Oil & Filter Collection Program as described in the application approved by the
State.
The Grantee further agrees to abide by the provisions of the fol!owing exhibits attached hereto:
Exhibit A· Terms and Conditions
Exhibit B - Procedures and Requirements
Exhibit C . Supplemental Information
Exhibits A, B, AND C attached hereto and the State approved application are incorporated by reference herein and made a part hereof.
The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the'dates entered below,
GRANTEE'S NAME (PRINT OR TYPE]
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
City of Chula Vista
SIGNATURE GRANTEES SIGN~TURE j
- t(!a~ ;Q f2-..~_..J /
I DATE TITLE DATE
Mark Leary. Executive Director City Manager 09/25/2003
(Authorized recresen!atlve)
GRANTEE'S ADDRESS (INCLUDE STREET, CITY, STATE AND ZIP CODE)
276 4th Avenue
-Chula Vi sta, CA 91910
CERTIFICATION OF FUNDING
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE
AGREEMENT
2003/2004 Used Oil Block Grants - Ninth Cycle CA. Used Oil Recycling
$85,231.00
I (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
ITEM ¡CHAPTER rT A TUTE FISCAL YEAR
TOTAL AMOUNT ENCUMBERED TO 3910-602-0100 817 1991 2003/2004
DATE OBJECT OF EXPENDITURE (CODE AND TITLE)
585,231.00
1000-75100-702
I hereby certify upon my own persona! knowledge that budgeted funds are available T.B.A. NO. B.R. NO.
for the period and purpose of the expenditure stated above.
SIGNATUrF ACCOUNTING OFFICER e---t DATE
- /t J (2.ÜJL 11.,L- (2' G&c.IL-,",,- 9/q~ -,
1 u___/
I
~
S~ATE OF ~ALIFORNIA CALIFORNIA iNTEGRATED WASTE MANAGEMENT BOARD
GRANT PAYMENT REQUEST
CIWMB 87 (rev. 10/2002)
SEE INSTRUCTIONS ON BACK
I GRANTEE'S NAME (AS APPEARS ON GRANT AGREEMENT) 2 GRANTEE'S ~NVOICE NUMBER 3, GRANT NUMBER ASSIGNED BY CIWMB
City of Chula Vista UBG9-03-97
[] REIMBURSEMENT [~ADVANCE r-]FINAL
Ol $85,23'i .00
City of Chula Vista
Lynn France, Conservation Coordinator
276 4th Avenue, Chula Vista, California 91910
CERTIFICATION
8. I cedify that the above information is correct and that afl funds received have been or will be expended in accordance wllh the approved agreement for
California Integrated Waste Management Board grant funding.
og/ s/ oo3
David D. Rowlands, Jr., City Manager
9 AMOUNT OF PAYt, IENT REQUESTED S85,231.00
10 OTHER S
11 AMOUNT APPROVED S85,231.00
12 LESS WITHHOLD (iF APPLICABLE AND AUTHORIZED IN GRANT AGREEMENT} $8,523.10
S
13. AMOUNT AUTHORIZED FOR PAYMENT $76,707,90
14 COMMENT(S) 15. DATE RECEIVED
16 CIWMB PROJECT MANAGER APPROVAL CATE APPROVED
17 CIWMB GRANT PROGRAM MANAGER APPROVAL DATE APPROVED
PAGE 1, ITEM NO.: ~t
MEETING DATE: 10/07/03
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING STAFF TO PREPARE A CITY COUNCIL POLICY FOR THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS INCLUDING: (1) ESTABLISHMENT OF
DEVELOPMENT OPTIONS; (2) ESTABLISHMENT OF PROGRAM
REQUIREMENTS; AND (3) ESTABLISHMENT OF A PRIORITIZATION
SYSTEM FOR THE SELECTION OF BUYERS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~.~r-"~
REVlE1MED BY: CITY MAHAGER~ i ,0r/
4/5THS VOTE: YES ~-~ NO
BACKGROUND
During a recent public hearing regarding a proposed affordable rental development within the
EastLake community, the City Council directed staff to provide information outlining how
affordable for-sale housing is developed and the factors that are considered to ensure the for-
sale units are appropriately restricted as affordable.
In response, staff assembled an Affordable Housing Working Group ("Working Group") made up
of builders, lenders, real estate professionals, the City's Housing Advisory Commission, and other
industry stakeholders. The purpose of the Working Group is to evaluate and provide input on a
variety of existing and proposed housing policies, programs and processes to assist staff and the
Council in effectively meeting the affordable housing needs of our residents and community. The
Working Group membership is designed to be modified and tailored to meet the needs of the
particular subject matter that is being evaluated. The first policy issue is the establishment of
implementation guidelines for the development of affordable for-sale housing, which is now
being presented for Council consideration.
RECOMMENDATION
That the City Council approve a resolution directing staff to prepare a City Council policy for the
development of affordable for-sale housing for Iow-income buyers including development
options, program requirements and establishment of a prioritization system for the selection of
buyers.
PAGE 2, ITEM NO.: ~-
MEETING DATE: 10/07/03
BOARDS/COMMISSIONS RECOMMENDATION
The Housing Advisory Commission recommended that the City Council direct staff to prepare a
City Council policy for the development of affordable for-sale housing including the mo
recommended development options, program requirements and establishment of a prioritization
system for the selection of buyers.
DISCUSSION
The Working Group for the initial topic of "affordable for-sale housing developments" was
comprised of stakeholders in the housing and building community including members of the
Housing Advisory Commission, representatives for residential developers/builders, affordable
housing developers/builders, mortgage lenders, and homebuyer counseling agencies. Two
meetings were scheduled with the Working Group to discuss this topic.
At the first meeting on August 13, various mechanisms for implementing affordable for-sale
developments were discussed. Staff presented information regarding the ~vo most common
methods applied to affordable housing developments: Recapture Restriction and Resale
Restriction and suggested that the Working Group identify the preferable method. The Recapture
Restriction method allows for the City to share the equity with the homebuyer upon subsequent
sale. The Resale Restriction method is the implementation of a deed restridion for a period of
time on the unit, which restricts the occupancy and any subsequent sales to qualified Iow-income
homeowners. Currently, the City of Chula Vista has had experience with the Recapture Restridion
only. Staff surveyed other California cities to determine what methods were most often utilized.
The results are included as Attachment 1. In addition, information was presented regarding the
calculation of the "affordable sales price" and State Redevelopment law.
The Working Group agreed with the factors used to determine the "affordable sales price"
calculation. However, there was significant discussion regarding the advantages and
disadvantages of each affordable for-sale development method. The main concern was that
there be enough flexibility in the alternatives to more fully implement the goals and objectives of
the City's Affordable Housing Program. The Working Group recommended that more than one
development method be formulated which would be more responsive to the different dynamics
and real estate market conditions within various areas of the City. Therefore, staff was directed
by the Working Group to develop several alternative development methods for review at the next
meeting.
A. Affordable For-Sale Housinq Development Options
At the meeting of August 27, the following three alternatives were presented with examples of
each.
Option 1: Market Rate Price using Silent Second Loan and Equity Share
.... PAGE 3, ITEM NO.:
MEETING DATE: 10/07/03
2: Recapture Restridlon
3: Resale Restriction
The th'~"iOPfions are briefly described below with associated advantages and disadvantages
hlghligF ,' Attachment 2 provides an example of each alternative method.
OPTION I1 ? MARKET RATE PRICING AND EQUITY SHAR=
ObieCti~':~i'~, ~ ~. ~ Promote. long-term res'dency whde' providing opportun ty for homeowner to
i i ~ . ,, ,, _ '_ benefit
'i ~.' .,v~ . rrom equ ty w th ability to move ua into other homeowner ' '
rlow..!,'.,I,t!?.w0rKs: Determine "Affordable Sales Price" and Market Rate Price of unit.
DeveloPe?/Builder provides "silent second loan" to the buyer in favor of the Ci for the d fference
betwb~h~i'~h'~f'6ffordable and market price. Therefore, the buyer only ha~Yto quahfy at the
affordbl~l~i'~p'~ice but the unit is sold at the market rate price.
The buy~',s,;~:epayment of the silent second aah wou d not be due unt ·
': ..~, . . I sale, transfer, refinance
renta ~orT/c~ange ~n t~tle. At the time of repayment, grinciDa oan amount w,~. ~t h,~ ,~,,o ,~ '
port~op ;o.f' equ ty based upon the ength of t me the borrower has occu ed the un t mu t
,:":, h'~ . .. . P phed
by th~ip,eF, c, enf of fhe ~mtlal "C~ty mteresf" silenf second oan) n the properly and the housin
index. ¢' , g
Advantages:
~ Less stigma of "affordable" housing in community
~ Maintains market rate price instead of creating artificial "affordable" price
' Affordable buyers on y qualify for affordable price
> Li~SS financ al burden on household because payments on second loan deferred
>'i'F~hds,, due upon sale/transfer/etc, can be used for future affordable housing programs
ram is fairly easy to administer
Depending upon real estate market condmons equity recapture m add t on to repayment
~f:'s~bnd loan may place additiona financial burden on homeowner
~' Funds repaid (2nd loan plus equity) may not be enough to "replace" unit, particularly in
the current market
~ P6tx -
~nflal loss of mixed-income development as initial unit goes to market rate rather than
. remain "affordable" upon resa e
>,:~ DiSPersion of affordable units unlikely in this scenario
OPTION 2: RECAPTURE RESTRICTION
Objective: Provide opportunity fo purchase unit that is "affordable" while receiving tax
benefits and building equity in property allowing for potential to "move up" into
other homeownership properties.
PAGE 4, ITEM NO.: ~
MEETING DATE: 10/07/03
Now It Works: Determine "Affordable Sales Price" and sell unit to Buyer at this price.
Implement Deed Restriction for Equity Share program for up to 45-year period, consistent with
Redevelopment Law. No payments due until sale, transfer, refinance, rental or change in title, at
which time Homeowner must share equity with City based upon formula which calculates
percentage of equity share based upon length of time that Homeowner has remained in the
property. Equity share in this option should be significant to encourage homeowner to stay in
property.
Advantages:
City's level of equity share encourages buyers to remain in property for longer period of
time therefore maintaining life of affordable unit
More affordable buyers able to qualify
City receives funds upon sale/transfer/etc, to use for future affordable housing programs
Program is fairly easy to administer
Disadvantages:
Homeowners may still sell property within shor~ period of time and City will lose the unit
Funds repaid may not be enough to "replace" unit, particularly in the current market
Definition of equity is subjective and difficult to define
Potential loss of mixed-income development. Unit goes to market rate rather than remain
"affordable"
> Stigma of "affordable" unit and buyer at initial sale
OPTION 3: RESALE RESTRICTION
Objective: Provide opportunity to Iow-income buyer to receive tax benefits of ownership and
build limited equity in property while maintaining long-term affordability of property.
Hew It Works: Determine "Affordable Sales Price" and sell unit to Buyer at calculated price.
Implement Deed Restriction that requires that all subsequent sales for designated period of time,
45 years, must be to "qualified affordable" households purchasing at an "affordable" sales price.
City may have First Right of Refusal in situations where seller cannot find a qualified buyer or if
there is a default on the loan.
Advantages:
Unit remains affordable for designated period of time
Affordable sales price makes it more likely that more Iow-income buyers will qualify
Unit does not have to be "replaced" during the 45-year period of affordability
Disadvantages:
Process may be difficult for Homeowner and potential buyers to understand
Homeowner may be less likely to make property improvements
Leaves potential for side deals with family and friends on subsequent sales
Potential stigma of "affordable" aflached to unit and homeowner
Difficulty in obtaining financing
PAGE 5, ITEM NO.: , )F"~
MEETING DATE: 10/07/03
Real estate agents may unwilling to list properly
Administratively cumbersome for staff
The Working Group reviewed each of the three alternatives and after much discussion
recommended Options 1 and 2 with some modifications to Option 1. Option 3 was rejected
because of: 1) the potential financial obstacles including difficult7 in obtaining primary financing
and refinancing opportunities; 2) the onerous administrative burden; and 3) the difficult,/it would
pose to homeowners (e.g. finding a replacement buyer who could meet the income and purchase
requirements). The Working Group preferred Options 1 and 2 because they both provide
affordable homeownership opportunities to Iow-income families while also ensuring that both the
homeowner and the City receive equity from the subsequent sale without stigmatizing the unit as
"affordable." Additionally, the Working Group considered that having ~wo alternative
development methods available would provide more flexibility for the City since the needs and
objectives for future proposed development might differ given the location of the proposed
proiect and market conditions.
B. Affordable For-Sale Housing Program Features and Loan UnderwrJtin~l
In addition to making recommendations regarding the above options, the Working Group also
discussed standard program features and loan underwriting that may be required for all
proposed affordable for-sale developments.
The standard program features would include the following:
1. All "affordable" units must be sold to buyers that meet both the income-based and cost-
based measures of affordability. The cost-based measure will not exceed 36% of gross
income.
2. Units will be priced according to whether or not developer receives any financial
assistance or incentives. If the City provides assistance, the units will be priced at 70% of
AMI, otherwise, they may be priced at 80% of AMI.
3. Developer will market two-bedroom units to households of three or greater and three
bedroom units to households of five or greater during the first 90 days of marketing.
After which, the developer may then market the affordable unit to any household size.
Ninety day marketing period shall be defined as the first day that the "affordable unit" is
marketed to the public.
4. City and Developer to jointly coordinate and develop pool of qualified lenders.
Prospective homebuyers must be pre-qualified by one of these lenders in order to
purchase an affordable unit. Homeowner required to a~tend "Homeowner Training
Program"
PAGE 6, ITEM NO.: ~
MEETING DATE: 10/07/03
5. Borrower to sign release authorizing the City to receive a copy of buyer's 1003 (Mortgage
Loan Application), Good Faith Estimate and Underwriting Transmittal Summary (1008) or
similar form from Lender. City to send Approval Notice to Lender before close ensuring
Buyer eligibility.
Loan Underwriting:
Minimum contribution by buyer (3%)
Establish Maximum liquid assets after downpayment and closing cost contribution
Non-occupant co-borrowers not allowed
Cap on total housing ratio (36%)
Cap on debt-to-income ratios (41% FHA, 45% Other Loans)
No cash-out refinancing allowed
C. Prioritization of Affordable Housing Units
The Housing Element of the City's General P~an (1999-2004) establishes goals and policies for
the City to address a number of important housing related issues. The primary goal is to ensure
that decent, safe housing is available at an affordable cost. Goal 3 is to "ensure that an
adequate and diverse housing supply is available to meet the city's existing and future needs". In
addition Goal 4 is to "increase home ownership opportunities for Iow and moderate-income
households". To implement these goals, the Housing Element identifies five-year objectives. To
that end, under the Affordable Housing Program, an affordable housing requirement has been
established which requires residential development projects consisting of 50 units or more to
restrict a minimum of ten (10) percent of the units for occupancy by and affordable to Iow- and
moderate income households, with at least 5% of the units for Iow-income residents and 5% for
moderate income residents.
The 2000 U.S. Census Bureau reports that there are 72,813 people commuting from the Ci~7
and of those, 76.2% or 55,455 are single commuters. The average travel time is 27 minutes. In
addition, the SANDAG 2030 Regional Transportation Plan indicates that although the City has a
high population density, it has very Iow employment density. Therefore, the number of
commuters is expected to rise. It is anticipated that the number of employment opportunities
within the City will increase therefore, a greater supply of housing opportunities within the City
will be required. In order to decrease the number of commuters exiting the City and increase the
jobs-housing balance, a prioritization system that includes opportunities for individuals employed
within the City but who currently live outside is being presented.
The new Housing Element cycle for 2005-2010 is beginning, which provides an opportunity for
the City to establish new policies and guidelines for future affordable housing developments.
Both the City Council and Housing Advisory Commission have expressed an interest in
establishing a policy for prioritizing affordable housing units within the City.
/2
PAGE 7, ITEM NO.: /cs
MEETING DATE: 10/07/03
In order to gain a greater understanding of existing priorifization systems in place, staff surveyed
a number of cities in California to see how they address the issue of prioritization. A summary of
that research is included in Affachment 3. The Working Group discussed the issue and was
presented the survey information and recommends implementation of the following prioritization
system that includes a three tiered approach:
1. Persons who currently live in affordable rental housing units
2. Residents and non-residents employed within the City for at least 90 days before
application submiffal
3. Residents within the City for at least 90 days before application submittal
The Working Group concluded that the three tiers address a variety of issues not only related to
the continuum of affordable housing (Tier 1) but also quality of life and jobs-housing balance. In
order to implement the prioritization system, a deadline would be established for a proposed
development and applications would be sorted according to priority. Upon close of the
application period, it is recommended that a lottery be held utilizing the applications in order of
their priority to further ensure that the seledion process is fair and equitable.
In summary, based on input received from the Working Group, staff supports approval of the
development options that both allow for the development of affordable for-sale housing without
stigmatizing the units and providing revenue to the City upon re-sale for the development of other
affordable housing opportunities within the City. Additionally, the Working Group also has
suggested some common program and underwriting features and the establishment of a
prioritization system for future buyers. If adopted, these development methods would be utilized
to process future affordable for-sale housing developments.
FISCAL IMPACT
There is no direct fiscal impact associated with this requested action. However, when staff comes
back with the finalized Council policy, it is expected that these policies will have beneficial fiscal
impacts associated with a more efficient and effective use of the City's Low and Moderate Income
Housing Fund.
ATTACHMENTS
1. Survey of How Other California Cities Implement Affordable For-Sale Housing Developments
2. Examples of Options 1-3
3. Survey of How Other California Cities Implement Housing Prioritization Systems
J:\COMMDEV~STAFF.REP~10-O7.03~Affordable For Sale Policy- Rev.doc
o ~' ~.
A'I-rACHMENT 2
Utilizing the following assumptions, the three options are presented below.
Maximum Purchase Price l . Househol Size
No. of Household Annual Monthly Monthly Taxes, Funds Max
Bedrooms Size Income Income Housing HOA, Available Max Loan Down Purchase
Cost C~ Insurance for P&I Payment Price
1 1' 35,750 2,979 1,073 334 739 123,277 3,813 127,090
2 40,850 3,404 1,226 361 865 144,293 4,463 148,756
2 3 45,950 3,829 1,379 388 990 165,309 5,113 170,421
4 51,05C 4,254 1,532 415 1,116 186,324 5,763 192,087
3 5 55,10(~ 4,592 1,653 437 1,216 203,013 6,279 209,292
6 59,200 4,933 1,776 458 1,318 219,908 6,801 226,70~
4 7 63,300 5,275 1,899 48(] 1,419 236,803 7,324 244,126
8 67,350 5,613 2,021 502 1,519 253,491 7,84(] 261,331
Down payment 3%
Interest Rate 6%
Term of Loan 30 years
Taxes & Insurance 1.5% of Sales Price
HOA Fees $175/month
Closing Costs & Fees 2.5% of Loan
Maximum Allowable Housing Costs (PITI & HOA) 36% of monthly income
OPTION 1 -EXAMPLE:
No. of Household Max Aff Second Trust Deed Amount
Bedrooms Size Purchase Market Value of Home
Price $ 230,000 $ 240,000 $ 250,000 $ 260,000 $ 270,000
1 1 S 127,090 $ 102,910 $ 112,910 S 122,910 $ 132,910 $ 142,910
2 S 148,756 $ 81,244 S 91,244 S 101,244 S 111,244 S 121,244
2 3 S 170,421 S 59,579 S 69,579 S 79,579 S 89,579 S 99,579
4 S 192,087 $ 37,913S 47,913 $ 57,913 $ 67,913 $ 77,913
3 5 $ 209,292 $ 20,708$ 30,708 $ 40,708 $ 50,708 $ 60,708
6 S 226,709 $ 3,291 S 13,291 $ 23,291 $ 33,291 S 43,291
4 7 S 244,126 N/A N/A S 5,874$ 15,874 $ 25,874
8 S 261,331 N/A N/A N/A N/A $ 8,669
A family of three would purchase a ~wo-bedroom unit for the market rate value of $250,000.
The household would qualify for the maximum allowable purchase price of $170,421 and the
Developer/Builder would provide a Silent Second Loan for the difference of $79,579, which is
approximately 32% of the market rate value.
Assuming a sales price of $350,000, at the time the owner sells the property, they would make
full payment to the City on the principal of the Second Loan ($79,579) plus an additional 32% of
the remaining equity. Based upon the example given, the total amount owed to the City upon
resale would be $118,114.
SECOND LOAN Et EO. UITY SHARE
Current Sates Price (5 years later) $ 350,000
1st Loan $ (150,000)
2nd Loan $ (79,579)
Remainin~ Equity $ 120,421
Times Housin~ Index 32.0%
Equity Share (City) $ 38,534.72
TOTAL OWED CITY (Znd Loan & Equity Share) S 118,114
EQUITY TO HOMEOWNER (Remaining Equity minus Total Owed to City) $ 81,886
OPTION 2-EXAMPLE
Years of Occupancy City Equity Share Homeowner Equil,/Share
1-5 80% 20%
6-10 60% 40%
11 - 15 50% 50%
16-20 40% 60%
2 ]-25 30% 70%
26-30 20% 80%
31-35 10% 90%
36-45 5% 95%
A family of three purchases a two-bedroom unit for the maximum allowable purchase price of
$170,421. Five years later, the owner sells the property for $350,000. At such time, the owner
would pay the City its share of the equity in the home. Based upon five years of occupancy the
City would receive 80% of the equity while the homeowner received the remaining 20%.
Assuming that the owner contributed $5,112 in downpayment at initial purchase, payoff for the
existing 1st mortgage is $150,000 and closing costs for the sale of the home equals $8,750 the
remaining equity would be $186,138. The City's portion of the equity would therefore equal
$148,910, and the homeowner's equity share would equal $37,227 plus $13,862 from the
original downpayment investment and closing costs.
RECAPTURE OF EO. UlTY
Current Sates Price $ 350,000
Minus Homeowner's Costs $ 163,862
Remainin[ Equity $ 186,138
Times % of City Share 80%
CITY EQUITY SHARE $ 148,910
HOMEOWNER EQUITY SHARE S 37,228
"Equity" is defined as the dollar amount that constitutes the difference between the sales price of
the Property and the sum of the following amounts:
1. Principal on the First Note and the Deed Trust; and
2. All costs of sales, including cost of brokers' commissions, escrow fees, title costs and
fees, recording cost, etc.; and
3. Current year taxes, including all real estate taxes calculated to the date of sale; and
4. Borrower's down payment not including the loan from the City to Borrower; and
5. All principal paid down on the First Note and Deed of Trust.
OPTION 3
OPTION 3-EXAMPLE:
A family of three purchases a two-bedroom unit for the initial maximum allowable affordable
purchase price of $170,421. Five years later, the owner sells the property at the restricted affordable
sales price of $231,513. The maximum annual income for the household purchasing the unit would
be restricted at $74,003 (assumes a 10% increase/year).
Based upon the sales price restriction and the maximum qualifying income for the buyer, the equity to
the homeowner upon sale would be $61,092.
ASSUMPTIONS (Five Years Later):
Downpayment
Interest Rate 8%
Term of Loan 30 years
Taxes & Insurance 1.5% of Sales Price
HOA Fees $282/month (assumes a 10% increase/year)
Closing Costs & Fees 2.5% of Loan
Allowable Housing Costs (PITI & HOA) 36% of monthly income
/Vlaximum Purchase Price by Household Size (80% of AMI)
J N°. °f I Household Annual Monthly M°nthiy J Taxes' Funds J Down Max J
Bedrooms S ze ncome J ncome J H°usin8 HOA, Ava lable Max
Cost ~ 36% Insurance for P~tl Loan J Payment Purchase
Price
2 J 31 74,0031 6,1671 2,2201 5711 1,6491 224,5671 6,9451 231'51t1.
RESALE RESTRICTION
Restrlded Sales Price $ 231,513
Minus Initial Purchase Price $ 170,421
HOMEOWNER EQUITY SHARE $ 61,092
J:\COMMDEV~STAFF,REP~10-07*03~Affordoble For Sale Policy Affachments.doc
m
z
COUNCIL RESOLUTION NO. 2003 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DIRECTING STAFF TO PREPARE A CITY COUNCIL
POLICY FOR THE DEVELOPMENT OF AFFORDABLE FOR-SALE
HOUSING FOR LOW-INCOME BUYERS INCLUDING: (1)
ESTABLISHMENT OF DEVELOPMENT OPTIONS; (2)
ESTABLISHMENT OF PROGRAM REQUIREMENTS; AND (3)
ESTABLISHMENT OF A PRIORITIZATION SYSTEM FOR THE
SELECTION OF BUYERS
WHEREAS, The Housing Element of the City's General Plan establishes goals and
policies for the City to address a number of important housing related issues; and
WHEREAS, The primary goal is to ensure that decent, safe housing is available at an
affordable cost; and
WHEREAS, Goal 3 is to "ensure that an adequate and diverse housing supply is available
to meet the city's existing and future needs"; and
WHEREAS, Goal 4 is to "increase home ownership opportunities for low and moderate-
income households"; and
WHEREAS, the City's first Affordable Housing Working Group ("Working Group") was
convened in August 2003, consisting of representatives from a broad cross section of industries
related to housing; and
WHEREAS, the Working Group is an ad-hoc group that is anticipated to meet on an as-
needed basis to evaluate and provide input regarding existing and proposed housing policies,
programs and processes to effectively meet the needs of City of Chula Vista residents and the
community; and
WHEREAS, the first topic discussed by the Working Group was the development
methods available for affordable for-sale housing projects. The Working Group discussed and
recommended approval of two development options for future affordable for sale housing
developments, common program and underwriting features and the establishment of a
prioritization system for future buyers; and
WHEREAS, The Housing Advisory Commission recommended that the City Council
direct staff to prepare a City Council policy at their regularly scheduled meeting on September
24, 2003.
, NOW THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does herebY direct staff to prepare a City Council policy for the development of affordable for-
sale h° gihg for low-income buyers including the establishment of development options,
~"~:~" ~'~i' fi~i?ements and a prioritization system for the selection of low-income buyers.
Approved as to form by
,/:: i:;l/'~: ,', c'~
Laune~M~d.~gan/: ": AnnMo~e
~rector~:OI/~o~umty oeveiopment City Attorney
J \COMMDEVXRESOSVXftBrdable For Sale Pohc~ doc
/-2
COUNCIL AGENDA STATEMENT
Item t ~'
Meeting Date 10/7/03
ITEM TITLE: Report on furore transportation projects submitted to SANDAG for the
proposed TransNet extension
SUBMITTED BY: Director of Engineering~,~
REVIEWED BY: City Manager~ l~ ~]{~ (4/Sths Vote: Yes No X )
SANDAG is currently in the process of working on a ballot measure to extend the TransNet
program. The TransNet program is based on a 1/2 cent sales tax and funds a variety of important
transportation projects throughout the region. The current program expires in 2008. As part of
the process, SANDAG has requested each local agency to submit proposed projects to be included
in the extended program.
RECOMMENDATION: That Council accept staff's report on future transportation projects
submitted to SANDAG for the proposed TransNet program extension.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The current TransNet Program was enacted as Proposition 'A' by the voters of San Diego County
on November 3, 1987. Proposition 'A' enacted a 1/: cent increase in the County-wide sales tax
lasting 20 years for specified transportation programs and projects. However, the TransNet
program will expire in 2008. In order for the TransNet program to continue, voters would have
to approve a ballot measure for the extension of the program. In order to raise public awareness
regarding the TransNet program in advance of the extension becoming a ballot measure,
SANDAG has requested all local agencies to help educate the public in support of the extension
and to submit proposed projects which could be included in the future program. Since this item
was initially on the agenda on August 26, 2003, City staff has met with Mayor Padilla and
Councilmember Rindone and discussed this item with them.
The current TransNet program is primarily used to fund transportation improvement projects.
One third of the TransNet revenues are specified for allocation to the local agencies for local street
and road purposes. The other two thirds are split between two additional primary purposes:
Regional Highway and Public Transit improvements. SANDAG administers the program County-
wide. The Proposition 'A' Ordinance and Expenditure Plan states that the revenue generated by
the sales tax measure will be used solely for transportation improvement projects in accordance
with the following priorities:
1. To repair and rehabilitate existing roadways.
2. To reduce congestion and improve safety.
3. To provide for the construction of needed facilities.
Page 2, Item /~
Meeting Date 10/7/03
The process for the proposed extension of the TransNet program consists of current on-going
discussions/meetings with the various committees/working groups in order to define the proposed
extension and ballot measure. Some of the parties involved in this process include: the ADHOC
Committee, Cities/County Transportation Advisory Committee (CTAC), and the Regional Task
Force. Once the ballot measure and the proposed TransNet extension are established, the
approval of the extension is determined by the voter population. The main objective at this time is
to increase public awareness of the benefits of the TransNet program.
In order to increase public awareness of the TransNet program, SANDAG staff requested local
agencies to submit any possible furore TransNet-funded projects and present the information to
each agency's governing board (i.e. City Council). In accordance with said request, City staff
submitted the proposed project information forms (Attached) for future TransNet funds to
SANDAG to be included in the proposed ballot measure. Chula Vista's total revenues in
TransNet as projected by SANDAG for Fiscal Year 03/04 are estimated to be $4,367,852.
Anticipated revenues for FY 04/05, 05/06, and 07/08 are anticipated to be approximately the
same.
The proposed projects for TransNet funding and their corresponding amounts were submitted to
SANDAG as follows:
PROJECT I AMOUNT
1. Broadway Pavement Rehabilitation (C Street to D Street) $1,000,000
2. Broadway Pavement Rehabilitation (D Street to E Street) $1,000,000
3. Broadway Pavement Rehabilitation (E Street to F Street) $1,000,000
4. Trolley Crossing at Industrial Blvd. and Palomar Street $25,000,000
5. Trolley Crossing at I-5/E Street and I-5/H Street $60,000,000
6. Otay Lakes Road (East H Street to Canyon Drive) $1,045,000
7. Interchange at I-5 and Palomar Street $20,000,000
8. Main Street Widening (Broadway to 1-805) $29,996,000
9. N. Fourth Avenue Widening (C Street to north of Brisbane Street)* $700,000
TOTAL $139,741,000
*This Agenda Statement was originally presented to City Council at the 8/26/03 meeting. No vote was taken for this
item, which was continued to l O/7/03. The limits for Project g9 as presented on the original Agenda Statement listed
the project as Fourth Avenue Widening (E Street to Brisbane Street) and has been revised as shown above due to a
typographical error. The costs for Project g9 does not have to be revised.
The projects as listed involve widening and reconstruction, including but not limited to:
installation of asphalt concrete (A. C.) pavements, retaining walls, curbs, gutters, sidewalks, street
lights, drainage facilities, and other appurtenant facilities. The proposed projects potentially can
be partially funded by TransNet funds, should the extension be made available. Should the
Page 3, Item /, ~
Meeting Date 10/7/03
TransNct program not be extended, the possibility of construction of the aforementioned projects
may be,deemed financially non-feasible
In addition to the aforementioned proposed projects, our existing Pavement Rehabilitation project
for thiS"fiSCal year and future fiscal years are programmed in our CIP using TransNet funds.
Ther~ ~S 'gurrently some ambiguity as to whether or not the proposed TransNet extension will
include a substantial local element as is a part of the existing TransNet program. Impacts to our
CIP wOuld be significant due to funding, or lack thereof, from the TransNet program.
McMiiiiii' ~nd Development has reviewed the TransNet submittal package to SANDAG and has
reque~t, ed,0n a letter dated 8/26/03) that the followin~ ro'ects be inclu '
':,~,.~.:~, ,~ ~ _ P J tied w~th the submittal:
1!",,~} Medm Road (from future Rock Mountain Road to Lone Star Road)
2.; Transit Network Improvements for the Eastern Urban Center
City staff is currently in the process of preparing the General Plan Update. One element of that
Update is a review as to the need for La Media Road to be extended from Rock Mountain Road
south aC?oss the Otay River Valley to Lone Star Road. Pending the outcome of the study, it
appears' Premature to include that segment of roadway as a proposed TransNet project. As the
Generfil:P1an Update is finalized, staff will work with McMillin on details of their proposed
projects. :we do have an opportunity to revise the TransNet project list in the future and these
projects can be added once the outcome of the General Plan Update is known.
Attached for Council's information is the TransNet Fact Sheet of local projects funded by the
TransNet program. City staff encourages City Council to provide suggestions for potential
TransNet funded projects.
FISCAL, IMPACT: TransNet revenues totaling approximately $4,000,000 each year to fund
significfin~t transportation projects could be lost if the TransNet program is not extended.
Attachments - SANDAG information sheet regarding TransNet
Future TransNet submittal sheets
McMillin letter dated 8/26/03
File No. 0390-50-KY 174
J:\Engin~r\AGENDA\Transnet Extension Oct 2003.jcrn. DOC
CHUIA VISTA
TransNet Fact Sheet
H Street Pavement Reconstruction Broadway Pavement Reconstruction
Year Proiect TransNet funding
1 988 San Diego County voters approve Proposition A authorizing TransNet
Bicycle Rest Stop - Bonita Road at E Street ($52,200)
Street Widening - Orange Ave, between 3rd Ave and 4th Ave ($340,700)
1989 Street Reconstruction - Naples Street, between Ist Ave and 2"d Ave ($251,300)
Street Reconstruction - Broadway, from Moss Street to the southern City limits ($2,058,700)
1990 Street Reconstruction - Broadway, from L Street to Naples Street ($1,204,100)
991 Street Improvements - 5th Avenue, from L Street to Orange Avenue ($2,133,300)
Street Improvements - 4th Avenue, from Kittiwake to Del Rey High School ($119,200)
StreetJBridge Widening - Main Street and Industrial Boulevard ($750,000)
Street Widening - Main Street, from I-5 to Industrial Boulevard ($148,000)
992 Street Widening - Broadway, from F Street to I Street ($2,243,300)
993 Street Reconstruction - Broadway, from I Street to L Street ($2,970,200)
994 Street Reconstruction - Broadway, Naples Street to Anita Street ($230,500)
Street Widening - Orange Avenue ($412,600)
Pavemen~ Overlay ($908,650)
S~reet Rec<)nstruction - Otay Valley Road ($150,000)
.~tr~et P. ecorlstruction - Main Street, from Industrial Boulevard to Fourth Avenue ($440.000)
1995 Street Reconstruction - Main Street, from industrial Boulevard to Fourth Avenue ($60,000)
Street Reconstruction - Otay Valley Road, Phase III ($800,000)
1996 Street Reconstruction - Broadway, from Naples Street to Anita Street ($2,108,000
Street Reconstruction - Main Street, from Industrial Boulevard to Fourth Avenue ($550,000)
1 997 Street Reconstruction - Main Street, from Industrial Boulevard to Broadway ($2,039,000
Street Reconstruction - Broadway, from Naples Street to Anita Street ($336,000)
Street Widening - Otay Valley Road ($200,788)
1 998 Street Reconstruction - Main Street, from Industrial Boulevard to Broadway ($2,786,000
Street Reconstruction - E Street, from I-5 to Broadway ($200,000)
1999Street Reconstruction - E Street, from MTDB ROW to Broadway ($1,161,000)
Street Widening - Palomar Street, from I-5 to Industrial Blvd. Phase I ($551,000)
Street Improvements - Otay Recreation Center Street Improvements ($300,000)
Street Reconstruction - H Street, from I-5 to Broadway ($125,000)
Street Reconstruction - Main Street ($85,000)
2000 Street Reconstruction - Main Street ($315,000)
Street Reconstruction - H Street, from I-5 to Broadway ($1,000,000)
Street Reconstruction - E Street, from I-5 to Broadway ($280,000)
2001 Street Reconstruction - Pavement Rehabilitation ($774,000)
Street Reconstruction - Main Street Pavement Rehabilitation ($1,600,000)
Street Reconstruction - H Street ($321,000)
2002 Street Reconstruction - Pavement Rehabilitation ($1,800,000)
Street Widening - Palomar Street, from 1-5 to Industrial ($716,000)
Street Reconstruction - Main Street ($1,800,000)
Main Street Reconstruction
Project Total Cost TransNet State/Federal/ Completion
(in millions) Other Date
Coaster 242.5 89.5 153.0 1995
Mission Valley West Trolley 223.6 116.8 106.8 1997
Oceanside-Fscondido Rail 351.5 26.8 324.7 200.5
Other Capital Improvements 241.7 94.1 147.6 Various
Note: Cost estimates are as of December 2002. Not all projects are fully funded. Funding cod completion dotes
could change based on future budget allocations. TransNet dollars also are used to obtain more federal and
state transportation revenues.
T he Regional Transit Vision is the Ioeg-raege plan for Design work is wrappleg up on the Oceanside to Escondido Light
integrating public transit into communities throughout the Rail Project. The new commuter rail line will serve 15 stations 8long
San Diego region. A number of transit projects funded in part the route from Oceanside to Vista, San Marcos, and Escondido,
by TransNet, are vital to the implementation of this strategy to including stops at MiraOosta Gollege, Palomar Oollege, and
revolutionize public transit in the region. The R'fV is a cornerstone Califomia State University San Marcos. Phase 1 of the inland Rail
of the Regional Transportation Plan, MOBILITY 2030. Trail for cyclists and pedestrians also will be constructed as part of
A major expansion of the Trolley system is underway with the this project. The new rail line will open to passengers in 2005.
six-mile extension of the San Biego Trolley east through Mission TransNet funding is contributing to other light rail projects in the
Valley to La Mesa via San Biego State University (SDSU). The region. The Mid-Coast Trolley is being designed from the Old Town
bridge over I-8 for the Trolley line is taking shape with the main Station to Balboa Avenue. Design work also is underway on a new
pillars now constructed on the north and south Coaster Station at Nobel Brive in University City. This project is
sides of the freeway. At SDSU, the scheduled for completion in 2004.
tunnel is making its way under The region's transit operators also have received TransNet
major funding to add to their bus fleets, increase the number of bus
The shelters, and expand maintenance facilities.
I developed by And, TransNet continues to fund reduced-price transit passes for
M'f'DB, in:conjunctio~. ~ the Cities of San Diego and La Mesa. seniors, disabled, and student passengers.
A number of transit-oriented developments are
planned along the route that will concentrate houses
and jobs around trolley stops. The Mission Valley East
Trolley line is expected to open in 2005.
MAPAREA
Rail
Freeway ~ -
Nobel
Mid-Coast
Projects
I Completed
Project Under Construction \ '" '
, ,. Project Under Development ':~ -:
Walkable Community ~ ~ ',,
Bikeway ~ ' ~'~
(in millions)
· · · throughout the region to fix, improve, and expand
our local streets and roads. Over the life of the program, Carlsbad $21.3
more than one billion dollars in TransNet funding is Chula Vista 34.2,
dedicated to local streets and roads for iudsdictions to make Coronado 6.1
repairs, construct and widen roads, install traffic signals, and Del Mar 2.2
improve interchanges. El Caion 20.8
TransNe~ also contributes one million dollars each year to Encinitas 16.4
suppod and expand the needy 1,000 miles of bikeways in Escondido 28.2
the San Diego region. Projects are ongoing to provide Imperial Beach 6.3
~¢;access to t!ansiti ;build more and better bikeways, and La Mesa 14.5
Lemo'n
Grove
6.8
~~..~(-pahd the::e,~':~e~:fof safe and convenient bicycle
~ii!~i~i§~n on the El Capitan Bike National City 12.5
. .,~ ........~! , Oceanside 33.8
~~ttl'.:ff0~.' 'Mcp!e¥ ~.0. As~i¢ in the County of San
Poway
12.7
from
San Marcos 11.8
Solana Beach 4.5
financing seven innovative Walkable Communities
Vista 20.0
Demonstration Programs. Design and construction of the
County of San Diego 125.5
projects are underway. In Encinitas, sidewalk redesigds and
Bikeways 16.3
landscape changes make walking safer for pedestrians
Walkable Communities 1.0
along Coast Highway. And in San Marcos, a new lighted
Note: TransNet funds allocated as of December 2002·
crosswalk helps guide children across a busy street to their
elementary school.
TransNet funds strengthen the region's infrastructure by
funneling needed dollars to maintain and improve streets,
boost traffic flow, promote pedestrian safety, and open the
roads to bicyclists.
M oro than $650 million in TransNet funding has been including Grossmont Colic=ge to Navajo Road, Elkelton Boulevard
allocated to improve, expand, and better manage our to Jamacha Road, and Troy Street to SR 94. These improvement
wel!-!ra~eled highways dudng the last decade. These funds are and expansion projects on SR 125 are scheduled for completion
c~mbined with state and federal dollars to maximize the use in 2003.
oft~a~p~dation funding to better link and maintain our SR 125 South is now being constructed lo link SR 54 and the
transpoitation network, future SR 905 freeway at the U.S./Mexico border. This project
Progress continues on SR 52 to extend that freeway east also includes completion of SR 54 at SR 125 that will provide a
through Santee to SR 67. Current activity on this $400 million direct link between the South Bay and East County areas. The
highway projes ndudes design and dght..of-way work for the final new section of the SR 54 project will include six lanes with two
twO phases of the project from SR 125 to Cuyamaca Street and carpool lanes.
from Cuyamaca Street to SR 67. In the North County, construction and design work
Tran,~Net dollars financed the first two sections of State Route continues on State Route 78 to widen the freeway eastbound
~ L, etwec,~ Interstates 5 and I5. The entire stretch of this from El Camino Real to College Boulevard. This project is
essential east-west highway connection is scheduled for scheduled for completion in 2006. And State Route 76 will be
completion in 2004. widened from Melrose Ddve to Mission Road, and other stretches
In the East County, progress continues on SR 125 to extend it of the expressway are being improved with landscaping and
fi-om Spdng Valley through Lemon Grove to La Mesa and connect interchange moditications. "
at SR 52 in Santee. Final construction projes~s are underway
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or Interchange: Arterial
Limits: Broadway Pavement Rehabilitation (C Street to D Street)
Length: 0.25 miles
Added Lane Miles: None
Project Description: The project consists of reconstructing the existing structural
pavement section in order to meet current City design
requirements.
Roadway $781,000
Structures $0
Subtotal Construction Costs $781,000
Right of Way $0
TOTAL CAPITAL COST $781,000
Preliminary Engineering (6% of Construction Costs) $47,000
Design Engineering (10% of Construction Costs) $78,000
Construction Engineering (12% of Construction Costs) $94,000
TOTAL SUPPORT COST $219,000
TOTAL PROJECT COST $1,000,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $1,000,000
Project Manager: Jim Holmes 4/30/03 (619/ 397~6068
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $25,000
Structural Section $580,000
Drainage $0
Noise Berm $0
Hazardous Waste Removal $10,000
Slope Stabilization $0
Landscaping $0
Habitat Creation $0
Traffic Electrical $10,000
Traffic Signing & Striping $10,000
Traff~c Management Plan $16,000
Detours $0
Subtotal Roadway Cost ='
$651,000
Contingencies (20% of Roadway Cost) $130,000
Total Roadway Cost -'~
$781,000
Structures
Bridge $0
Retaining Wall $0
Sound Wall $0
Subtotal Structures Cost $0
Contingencies (20% of Structures Cost) $0
Total Structures Cost $0
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $0
Subtotal Right of Way ='
$0
Contingencies (20% of Right of Way Cost) $0
Total Right of Way Cost ~"'
$0
TOTAL CAPITAL COST $781,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or Interchange: Arterial
Limits: Broadway Pavement Rehabilitation (D Street to E Street)
Length: 0.25 miles
Added Lane Miles: None
Project Description: The project consists of reconstructing the existing structural
pavement section in order to meet current City design
requirements.
Roadway $781,000
Structures $0
Subtotal Construction Costs $781,000
Right of Way $0
TOTAL CAPITAL COST $781,000
Preliminary Engineering (6% of Construction Costs) $47,000
Design Engineering (10% of Construction Costs) $78,000
Construction Engineering (12% of Construction Costs) $94,000
TOTAL SUPPORT COST $219,000
TOTAL PROJECT COST $1,000,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $1,000,000
Project Manager: Jim Holmes 4/30/03 (619)397-6068
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $25,000
Structural Section $580,000
Drainage $0
Noise Berm $0
Hazardous Waste Removal $10,000
Slope Stabilization $0
Landscaping $0
Habitat Creation $0
Traffic Electrical $10,000
Traffic Signing & Striping $10,000
Traffic Management Plan $16,000
Detours $0
Subtotal Roadway Cost $651,000
Contingencies (20% of Roadway Cost) $130,000
Total Roadway Cost '
$781,000
Structures
Bridge $0
Retaining Wall $0
Sound Wall $0
Subtotal Structures Cost $0
Contingencies (20% of Structures Cost) $0
Total Structures Cost $0
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $0
Subtotal Right of Way $0
Contingencies (20% of Right of Way Cost) $0
Total Right of Way Cost $0
TOTAL CAPITAL COST $781,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or Interchange: Arterial
Limits: Broadway Pavement Rehabilitation (E Street to F Street)
Length: 0.25 miles
Added Lane Miles: None
Project Description: The project consists of reconstructing the existing structural
pavement section in order to meet current City design
requirements.
Roadway $781,000
Structures $0
Subtotal Construct[on Costs $781,000
Right of Way $0
TOTAL CAPITAL COST $781,800
Preliminary Engineering (6% of Construction Costs) $47,000
Design Engineering (10% of Construction Costs) $78,000
Construction Engineering (12% of Construction Costs) $94,000
TOTAL SUPPORT COST $219,000
TOTAL PROJECT COST $1,000,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $1,000,000
P¢oject Manager: Jim Holmes 4/30/03 (619) 397-6068
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $25,000
Structural Section $580,000
Drainage $0
Noise Berm $0
Hazardous Waste Removal $10,000
Slope Stabilization $0
Landscaping $0
Habitat Creation $0
Traffic Electrical $10,000
Traffic Signing & Striping $10,000
Traffic Management Plan $16,000
Detours $0
Subtotal Roadway Cost $651,000
Contingencies (20% of Roadway Cost) $130,000
Total Roadway Cost ="' $781,000
Structures
Bridge $0
Retaining Wall $0
Sound Wall $0
Subtotal Structures Cost $0
Contingencies (20% of Structures Cost) $0
Total Structures Cost $0
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $0
Subtotal Right of Way
$0
Contingencies (20% of Right of Way Cost) $0
Total Right of Way Cost ="
$0
TOTAL CAPITAL COST $781,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or.Interchange: Arterial
Limits: Trolley Crossing at Industrial Blvd. and Palomar Street
Length: N/A
Added [Jane Miles: None
Project ~13escription: The project consists of constructing a grade-separated trolley crossing along I-5 and Palomar Street
Roadway $11,196,000
Structures $8,100,000
Subtotal Construction Costs $19,296,000
Right of Way $300,000
TOTAL CAPITAL COST $19,596,000
Preliminary Engineering (6% of Construction Costs $1,158,000
Design Engineering (10% of Construction Costs) $1,930,000
Construction Engineering (12% of Construction Costs) $2,316,000
TOTAL SUPPORT COST $5,404,000
TOTAL PROJECT COST $25,000,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $25,000,000
Project Manager: Frank Rivera 5/6/03 (619) 397-6118
Name Date Phone
!?
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $3,000,000
Structural Section $5,000,000
Drainage $700,000
Noise Berm $0
Hazardous Waste Removal $100,000
Slope Stabilization $100,000
Landscaping $100,000
Habitat Creation $0
Traffic Electrical $250,000
Traffic Signing & Striping $40,000
Traffic Management Plan $20,000
Detours $20,000
Subtotal Roadway Cost $9,330,000
Contingencies (20% of Roadway Cost) $1,866,000
Total Roadway Cost $11,196,000
Structures
Bridge $5,000,000
Retaining Wall $1,750,000
Sound Wall $0
Subtotal Structures Cost $5,750,000
Contingencies (20% of Structures Cost) $1,350,000
Total Structures Cost $8,100,000
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $250,000
Subtotal Right of Way $250,000
Contingencies (20% of Right of Way Cost) $50,000
Total Right of Way Cost '
$300,000
TOTAL CAPITAL COST $19,596,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or interchange: Arterial
Limits: Trolley Crossing at 1-51E Street and I-5/H Street
Length: N/A
Added Lane Miles: None
Project Description: The project consists of constructing a grade-separated
trolley crossing along 1-51E Street and I-5/H Street
Roadway $22,406,000
Structures $24,000,000
Subtotal Construction Costs $46,406,000
Right of Way $600,000
TOTAL CAPITAL COST $47,006,000
Preliminary Engineering (6% of Construction Costs) $2,784,000
Design Engineering (10% of Construction Costs) $4,641,000
Construction Engineering (12% of Construction Costs) $5,569,000=
TOTAL SUPPORT COST $12,994,000
TOTAL PROJECT COST $60,000,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $60,000,000
Project Manager: Frank Rivera 5/6/03 (619) 397-6118
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $5,800,000
Structural Section $10,000,000
Drainage $1,500.000
Noise Berm $0
Hazardous Waste Removal $200,000
Stope Stabilization $200,000
Landscaping $300,000
Habitat Creation $0
Traffic Electrical $500,000
Traffic Signing & Striping $100,000
Traffic Management Plan $30,000
Detours $42,000
Subtotal Roadway Cost $18,672.000
Contingencies (20% of Roadway Cost) $3.734,000
Total Roadway Cost $22,406,000
Structures
Bridge $15,000,000
Retaining Wall $5,000,000
Sound Wall $0
Subtotal Structures Cost '
$20,000,000
Contingencies (20% of Structures Cost) $4,000,000
Total Structures Cost ~"
$24,000.000
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $500,000
Subtotal Right of Way $500,000
Contingencies (20% of Right of Way Cost) $100.000
Total Right of Way Cost ~
$600,000
TOTAL CAPITAL COST $47,006,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or interchange: Arterial
Limits: Otay Lakes Road (East H Street to Canyon Drive)
Length: 0.3
Added Lane Mites: 0.3
Project Description: The project consists of widening Otay Lakes Road to the east to add an additional northbound lane.
Roadway $304,000
Structures $180,000
Subtotal Construction Costs $484,000
Right of Way $426,000
TOTAL CAPITAL COST $910,000
Preliminary Engineering (6% of Construction Costs) $29,000
Design Engineering (10% of Construction Costs) $48,000
Construction Engineering (12% of Construction Costs) $58,000
TOTAL SUPPORT COST $135,000
TOTAL PROJECT COST $1,045,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $1,045,000
Project Manager: Sohaib AI-A~ha 4/30/03 (619) 691-5028
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $33.000
Structural Section $120,000
Drainage $0
Noise Berm $0
Hazardous Waste Removal $0
Slope Stabilization $10,000
Landscaping $10.000
Habitat Creation $0
Traffic Electrical $50.000
Traffic Signing & Striping $10.000
Traffic Management Plan $20,000
Detours $0
Subtotal Roadway Cost ~
$253,000
Contingencies (20% of Roadway Cost) $51,000
Total Roadway Cost $304,000
Structures
Bridge $0
Retaining Wall $150,000
Sound Wall $0
Subtotal Structures Cost $150,000
Contingencies (20% of Structures Cost) $30,000
Total Structures Cost $180,000
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $100.000
Mitigation Property Acquisition $255,000
Utility Relocation $0
Subtotal Right of Way $355,000
Contingencies (20% of Right of Way Cost) $71,000
Total Right of Way Cost $426,000
TOTAL CAPITAL COST $910.000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or Interchange: Arterial
Limits: Interchange at I-5 and Palomar Street
Length: N/A
Added Lane Miles: None
Project Description: The project consists of constructing an interchange at I-5 and Palomar Street
Roadway $9,000,000
Structures $6,000,000
Subtotal Construction Costs $15,000,000
Right of Way $800,000
TOTAL CAPITAL COST $15,800,000
Preliminary Engineering (6% of Construction Costs) $900,000
Design Engineering (10% of Construction Costs) $1,500,000
Construction Engineering (12% of Construction Costs) $1,800,000
TOTAL SUPPORT COST $4,200,000
TOTAL PROJECT COST $20,000,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $20,000,000
Project Manager: Frank Rivera 5/6/03 (619) 397-6118
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $3,000,000
Structural Section $3,170,000
Drainage $700,000
Noise Berm $0
Hazardous Waste Removal $100,000
Slope Stabilization $100,000
Landscaping $100,000
Habitat Creation $0
Traffic Electrical $250,000
Traffic Signing & Striping $40,000
Traffic Management Plan $20,000
Detours $20,000
Subtotal Roadway Cost $7,500,000
Contingencies (20% of Roadway Cost) $1,500,000
Total Roadway Cost ~
$9,000,000
Structures
Bridge $3,000,000
Retaining Wall $2,000,000
Sound Wall $0
Subtotal Structures Cost $5,000,000
Contingencies (20% of Structures Cost) $1,000,000
Total Structures Cost $6,000,000
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $667,000
Subtotal Right of Way $667,000
Contingencies (20% of Right of Way Cost) $133,000
Total Right of Way Cost $800,000
TOTAL CAPITAL COST $15,800,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or Interchange: Arterial
Limits: Broadway to 1-805
Length: N/A
Added Lane Miles: None
Project Description: The project consists of constructing the widening of
Main Street from Broadway to 1-805
Roadway $13,422,000
Structures $7,200,000
Subtotal Construction Costs $20,622,000
Right of Way $3,600,000
TOTAL CAPITAL COST $24,222,000
Preliminary Engineering (6% of Construction Costs) $1,237,000
Design Engineering (10% of Construction Costs) $2,062,000
Construction Engineering (12% of Construction Costs) $2,475,000
TOTAL SUPPORT COST $5,774,000
TOTAL PROJECT COST $29,996,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $29,996,000
Project Manager: Frank Rivera 5/6/03 (619) 397-6118
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork $1,400,000
Structural Section $8.000.000
Drainage $1,000,000
Noise Berm $0
Hazardous Waste Removal $100,000
Slope Stabilization $100,000
Landscaping $135,000
Habitat Creation $0
Traffic Electrical $250,000
Traffic Signing & Striping $100,000
Traffic Management Plan $50.000
Detours $50,000
Subtotal Roadway Cost $11,185.000
Contingencies (20% of Roadway Cost) $2,237.000
Total Roadway Cost $13,422,000
Structures
Bridge $0
Retaining Wall $1,000,000
Sound Wall $5.000,000
Subtotal Structures Cost $6,000,000
Contingencies (20% o[ Structures Cost) $1,200,000
Total Structures Cost $7,200,000
Right of Way
Residential Acquisition $1,000,000
Relocation Assistance $0
Commercial Acquisition $2,000.000
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $0
Subtotal Right of Way $3,000.000
Contingencies (20% of Right of Way Cost) $600,000
Total Right of Way Cost $3,600,000
TOTAL CAPITAL COST $24,222,000
Project Cost Estimate
Agency: City of Chula Vista
Type of Estimate: Preliminary
Arterial or Interchange: Arterial
Limits: E Street to Brisbane Street
Length: N/A
Added Lane Miles: None
Project Description: The project consists of constructing the widening of Fourth Avenue from E Street to Brisbane Street
Roadway $546,000
Structures $0
Subtotal Construction Costs $546,000
Right of Way $0
TOTAL CAPITAL COST $546,000
Praiiminary Engineering (6% of Construction Costs) $33,000
Design Engineering (10% of Construction Costs) $55,000
Construction Engineering (12% of Construction Costs) $66,000
TOTAL SUPPORT COST $154,000
TOTAL PROJECT COST $7g0,000
AMOUNT PROGRAMMED $0
COST TO COMPLETE $700,000
Project Manager: Frank Rivera 5/6/03 (619) 397-6118
Name Date Phone
Project Cost Estimate
CAPITAL COST
Roadway
Earthwork
Structural Section $100,000
Drainage $200,000
Noise Berm $50,000
$0
Hazardous Waste Removal $20,000
Slope Stabilization $0
Landscaping $0
Habitat Creation $0
Traffic Electrical $25,000
Traffic Signing & Striping $25,000
Traffic Management Plan $25,000
Detours $10,000
Subtotal Roadway Cost '
$455,000
Contingencies (20% of Roadway Cost) $91,000
Total Roadway Cost
$546,000
Structures
Bridge $0
Retaining Wall $0
Sound Wall $0
Subtotal Structures Cost $0
Contingencies (20% of Structures Cost) $0
Total Structures Cost
$0
Right of Way
Residential Acquisition $0
Relocation Assistance $0
Commercial Acquisition $0
Goodwill Losses $0
Mitigation Property Acquisition $0
Utility Relocation $0
Subtotal Right of Way
$0
Contingencies (20% of Right of Way Cost) $0
Total Right of Way Cost -
$0
TOTAL CAPITAL COST $546,000
Memo
To: Lo~aine Bennett, Deputy City Clerk
Frorr~ Anne L. Harrison, Constituent Services Manager
Date: 10/2/2003
Re: Appointment to Ethics Commission
Mayor Stephen C. Padilla is nominating Mr. Mark Weatherford to the Ethics Commission.
Please place th~s on the City Council agenda, of October 7, 2003 for ratification. If you have any
questions, please contact me at x5812. Thank you for your assistance.
Anne L. Harrison
Constituent Services Manager
COUNCIL AGENDA STATEMENT
DATE
TITLE: Council discussion and direction regarding
Heartland Communications Facility Authority
SUBMITTED BY: Mayor Stephen Padilla~~/~.~//~3
REVIEWED BY: N/A
BACKGROUND:
In May 2001, the City Cotmcil adopted Resolution 2001-128 wh'mh amended the Fiscal
Year 2000/2001 budget, appropriated $480,154 to the Fire Department and authorized the
City Manager to enter into a Joint Powers Agreement with the Heartland
Communications Facility Authority for fire dispatching services.
The authority had been in existence since 1986 through a JPA consisting of the cities of
El Cajon, La Mesa, Lemon Grove, Santee, Lakeside and the San Miguel Consolidated,
Alpine and East County Fire Protection Districts. At the time our Council adopted a
resolution joining Heartland, the authority had also been providing service to the city of
National City on a non-member contract basis since 1995.
One of the major factors in changing service providers at the time was the fact we were
providing in-house dual dispatching for both police and fire from the police department
communications center. Given that we had ourselves been providing contract services to
other jurisdictions (Imperial Beach and Bonita Sunnyside) coupled with differences in
skills and knowledge required for police and fire dispatch, it was felt a change to allow
independent fire dispatch was needed and warranted.
Recent changes within the Authority itself justify a re-examination of our participation,
which include but are not limited to:
1. The growth of the Authority with the addition of member agencies.
2. Shiffing perspectives of key member agencies within the Authority from a
primarily rural flrefighting perspective, to more urban agencies.
3. Existing Joint Powers Agreement structure may be inadequate to guarantee
accountability and clear lines of policy and administrative authority, and is
out-dated.
4. Current Authority Commission is reluctant to address key issues in re-writing
of the JPA, specifically issues of key concern to Chula Vista.
5. On-going frustration by CV FD staff to have city needs heard and addressed.
6. On-going frustration with ability of chiefs of various agencies to address
serious administrative issues which may impact the proper functioning of
the agency.
7. Many of the advantages cited in the original report to council can now be
achieved and provided independently.
8. City of Chula Vista is the largest member agency, and is nearly 25% of the
financing for the Authority. Chula Vista brings the largest service,
equipment and personnel demand. Despite this, under the current structure
Chula Vista has little or no ability to guide policy or administration at a level
commensurate with it's level of need or risk.
RECOMMENDATION: Council hear and evaluate an oral report from the
Mayor as to these issues in detail, as well as from Chief Perry and key fire department
staff. Provide evaluation and direction.
DISCUSSION: The Mayor in consultation with the City Manager and Fire
Chief have gathered preliminary relevant information as to options to be presented, as
well as potential operational, administrative and fiscal impacts of continuing or
ending membership in the Authority.
This information will be part of the initial oral report seeking formal City Council
direction. Additional attachments for t~ ~e~ ~i~l!~l/~_f~o~c_o_mi_ng:
COUNCIL AGENDA STATEMENT
ITEM:
MEETING DATE: 05101/01
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR
2000/2001 BUDGET BY APPROPRIATING $480,154 TO
THE FIRE DEPARTMENT FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A JOINT POWERS
AGREEMENT WITH THE HEARTLAND
COMMUNICATIONS AUTHORITY FOR FIRE
DISPATCHING SERVICES
SUBMITTED BY: Fire Chief ~"-
REVIEWED BY: City Manager ~ ~ (41$ths Vote: YesX No )
BACKGROUND:
The Fire Department is currently dispatched by the Chula Vista Communications Center
located in the Police Department building. Personnel in the Center am required to
handle the complex task of dispatching both police and fire/emergency medical calls.
Chula Vista has reached the critical volume of calls for police and fire/emergency
medical responses handled by this combination method of police/fire dispatching. In
addition, Chula Vista has joint agreements with the City of Imperial Beach and the
Bonita Sunnyside Fire Protection District to provide fire dispatch services. Due to the
growing size, volume of calls, increasingly complex automation and separate knowledge
and skills required for dispatching fire/medical and police, there is a need to separate
police and fire dispatching. In order to reduce liability and to ensure optimal police and
fire dispatch efficiency, it is necessary to establish a dispatch system strictly dedicated
to fire department functions. Towards that end, it is proposed that the City of Chula
Vista enter into a contract in order to join the Heartland Communications Authority as a
Joint Powers Authority member.
The proposed agreement would replace the existing dispatch contracts and open a new
contract with the Heartland Communication Authority. Compensation for the cost of
providing fire dispatch services would be made by the City of Chula Vista to the
Heartland Communications Authority. These costs would include the "buy in" cost of
joining the JPA as well as the necessary hardware and communication components
required for operation. This change will necessitate the notification and subsequent
termination of the existing contracts with Imperial Beach Fire Department and Bonita
Fire Protection District. The proposed agreements will authorize the Chula Vista Fire
Page
Department as a voting member Of the Joint Powers of the Heartland Communications
Authority. It will also have a positive impact on Fire Department operations and
minimize the potential for City liability associated with the provision of fire dispatch
services.
RECOMMENDATION:
That the City Council amend the fiscal year 2000/2001 budget by appropriating
$480,154 to the Fire Department from the available fund balance of the general fund
and authorizing the City Manager to enter into a Joint Powers Agreement with the
Heartland Communications Authority for fire dispatching services. That City Manager is
hereby authorized to enter into a Joint Powers Agreement with the Heartland
Communications Authority for Fire Dispatching Services, in substantially the form
attached, with modifications subject to City Attorney approval.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
In examination of the various approaches for achieving a stdctly fire dispatching function
three (3) options were evaluated:
1) To create a separate Southbay Fire Dispatch Joint Powers Authority
2) To significantly increase staffing in the current Chula Vista Communications
Center in order to establish a single-role fire dispatch function or
3) To join an existing fully dedicated fire dispatch center
In discussions with other jurisdictions it was determined that creating a separate
Southbay Fire Dispatch JPA was not a viable option. The City of National City joined
the Heartland JPA in 1995 and is very satisfied with the service and is not interested in
participating in a separate fire dispatch JPA. Also Imperial Beach and Bonita Sunnyside
Fire Protection District have indicated that a separate Southbay Fire Dispatch JPA
would be less preferable than joining Heartland. Without full participation of all
Southbay Fire agencies (National City, Imperial Beach, Bonita Sunnyside and Chula
Vista) a separate JPA would be tess efficient and more costly than joining Heartland.
In examination of increasing staffing in the current dispatch center it was determined
that a minimum of 5.5 positions would need to be added in order to establish a separate
and single-role fire dispatch function. As shown in the fiscal impact section, this
approach would not achieve the same efficiency and cost effectiveness as joining the
Heartland Communications Authority. It was also determined that participation in an
existing fire dispatch center would increase efficiency by achieving a "regionalized"
approach to fire service. Such an approach has been successfully underway in Orange,
Riverside and Los Angeles counties for many years.
After careful consideration of these options it was determined that the most efficient
means of providing fire dispatching would be to join Heartland Communications
Authority, an established fully dedicated fire dispatch center. The option of joining
Heartland was determined to be more cost effective than the other approaches of
creating a new JPA or expanding the existing joint police-tire dispatch center.
Heartland Communications Authority
The Heartland Communications Authority (Hear/land) was created in 1987 through a
joint exercise of powers by the Fire Department Zone 4 cities and fire protection
districts. Authority member agencies are the cities of Santee, El Cajon, La Mesa,
Lemon Grove, Lakeside, San Miguel Consolidated, Alpine, and East County Fire
Protection Districts. As set forth JPA Heartland Communications Facility Authority a
copy of which is attached to the resolution. In 1995, Heartland began providing
dispatch to the National City Fire Department under a separate contract.
The County of San Diego entered into two agreements with Heartland in 1998 for
dispatch of the Inland Zone Fire Departments and the Rural Paramedic Program. In
1999, agencies served by Heartland Communications responded to 34,875 fire, rescue
and emergency medical incidents.
Heartland uses a Computer Aided Dispatch (CAD) system for management of all
incident activity. Fire agencies served by Heartland have enjoyed trunked 800
megahertz radio communication since 1990, when the authority implemented a
Motorola SmartNet system. An upgrade of the radio system, completed in 1998, allows
operation on the County of San Diego's Regional Communication System (RCS). The
RCS network provides Heartland Communications with countywide radio coverage,
including the most complete radio coverage available in the South Bay. Heartland is
one of the largest public safety users of the RCS, and is represented as a voting
member of the RCS Board of Directors.
Communications Facility
Heartland was recently remodeled with a new Motorola Central Electronics Bank,
microwave, and computerized operator consoles for use with the RCS. A new
computer based 9-1-1 telephone system is integrated with the CAD. Power backup for
the facility consists of a diesel generator and an 18 kva Uninterruptible Power Supply.
The communications facility meets or exceeds the NFPA 1221 requirements for a fire
dispatch center.
Ten full time and five part-time Fire Dispatchers staff the communication center.
Minimum staffing in the center is currently set with three during daytime hours, and two
at night. A Supervisor, Secretary, and Communications Director are also employed by
Heartland.
Description of Services
Heartland proposes to provide computerized dispatch of all fire, rescue and emergency
medical aid services needs to the City of Chula Vista (City). These services will include,
but are not limited to: a) communicating all alarms, and b) providing communication for
day-to-day operations of the city. Radio communications will take place utilizing the
County of San Diego 800 megahertz trunked Regional Communications System.
Heartland communications and the City of Chula Vista have the legal authority to enter
into an agreement for dispatch services. Government Code 6500 et. Seq. provides that
two or more public agencies, by agreement, may jointly exemise any power common to
the contracting agencies.
Fire and Medical 9-1-1 Public Safety Answering Point
Heartland will assist the County 9-1-1 coordinator to ensure a smooth transfer of 9-1-1
calls in the City to the Heartland Dispatch center. Additionally, any seven-digit
emergency telephone lines serving the City will be transferred to Heartland at no cost to
the City.
Records Management and Incident Reporting System
Heartland will provide licensed access to the new CAD records management system
when it becomes available. Each module will allow individual agency records and
reports. These software modules will be significantly enhanced as part of the CAD
system upgrade currently planned. Heartland will welcome City participation in the
CAD/RMS Project Team. It is anticipated that all RMS records will be provided to
address specific Chula Vista Growth Management Oversight Commission reports.
Integration With Current Dispatch Procedures
Headland staff will work with the City staff to effect a smooth transition. All Heartland
Fire dispatchers and management personnel will receive training specific to City
services, procedures, and Mutual/Automatic Aid agreements. Due to existing vacancies
in the Chula Vista Communications Center no dispatcher positions will be eliminated as
a result of the transfer of fire dispatch duties to Heartland. Heartland will add any new
positions authorized in anticipation of the increased call volume created by Chula Vista
joining their center. Heartland staff will set up the Heartland CAD system with the data
required to dispatch City incidents, as such requirements are clearly defined by City Fire
Department staff. This will include adding run cards and Geofile for City service
boundaries.
Page4
Benefits to Joining Heartland Dispatch Center
It is expected that there will be substantial benefits as a result of joining the Heartland
Communications Authority. They include:
· Standardization
It is anticipated that by joining a fully dedicated fire dispatch center there will be an
increased standardization of operations between fire departments. Such consolidation
of dispatch centers is consistent with the philosophy and mission of the Regional
Communications System. In the event of a major disaster more fire resoumes will be
able to be assembled in a shorter period of time and in greater numbers under such a
consolidation.
· Improved Dispatch Times
it is anticipated that service by Heartland Dispatch will improve overall dispatch times
for Chula Vista Fire units. The alerting system will give fire units advanced notification
via personal pagers and should reduce "turnout" times. Such improvements will assist
the Fire Department in meeting the Growth Management Oversight Commission
Threshold Standards.
· Emergency Medical pre-Arrival Instructions To Callers
Chula Vista residents with medical emergencies will receive Emergency Medical Pre-
arrival instructions utilizing the Heartland Emergency Medical Dispatch (EMD) program.
EMD instruction is designed to begin medical care even before the arrival of firefighters
or paramedics. The system allows the dispatcher to give immediate medical
instructions; including CPR, choking,' and childbirth. Dispatchers are required to
complete a forty-hour EMD certification course and attend continuing education classes
annually in order to provide such instructions. Under the current system we are not able
to provide EMD pre-arrival instructions to callers in Chula Vista.
· CAD interface to Paramedic Ambulance Provider
Heartland will use an existing CAD interface to alert the City's current paramedic
provider American Medical Response (AMR). This system provides nearly instant
notification in the AMR dispatch center by creating duplicate incidents on the AMR CAD
system computer screens. This system has proven to significantly reduce the initial
dispatch time for paramedic units. We currently do not have the ability for CAD
interface and automated notification to the paramedic company. This improved
technology should greatly reduce liability to the City as a result of any failure to notify
paramedics in a timely fashion.
Page 5 / ~"._ ~ q
These benefits of improved dispatch times, standardization of fire service, CAD
interface with the ambulance provider and the' ability to provide pre-arrival medical
instructions are significant improvements over the existing dispatch service. It is
determined that the best and most cost effective way to achieve these quality
improvements for the citizens of Chula Vista is by joining the Heartland
Communications Authority.
FISCAL IMPACT:
The total fiscal impact will be $480,154. This will include $212,054 one time buy-in to
become a Joint Powers Agreement (JPA) member. Another option would have been to
contract with Heartland as a non-JPA member at a higher rate per call and without
voting rights. It is important to become a full JPA member so the City of Chula Vista
will have voting rights on the Heartland Commission. By becoming a JPA member
(rather than a contract agency) we will reduce our cost from $33.10 to $25.80 per call
for an annual savings of approximately $70,000.
As part of this agreement we will purchase eighteen (18) new 800 Mghz portable radios,
radio chargers and batteries at a cost of $76,000. The additional equipment will allow
each on-duty fire fighter to be supplied with a radio. This will improve fire fighter safety
and allow for better communication at fires. In addition, we will need to replace the
current mobile data computers in all fire apparatus. The Police Department has already
made this upgrade for all of their vehicles. We will upgrade to the Litton model MDC at
a cost of $124,000. The new mobile data computers and radios are essential for
optimal communication under the Heartland system.
Heartland uses digital and voice paging systems to notify each fire station. We need to
purchase 50 alphanumeric pagers at a cost of $8,100. This will allow each person on
duty plus all staff officers to be notified of all calls within the City of Chula Vista. We will
also need to purchase a fire station alerting system compatible with Heartland
Communications at a cost of $60,000.
Buy-in Fee $212,054
Portable Radios 76,000
Mobile Date Computers 124,000
Pagers 8,100
Station Alerting System 60,000
Total $480,'1 $4
Page 6
FISCAL IMPACT OF HEARTLAND CONTRACT
costa costs Costa
Start'up Costs $480,154 Heartland Contract $235,000 HeartJand Contract $235,000
Loss Contract Rev. $ 65,413 Loss Contract Rev. $ 65,413
Startup Costs $0
Total $480,154 Total $300,413 Total $300,413!
Savings Savings Savings
Equip. Cost Avoid. $ 70,000 3.5 Comm. Ops. $210,000 5 Comm. Ops. $_~80,800
Training $ 35,000 Training $ 35,000 0.5 Lead Corem. Ops. $ 33,210
Training $ 35,000
Total $105,000 Total $245,000 Total $349,010
Net Cost $375,t54 Net Cost $ 55,413 Net Cost -$ 48,597
Assumptions:
(1) In future fiscal years a physical separation of Police and Fire Dispatch Services
will occur.
(2)Once physically separated, 5 Communications Operators and .5 Lead
Communications Operator will be needed to provide 24 hours of continuous fire
dispatch services.
The table above is a breakdown for the cost of moving fire dispatch from Southbay
Police/Fire Communication Center to Heartland .Communication Center for the current
fiscal year, fiscal year 2000/2001, and future fiscal years.
The first column, titled Current Fiscal Year, describes the initial startup costs. The
$480,154 cost is the total amount of the one-time buy-in and necessary equipment to
· function as part of the Heartland. The savings, of $105,000, is for a station alerting
system, which needs to be bought if we stay with Southbay or go to Heartland
($70,000), There will be additional savings in training if we transfer to Heartland.
Currently monies have been set aside to train dispatchers on Emergency Medical
Dispatch (EMD). This training has been budgeted in the Police Department's current
budget ($35,000). Therefore the total net cost of moving Fire Dispatch to Heartland is
$375,154.
The second column, titled Fiscal Year 01/02, shows the projected cost for Heartland
dispatching our units ($235,000). The exact amount will depend on the number of calls
we are dispatched to during the year. Last year we responded to 9,100 calls. We will
be charged $25,80 per call. There will also be a loss of revenue to the City because we
will no longer provide dispatch services for Imperial Beach and Bonita Fire. The loss is
based upon last year's fees for service to these agencies ($64,413), During the
upcoming fiscal year (FY02), there will be a saving of the cost of 3.5 communications
Page 7
/4--
operators ($210,000) and fire dispatch training ($35,000). Therefore, the net cost for
services by Heartland during that year will be $55,413.
The final column, titled Future Fiscal Years, shows that starting FY03 there will be a net
ongoing cost savings to the city of $48,597. The cost for Heartland Dispatch will be
$235,000. The cost savings in future years will be achieved due to the fact that we
would not be required to fill five (5) Communication Operators positions, a (.5) Lead
Communication Operator position, and the annual fire dispatch training. The total
amount for this required staffing and training would be $349,010. The total cost for
Heartland to provide dispatch services will be $300,413.
The on-going annual fee increases for Heartland Communications Center should
remain Iow and predictable, It will be based upon a formula of the total number of calls,
number of personnel and number of radios per agency. These fees are spread among
all of the JPA members. Any changes in the formula or additional costs must be
approved by a majority of the Joint Powers Authority members.
Page 8
JOINT EXERCISE of POWERS AGREEMENT
CREATING AN AGENCY TO BE KNOW AS THE
"HEARTLAND COMMUNICATIONS FACILITY AUTHORITY'
THIS AGREEMENT, made and entered into this 25th day of June, 1986, by and
between the CI'TY OF EL CAJON (hereinafter "City"), CTI'Y OF LEMON GROVE, C1TY OF
SANTEE, C:tl¥ OF LA MESA, ALPINE FIRE PROTEc.~ ION DISTRZCT, BOSTONLA FIRE
PROTECT[ON DISTRICT, LAKESIDE FIRE PROTECT[ON DISTEtCT, and SAN MIGUEL
FIRE PROTECT/ON DIS"TR/CT, Collectively the "Public Agendes"andindividually "Public
Agency"), all of which are organized and existing under and by virtue of the laws of the
State of California.
W[TNESSETH:
WHEREAS, the Public Agencies are each empowered by law to acquire sites,
construct, equip, staff, maintain, operate and lease public buildings and related facilities
for the purpose of communications; and
WHEREAS, the Public Agencies desire to acquire, equip, staff, and operate a
consolidated regional public safety services communications facility, and to provide a
vehicle for the accomplishment thereof; and
WHEREAS, the Public Agencies desire to accomplish the aforesaid purpose by
jointly exerd$/ng their common powers in the manner set forth in this Agreement.
Now, THEREFORE, the Public Agencies, for and in consideration of the mutual
benefits, promises and agreements set forth herein, AGREE as follows:
SECTION I. Pu. rpose.
This Agreement is made pursuant to California Government Code Sections 6500,
et Sec., hereinafter referTed to as the ~lct'~ relative to joint exercise of powers common
to public agencies. The purpose of this Agreement is to exercise these powers jointly by
equipping, maintaining, operating and staffing a facility leased from the City (hereinafter
"Fadlity"), and providing emergency call receiving and dispatching services to said Public
Agencies. Such purpose will be accomplished and common powers exercised in the
manner set forth in this Agreement.
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Heartland Communications Authority, Joint Powers Agreement
SECTION 2. Term.
This Agreement shall become effective as of the date hereof and shall be
binding, as set forth in SECT[ON 9, upon all parties hereto until the close of the third full
fiscal year following
said effective date, and shall thereafter continue in full force and effect as long as the
number of Public Agencies is not reduced below two (2), or until such time as the
Agencies agree to terminate the Agreement, in the manner set forth in SECT[ON 10.
SECTION 3. Authority.
A. Creation of authority.
Pursuant to section 6506 of the Act, there is hereby created a public entity,
separate and apart from the Public Agencies, to be known as the "Heartland
Communications Facility Authority" (hereinafter "Authority"). The debts, liabilities, and
obligations of the Authority shall not constitute debts, liabilities or obligations of any of
the Public Agencies.
B. Conduct of Business.
The Authority shall uUlize the services of the City in the general conduct of
business, for which the City will be compensated at cost, in accordance with Sections
6505.5 and 6506 of the Act. The City shall notify the Authority each February 15 of the
fee or rate structure for services to be rendered during the following fiscal year. These
charges may be either fiat fee and/or hourly rates, dependent upon the nature of the
service provided. The Authority shall follow and abide by the normal procedures of the
city, unless otherwise expressly set forth in this Agreement, or contrary to law.
C. Commission.
The Authority shall be governed by a Commission, which shall be called the
"Heartland Communications Facility Commission" (hereinafter "Commission"). Each
public Agency which is a party to this Agreement shall have one seat on the
Commission, and shalt fill such seat by appointment from its governing body. A
Commissioner shall serve at the pleasure of the appointing Public Agency, except such
appointee shall cease to be a Commissioner if he/she ceases to be a member of the
governing body of the appointing Public Agency, or if the appointing Public Agency
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Heartland Communications Author'rty, .loint Powers Agreement
ceases to be a party to this Agreement. Each appointing Public Agency shall notify the
secretary of the Commission of their respective appointments. The Secretary of the
Commission shall notify each Public Agency of the appointments of the other parties.
D. Board of Chiefs.
Pursuant to section 6508 of the Act, there is hereby created an administrative entity,
immediately subordinate to the Commissionz to be known as the "Board of Chiefs"
(hereinafter "Board", whose members are hereinafter referred to "Chief(s)"). Each
public Agency shall have not more than two seats on the Board, to be filled by the
respective Agency's Fire Chief if the Authority provides fire dispatch services, and by the
Police chief if police dispatch services are provided. A Chief shall serve at the pleasure
of the Public Agency of which he/she is an employee, except he/she shall cease to be a
Chief if he/she ceases to be an employee of the Public Agency, or if such Public Agency
ceases to be a party to this Agreement. Each of the Public Agencies shall notify the
Secretary of the Board of the names of their respective Chiefs, as applicable.
E. Meetings of the Commission and the Board.
(1) Regular Heetings of the Commission.
The Commission shall provide for its regular meeting; however, it shall hold at
least one regular meeting immediately prior to each April 15, at which meeting the
Commission shall consider and adopt the annual budget for the Authority for the
ensuing fiscal year. The Commission shall provide for such further meetings as may be
needed depending upon the pressure of business or as may reasonably be requested by
any Commissioner. The date and hour at which any regular meeting shall be held shall
be fixed by resolution, and a copy of such resolution shall be filed with each of the
Public Agencies. The place of the' meeting shall be the Heartland Communications
Facility.
(2) Regular Meetings of the Board,
The Board shall provide for its regular meeting; however, It shall hold at least
one regular meelJng each calendar month. The Board may provide for further meetings
as may be needed depending upon the pressure of business or as may reasonably be
requested of the Chair of the Board by a majority of the Chiefs. The date and hour at
which regular meetings shall be held shall be fixed by resolution, and a copy of the
resolution shall be filed with each of the public Agencies. The place of the meetings
shall be the Heartland Communications Facility.
(3) Ralph M. Brown Act
The Commission and the Board shall adopt rules for conducting their meetings
and other business. All meetings of the commission and the Board, including without
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Heartland Communications Authority, .loint Powers Agreement
limitation regular, adjoumed regular, and special meetings, shall be called, noticed and
conducted in accordance with the provisions of the Ralph M. Brown Act (commencing
with section 54950 of the Government code of the State of California).
(4) Minutes.
The secretaries of the Commission and the Board shall cause minutes of regular,
adjourned regular, and special meetings to be kept, and shall, as soon as possible after
each meeting, provide a copy of the minutes to each Commissioner and each Chief,
respectively, and to each of the Public Agencies.
(5-) Quorum.
A majority of the commission and of the Board shall constitute a quorum for the
transaction of business, except that a lesser number may adjourn for lack of a quorum.
F. Officers and Respective Duties.
(1) Chair and Vice Chair of the Commission.
The Commission shall elect a Chair and vice Chair at its first meeting, and
thereafter, at the first meeting held In each succeeding calendar year, the Commission
shall elect or re-elect its Chair and Vice Chair. In the event the Chair or Vice Chair so
elected ceases to be a Commissioner, the resulting vacancy shall be filled at the meeting
of the Commission held after such vacancy occurs. ]~n the absence or inability of the
Chair to act, the Vice Chair shall act as Chair. The chair, or in his/her absence the Vice
chair, shall preside at and conduct all meetings of the Commission.
(2) Secretary of the Commission.
The City Clerk of the City shall be the secretary of the Commission..The
secretary will keep minutes and will prepare an agenda for each meeting of the
Commission. The Secretary will give notice of regular meetings to the commissioners at
least fifteen working days in advance, soliciting any agenda items. The Secretary will
meet joinUy with the Treasurer/Controller and Chair of the Board at least ten working
days in advance to develop the agenda. Agenda items will be supported by appropriate
documentation and explanation. The secretary will deliver the agenda and supporting
documentation to each Commissioner, to each officer of the Authority, and to the Chair
of the Board at least five working days prior to the scheduled meeting.
(3) Attorney of the Authority.
The city Attorney of the City shall be the Attorney of the Authority. The Attorney
shall advise the Commission in connection with any business relating to the Authority.
l'n the event of any conflict bet~veen the city and the Authority, the Commission may
employ other counsel to represent the Authority. The Attomey, upon request, may
advise the Chair of the Board regarding Board business. In the event of conflict, outside
counsel may be employed by action of the Commission only.
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Heartland CommunicaUons Authority, 3oint Powers Agreemen!
(4) Treasurer/Controller of the Authority.
The Director of Finance of the City shall be the Treasurer and Controller of the
Authority. The Treasurer/Controller shall attend the meetings of the Commission, and
shall advise the Commission in connection with any accounting, budgetary, monetary or
other financial matters relaUng to the Authority. The duties and responsibiliUes of the
Treasurer/Controller include, but are not limited to, those set forth in Government Code
Sections 6505, 6505.5, and 6509.5, and shall include the following:
(a) establish, with the Commission's approval, the annual budget format,
accounts, and documentation pertaining thereto which most nearly reflect the objectives
of the Authority and the operation of the Fadlity;
(b) establish and maintain the particular funds and accounts as required by
generally accepted accounUng practices and which most accurately and appropriately
record and report the operations of the Authority as represented by the annual budget
document;
(c) enforce strict compliance with the approved annual budget and approve only
expenditures authorized therein;
d) ensure that all available cash on hand is at all times fully invested in the
City's cash management program and investment portfolio pertaining therete; he/she
will further ensure that sufficient liquidity is maintained to meet the Authority's cash
disbursement needs;
(e) furnish monthly revenue, expenditure and funds status reports to the Chair of
the Board;
0 maintain an inventory of all property of the Authority, and may designate the
Chair of the Board to be custodian of such property;
(g) with advice from the Board, obtain and maintain liability and casualty
insurance for the Authority and for the property of the Authority, respectively; and
(h) make all books and records of the Authority in his/her hands open to
inspection at all reasonable times by representatives of the Public Agendes.
(5) Chair and Vice Chair of the Board.
The position of Chair shall be filled by the City's Fire Chief, unless the City
otherwise relinquishes the posiUon. In the event the City vacates the position or ceases
to be a party to this Agreement, the resulUng vacancy shall be filled by election of a
Chief at the meeting of the Board held after such vacancy occurs. Thereafter, annual
election or reelection shall occur as provided herein for the Vice Chair.
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Heartland Communications Authority, Joint Powers Agreement
The Board shall elect a Vice Chair at its first meeting, and thereafter at the first
meeting held in each succeeding fiscal year, the Board shall elect or re-elect its Vice
Chair. In the event that the Chair or Vice Chair so elected ceases to be a Chief, the
resulting vacancy shall be filled at the meeting of the Board held after such vacancy
occurs. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair.
The Chair, or in his/her absence, the Vice Chair, shall preside at and conduct all
meetings of the Board.
(6) Secretary of the Board.
The City Clerk of the City shall be the Secretary of the Board. The secretary will
keep minutes and will prepare an agenda for each meeting of the Board.
SECTION 4. Powers and Duties.
A. Authority.
The Authority sh41 have the powers common to the Public Agencies set forth in
recitals of this Agreement, to wit: the power to acquire sites and construct, equip, staff,
maintain, operate and lease public buildings and related facilities for the purpose of
communications.
The Authority is hereby authorized in its own name to perform all acts necessary
for the exercise of common powers, including, but not limited to, any or all of the
following:
(1) to make and enter into contracts;
(2) to employ agents and employees;
(3) to acquire, construct, manage, maintain and operate any buildings, works or
improvements;
(4) to acquire, hold or dispose of property within the County of San Diego;
(5) to incur debts, liabilities or obligations;
(6) to receive gifts, contributions and donations of property and funds, services, and
other forms of finandal assistance, from persons, firms and corporations, and
any governmental entity;
C7) to rent or lease communications services to non-public Agencies;
(B) to sue and be sued in its own name.
Such powers shall be exercised in the manner provided in the Act, and, except as
expressly set forth herein, subject only to such restrictions as are imposed upon the City
in the exercise of similar powers.
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Heartland Communications Authority, Joint Powers Agreement
The Authority shall exercise aforesaid powers as needed to implement the
purpose of this Agreement. Pursuant to Section 6504 of the Act, the Authority is
empowered, and by this Agreement required, to assess the Public Agencies to finance
the entire operation of the Authority in the manner set forth in this Agreement. The
Authority may contract indebtedness for capital items only in the manner otherwise
permitted by law. However, long-term financing shall be limited to a ten-year period.
B. Commission.
The Commission, as governing body of the Authority, shall formulate and set
policy, and shall exercise the powers set forth in SECTION 4. A. of this Agreement to
accomplish its purpose. while the Commission retains full control and is responsible for
the affairs of the Authority, it shall rely upon the Board for actual program development,
implementation, and operation. The normal vehicle by and through which this shall be
accomplished is the annual budget, in the manner set forth in this Agreement.
C. Board.
The Board is the administrative arm of the Commission and authorized to act on
behalf of the Commission as necessary for the ordinary conduct of business. The Board
is responsible tothe Commission for development of a consolidated regional public
safety services communications program, and for the leasing of the Facility, acquisition
of equipment, personnel staffing, and full-tine maintenance and operation of the Facility.
The Board shall exercise its authority and responsibilities by and through its
Chair, who shall directly supervise a facilities supervisor, to be known as the
"Communications Director".
SECTION 5. Lease of Facility.
The Authority agrees to lease the city's existing dispatch communications center
and equipment contained therein, presently located at 210 Highland Avenue, EI Cajon,
California. The City agrees to provide a specially designed communications center, with
the exception of equipment, in the City's Fire Facilities Headquarters, The center proper
shall include a dispatch area, supervisors' offices, an equipment room, and a computer
room. The City will provide joint access and use of the building's restrooms, lunchroom,
and multi-purpose classroom/emergency operations center. The communications center
will be known as the Heartland Communications Facility ("Facility'').
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I <[;- B /7
Heartland Communications Authority, .loint Powers Agreement
The Authority may choose to replace all or part of the communications
equipment located in the 210 Highland Avenue center. The city, at its discretion, may
choose to trade in any replaced equipment on the Authority's purchase of replacement
equipment, or dispose of replaced equipment on its own. If traded in, the trade-in value
will be a credit to the assessment against the Qb/for its share of the gross purchase
price of the replacement equipment.
In moving into the new center, the Authority may choose to uUIize all or part of
the aforementioned equipment. The Authority will purchase such equipment outright
from the City at a mutually agreeable fair market value.
A separate lease agreement will be executed between the Authority and the City
to carry out the intent of this section.
SECTION 6. Fiscal Year. Financing. and Annuel Budget.
A. The Authority's fiscal year shall be the twelve month period commencing each
.luly 1, except if the effective date of this Agreement is other than .luly 1, the first fiscal
year shall be a short year commencing the effective date and ending the following ,lune
30.
The Authority shall operate only under an approved fiscal year budget. The
Authority may not operate at a deficit.
8. The Public Agencies shall pay for the entire operation of the Authority, the annual
expenditure budget determining the total amount of assessment required. Each annual
budget shall include a Reserve for Contingency equal to ten percent (10%) of otherwise
budgeted and approved expenditures. Money may be expended from this Reserve only
with the expressed approval of the Commission. The Reserve shall lapse at the end of
the fiscal year. The total assessment against the Public Agencies may be reduced by
expected revenue from executed contracts for dispatch services to non-Public Agencies
and by unexpended/unobligated monies available at the end of the fiscal year prior to
the year for which the budget is applicable.
C. The Commission, in adopting an annual budget, thereby fixes the assessment
against the Public Agencies, which is binding thereon, except as otherwise set forth in
this Agreement regarding default or withdrawal. The amount of assessment against an
individual Public Agency shall be determined, and spedfied in the budget, in accordance
with criteda set forth in a budget polio/established by Resolution.
The budget policy shall include, but is not limited to, the following:
(1) Operation and Maintenance Expenses.
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Heartland CommunicaUons Authority, Joint Powers Agreemen~
The costs of operating and maintaining the Facility and the
communicaUons/computer equipment housed therein shall indude, but is not limited to,
personnel salaries and benefit, office and computer supplies and other consumables,
payments to lease the Facility, and replacement parts necessary to repair Facility
equipment due to normal wear and tear from ordinary usage. ]included in these costs
shall be one-third of the direct costs incurred by the City in operating and maintaining
the joint use areas.
These expenses shall be shared among the Public Agencies in accordance with
the formula of: a 25% weight attached to the relative number of mobile radios; plus
25% weight for the relative number of uniformed personnel; plus 50% weight for the
relative number of incidents. "Relative number" shall mean the percentage determined
by dividing the number for the Public Agency by the total number for all Public Agencies.
The number of mobile radios and uniformed personnel shaJl be the count of such
radios affixed to all vehicles of, and all personnel employed by, the Public Agency's fire
department as of each December 31; the number of incidents shall be the total number
attributable to the Public Agency during the calendar year preceding the Authority's
fiscal year.
(2) Capital Expenditures.
Capital expenditures shall include the cost of odginal purchase of
communications and computer equipment, hardware and other fixed asset type items,
typically having a useful life of more than one year, including equipment improvements
and additions, as opposed to replacement parts for ordinary maintenance during the
useful life of the capital items. All costs associated with such purchase, such as
installation, shall be capitalized. Replacement of equipment at the end of its useful life
shall be a capital item.
Assessment of Public Agencies for capital expenditures shall be in accordance
with the formula for operating expenses set forth in (1), above. Capital expenditures
incurred for and unique to a minority of the public Agencies shall be equally shared by
such minority.
(3) Payment of Assessment.
Upon adoption of the fiscal year budget by the Commission, and the forwarding
thereof to the governing bodies of the Public Agendes by the secretary, the
assessments fixed therein are automatically due and payable without further notice as
follows:
.luly 15: 35% of total assessment
October 15: 25% of total assessment
January 15: 25% of total assessment
Apdl 15: 15% of total assessment
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Heartland Communications Authority, Joint Powers Agreement
The Commission may set a different payment schedule to accommodate the
purchase of capital items, if sufficient monies would not otherwise be on hand to pay for
such purchases.
A five percent late charge shall be imposed upon assessment payments not
received by the Authority within thirty calendar days following the aforementioned due
dates. An additional five percent shall be imposed' if payment is not made within an
additional thirty calendar days. If an assessment including late charges is not paid in full
within seventy-five calendar days following any scheduled due date, the. Public Agency
shall be in default and subject to automatic termination from this Agreement.
D. The Board has the authority to fully implement the approved budget. With the
approval of the Board, the chair may recommend expenditures for approval and
authorize budgetary transfers or adjustments. However, the Board may not exceed the
personnel staffing authorized in the budget, either in number, position classificaUon, or
salary. In addition, the Board may not alter the capital budget, utilize the Reserve for
contingency, or increase the total amount of the approved expenditure budget without
Commission approval.
SECTION 7'. Personn~.
A. The Chair, with concurrence of the Board, is authorized to act on behalf of the
Commission in all matters of personnel administration, given the positions and funding
authorized by the Commission in the Authodt~s budget.
This includes, but is not limited to, hiring, supervisorial direction, performance
evaluations, disciplinary matters, and terminations.
B. The Authority may employ a facility manager, to be known as the
"Communications Director," and communications dispatchers, to be known as "Fire
Communications Dispatchers," and any other positions deemed necessary. The
positions must be authorized and funded in the Authority's annual budget.
C. The Authority may engage the City's personnel Officer to create any needed class
specifications.
D. The Board shall first offer the opportunity of employment to incumbent, full-time
permanent Fire Dispatchers in the city's Fire Department.
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Heartland Communications Authority, .Joint Powers Agreemen
SECTION 8. Dispatch service to Other Agencies.
The Authority may provide dispatch service to public agencies not a party to this
Agreement, but only upon the unanimous agreement of the Board. Such service shall
be by annual contract, executed by the Chair of the Board on behalf of the Commission.
The Board shall establish the amount of charge for the service, which shall be a
minimum fee plus a charge per call, to be billed and paid monthly.
SECT/ON 9. Withdrawal; Termination.
Each public Agency shall remain a party to this Agreement, and share in the
costs of start-up and operation of the Facility, unUI the close of the third full fiscal year
following the date of this Agreement. Zf, in the interim, any Public Agency defaults on
payment of any assessment as defined in SECT[ON 6. C., or otherwise breaches this
Agreement, such Public Agency shall be automatically terminated as a party to this
Agreement. The terminated Agency remains liable for the defaulted payment and late
charges for the balance of the yea?s assessment, and for assessments for years
remaining in the minimum three-year term of agreed participation. Such subsequent
assessments will be determined as if the terminated Public Agency were still a party to
the Agreement; the assessment will be due and payable in full on 3uly 1 of the fiscal
year for which levied.
After expiraUon of the three full years of participation, any Public Agency
defaulting on payment shall be automatically terminated and shall be liable for any
defaulted payments and late charges.
A Public Agency may withdraw as a party to this Agreement without penalty
commencing on the ,3une 30 of the third full fiscal year following the date of this
Agreement, or on any June 30 thereafter, with one hundred fifty (150) days' prior notice
to the Authority. Such withdrawing party shall perform all obligations under this
Agreement until the noticed 3une 30 date of withdrawal.
The Authority retains the right to seek legal redress, if necessary, to obtain
payment of amounts due. A terminated Public Agency or an Agency which withdraws
forfeits any claim to any assets of the Authority.
Notwithstanding the above, however, any Public Agency member which
withdraws shall be obligated to pay to the Authority a sum equal to the percentage of
said member's assessment for the fiscal year ending on the date of withdrawal applied
to the total amount of existing long-term debt of the Authority exisUng on the date of
withdrawal. Said payment can be a cash payment of the full amount or periodic
payments as long-term debt becomes due and payable. Should the withdrawing agency
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Heartland Communications Authority, Joint Powe.rs Agreement
choose to pay such amount as the debt becomes due and payable, such withdrawing
agency shall be responsible for, in addition to the principal payments due, all interest
and finance costs.
SECTION fO. Dissolution.
After the dose of the third full fiscal year following the date of this agreement,
said Agreement shall terminate and the Authority thereby dissolve if the number of
parties to this Agreement becomes less than two, or if the parties unanimously agree to
terminate the Agreement. In either instance, dissoluUon shall only be effective upon a
June 30, but shall in no event be effective until the requirements of SECT/ON 11 are
satisfied.
SECTION ~ 1. Disposition of Assets.
A. This Agreement may not be terminated or disposition of assets made to parties
to the Agreement until the Authority reasonably exhausts all means of collecting any
monies due the Authority, and the Authority. The Commission must formally accept a
final accounting prepared by the Treasurer/controller before any final disposition of net
assets may be made, and termination of the Agreement consummated.
13. If the cause for termination was reduction of the number of parties to the
Agreement to less than two, all net assets of the Authority shall become the. property of
the sole remaining party to the Agreement.
C. If the cause for termination is mutual agreement, the total dollar amount of the
net assets shall be apportioned among such parties according to the relative
assessments paid by those parties during the entire term of the Agreement.
SECTION ~2. Amendment to Agreement.
The Agreement may be amended only by a majority vote of the parties to the
Agreement. Any proposed amendment shall be formally directed to the Commission.
The Commission shall in turn request a formal recommendation from the Board, if
applicable. The Commission shall then review the proposed amendment and
accompanying recommendation from the Board, if any, and forward the proposed
amendment with its own recommendation to the governing body of each party to the
Agreement. The proposal shall be accompanied by a copy of the proposed amendment
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Heartland Communications Authority, .~oint Powers Agreement
to the Agreement, which shall be adopted, properly executed, and returned to the
Commission if the party concurs with the amendment. The Secretary shall notify each
party of the resultant action.
SECTION 13. Additional 'Parties to the Agreement.
Public Agencies, as defined in the Act, which are not parties hereto, may become parties
hereto only by amendment to this Agreement as defined in SE~ I ~ON 12 hereof, and
subject to the following terms and conditions:
A. The additional party shall pay a buy-in fee as determined by majority vote of the
Commission affcer consideration has been given to the following factors:
1. The book value of the Authority's long-term fixed assets (capital
expenditures).
2. The book value of the Authodty's current assets.
3. The Authodty's unappropriated reserves for contingencies.
Such other facts which the Commission believes are germane to a
determination.
B. The effective date of the amendment to this Agreement andinclusion as an
additional party shall only occur on a .luly 1.
Such public agencies which become parties hereto shall be entitled to all the rights and
obligations of, and 'hall become Public Agencies as defined in this Agreement.
SECTION 14, Severabili~.
Should any pa~ term, portion, or provision of this ,4greementor the applicaUon thereof
to any person or circumstances, be In conflict with any State or Federal law, or
otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts,
terms, portions or provisions, or the application thereof to other persons or
circumstances, shall be deemed severable and shall not be affected thereby, provided
such remaining portions or provisions can be construed in substance to continue to
constitute the Agreement that the parties intended to enter into in the first instance6
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Heartland Communications Authority, Joint Powers Agreement
SECTION 15. Successors.
?This Agreement shall be binding upon and shall inure to the benefit of the successors of
bhe. parties hereto.
SECTION 16, Notice of Creation
' i !~ ,',~ A notice of the creation of the Authority by this Agreement shall be filed by the
i iAuthodty with the Secretary of State pursuant to Section 5303.5 of the Act.
IN W17NESS THEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized, and their
official seals to be hereto affixed as of the day and year first above written.
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