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Agenda Packet 2003/11/04
CITY COUNCIL AGENDA November 4, 2003 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'iY OF CHULA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 · ueciare under penalty of perjury that I am employed by the City of Chula Vista in the. Office of the City Clerk and that I posted thIs document on the bulletin board according to Brown Act requirements. AGENDA Dated ~r.Io!; Signed November 4, 2003 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 JACK GRIFFIN, DIRECTOR OF GENERAL SERVICES, OF THE EMPLOYEE OF THE MONTH, MERCE LECLAIR, ADMINISTRATIVE ANALYST II · UPDATE ON THß STATUS OF LOCAL AND REGIONAL FIRES · PRESENTATION BY MAYOR PADILLA OF PROCLAMATIONS RECOGNIZING THE FOLLOWING TEACHERS OF THE YEAR: · Arlene Fink, County Teacher of the Year (Palomar High School) · Sherroll Stogsdill-Posey, County Teacher of the Year (Chula Vista Elementary School District) · Karen Cliffe, Sweetwater Union High School District Teacher of the Year (Bonita Vista High School) · Rosalee Mason, Sweetwater Union High School District Teacher of the Year (Chula Vista Adult School) · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO KAREN HIS TED (pOLICE SUPPORT SERVICES), BEVERLY BRAUNING (CRIME LAB), AMELIA "MILLIE" OSUNA, (DISPATCH), AND JUAN ESTRADA (ANIMAL CONTROL), PROCLAIMING NOVEMBER 5, 2003, AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO REPRESENTATIVES OF CHULA VISTA ELKS LODGE NO. 2011, RECOGNIZING THEM FOR THEIR PATRIOTISM IN CONSTRUCTING A MONUMENT TO THE AMERICAN FLAG NEAR THE TELEGRAPH CANYON ROAD ENTRANCE TO THE LODGE · PRESENTATION OF A CHECK BY TRACI MILLER, LOWE'S STORE MANAGER, TO THE CHULA VISTA FIREFIGHTERS FOUNDATION CONSENT CALENDAR (Items 1 through 14) 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) andsubmit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed afier Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of October 14, October 21 and October 28, 2003. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS · Letter of resignation from Bob McAlister, member of the Safety Commission. Staff recommendation: Council accept the resignation with regret and direct the City Clerk to post the vacancy in accordance with Maddy Act regulations. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 50 M.P.H. SPEED LIMIT ON OLYMPIC PARKWAY, BETWEEN BRANDYWINE AVENUE AND LA MEDIA ROAD, THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER (SECOND READING AND ADOPTION) Based on the provisions of the California Vehicle Code, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Olympic Parkway between Brandywine Avenue and La Media Road be established at 50 m.p.h. This ordinance had its first reading on October 21, 2003. (Director of Engineering) Staff recommendation: Council adopt the ordinance. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING SPEED LIMITS ON EAST PALOMAR STREET, BETWEEN OLEANDER AVENUE AND OLYMPIC PARKWAY, THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER (FIRST READING) Based on provisions of the California Vehicle Code and the Chula Vista Municipal Code, the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on East Palomar Street, between Oleander Avenue and Olympic Parkway, should be established at 35 m.p.h., except at the two segments (from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea and from Santa Cora Avenue to Vista Sonfisa Avenue) where the posted speed limit would be established at 25 m.p.h. The segment between Pasco Ladera and Santa Olivia Road will be posted as a school zone (25 m.p.h, when children are present). (Director of Engineering) Staff recommendation: Council place the ordinance on first reading. Page 2 - Council Agenda 11/04/03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL Adoption of the resolution approves the closure of Center Street and Church Avenue for the purpose of continuing the Chula Vista Downtown Business Association's Farmers' Market at its current location until December 31, 2005. (Director of Community Development) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ROLLING HILLS RANCH SUBAREA III DESILTATION AGREEMENT BETWEEN THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 13, 2003, the Council approved Tentative Map No. 92-02A for McMillin Rolling Hills Ranch. The Tentative Map conditions require that, prior to issuance of the first grading permit, the developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of certain existing and proposed drainage improvements for the project. The developer is also required to enter into an agreement to ensure compliance with the new National Pollutant Discharge Elimination System (NPDES) permit recently adopted by the Regional Water Quality Control Board. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DiEGO FOR THE INTERIM USE OF THE OTAY VALLEY TRUNK SEWER (OVTS) LINE TO EXTEND THE AGREEMENT FOR AN ADDITIONAL 15-MONTH PERIOD, AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT On November 5, 2002, the City of Chula Vista entered into an agreement with the City of San Diego for the interim use of the Otay Valley trunk sewer line. This agreement allowed the City of Chula Vista to temporarily divert up to 2.75 million gallons per day of sewage from the Poggi Canyon trunk sewer to the Otay Valley trunk sewer. The term of the agreement was originally from November 1, 2002, through August 3 I, 2003, and was based upon the completion date of the Salt Creek gravity sewer to which the Poggi Canyon trunk sewer would ultimately be connected. Since the completion of the Salt Creek trunk sewer will be delayed, this amendment is required to allow the continued use of the Otay Valley trunk sewer until November 2004. (Director of Engineering) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda 11/04/03 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT SALT CREEK PARK, LOCATED IN THE EASTLAKE TRAILS NEIGHBORHOOD, SOUTH OF OTAY LAKES ROAD, IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves an agreement with Rudolph and Sletten, Inc. for the provision of services required to design and construct Salt Creek Park. The Council previously approved capital improvement program project #PR251 and the master plan for Salt Creek Park, which conceptually designed and provided for the construction of a completed and fully functional park and recreation center. The project is now ready for the design phase. (Director of General Services) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ADMINISTRATION'S FISCAL YEAR 2004 BUDGET TO iNCREASE THE POSITION OF WEBMASTER FROM HALF-TIME (.5 FTE) WITH BENEFITS TO THREE-QUARTER-TIME (.75 FTE) In 2000, the City commissioned an audit of its internal and extemal communications systems. One of the consultant's primary recommendations was to improve and enhance the City's website. As a result, the website was redesigned and re-launched in October 2002, and a half-time, permanent Webmaster was hired in November 2002. After a year's experience, it is now recommended that the Webmaster position be increased to three-quarter-time permanent due to the work necessary to maintain and enhance the site. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,525 IN UNANTICIPATED REVENUES FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE RECREATION DEPARTMENT FOR SENIOR SERVICES (4/5THS VOTE REQUIRED) The Recreation Department's Senior Information and Referral Services Section was awarded $11,225 in Community Development Block Grant (CDBG) funds for Fiscal Year 2003/2004 as part of the South Bay Senior Collaborative, which is comprised of six local agencies. A portion of this funding, or $4,525, was not included in the Council- adopted budget due to the uncertainty of the actual award amount, the timing of the CDBG awards, and the allocation of funds by the Senior Collaborative. The funds need to be appropriated to supplement funding for two senior service programs, Project Care and Door-to-Door Outreach. (Director o f Recreation) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda 11/04/03 11. 12. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,244 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Castle Park Middle School has been awarded a state grant for the provision of additional after-school programming hours. Adoption of the resolution approves a memorandum of understanding with Castle Park Middle School for the provision of extended after-school program hours for $3,244. These hours are in addition to the existing after-school hours provided by the department to the school. (Director of Recreation) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT, AND TRANSFERRING $150,000 IN STORM DRAIN REVENUES FROM THE DRAINAGE BASIN CONSTRUCTION, EAST OF SECOND AVENUE PROJECT (DR-120) TO THE CORRUGATED METAL PIPE REHABILITATION ON D STREET, FREDERICKA MANOR, AND TWIN OAKS CIRCLE PROJECT (DR-163) On October 29, 2002, an informational memorandum was sent to the Council regarding the Fredericka Manor drainage. Front Pomh Communities and Services signed an agreement for the repair of storm drain pipes on and around Fredericka Manor on July 21, 2003. The work to be done involves the rehabilitation of existing 12-inch, 24-inch, and 30-inch corrugated metal pipes and reinforced concrete pipes on and around Fredericka Manor, east of Third Avenue and D Street. (Director of Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE EXTERIOR ACCESSIBILITY GRANTS FOR RENTERS PROGRAM The California Department of Housing and Community Development has issued a Notice of Funding Availability for the Exterior Accessibility Grants for Renters Program (EAGR), which was established by the passage of Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002. These funds may be used to provide grants for exterior modifications to rental properties to make them accessible to low-income tenants. Staff has requested authorization to submit an application for funding under the EAGR Program. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda 11/04/03 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY APPROPRIATING $60,000 IN SUPPLIES AND SERVICES BASED UPON UNANTICIPATED REVENUES FROM THE STATE OF CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (4/5THS VOTE REQUIRED) The reimbursement program for local law enforcement officer training has been restored from the State of California Commission on Peace Officer Standards and Training (POST). This program reimburses the police department for POST-mandated training costs. (Chief of Police) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaMng during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law~enerally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARING 15. CONSIDERATION OF SUBMITTAL OF A CDBG SECTION 108 LOAN APPLICATION IN THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT During the 2003-2005 budget presentations, it was determined that Chula Vista needed to focus attention in western Chula Vista on infrastructure improvements. In order to facilitate these improvements, it was recommended that Chula Vista apply for a Section 108 loan from the U.S. Department of Housing and Urban Development (HUD). (Director of Community Development) Staff recommendation: Council conduct the public heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF THE CDBG SECTION 108 LOAN APPLICATION IN THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ACTION ITEMS The items listed in this section of the [~genda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 6 - Council Agenda 11/04/03 16. GENERAL PLAN UPDATE STATUS REPORT AND OVERVIEW OF LAND USE CONCEPTS TO BE EVALUATED Since the last General Plan Update (GPU) status report, staff has received community input t~om the Town Hall II meeting regarding broad land use concepts and has worked with RBF Consulting to refine that input into more distinct concept proposals. Staff and select consultants have also completed, and reviewed with the GPU citizen committees, the numerous area-wide studies assessing existing conditions and identifying related planning issues and policy implications. This report summarizes the outcomes of those activities. (Acting Director o f Planning and Building) Staff recommendation: Council accept the report and indicate if the breadth of the land use concepts is sufficient for the purposes of evaluation. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 17. 18. CITY MANAGER'S REPORTS MAYOR'S REP0~-RTS 19. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) City of Chula Vista v. C & S Doctor, Inc. (SDSC No. GIC 787174) C & S Doctor, Inc. v. City of Chula Vista (SDSC No. GIC 803780) Grippi v. City of Chula Vista (SDSC No. GIC 801393) Coon v. City of Chula Vista (SDSC No. GIC 802802) 21. DISCUSSION OF APPOINTMENT OF PUBLIC EMPLOYEE PURSUANT TO GOVERNMENT CODE SECTION 54957 · Title: Planning and Building Director 22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: City negotiators: Negotiating Parties: Under Negotiation: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins City of Chula Vista and San Diego Gas & Electric (various representatives) Price and terms of franchise conveyance Page 7 - Council Agenda 11/04/03 23. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency Negotiator: Negotiating Parties: Under Negotiation: The Chula Vista Municipal Golf Course on Bonita Road and adjacent acreage owned by the City Sid Morris City of Chula Vista (Sid Moms), American Golf Corporation (Brian Jackson) Price, terms, and disposition of lease 24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor's Parcel Numbers 593-031-31 and 593-240-24 Agency Negotiators: Andy Campbell, David D. Rowlands, Jr. and Elizabeth Wagner Hull Negotiating Parties: City of Chula Vista and County of San Diego (John McTighe, Director of General Services) Under Negotiatiom Lease terms and conditions ADJOURNMENT to a Special Meeting on November 11, 2003, at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting on November 18, 2003. (The Regular Meeting of November 12, 2003, has been cancelled.) Page 8 - CotmcilAgenda 11/04/03 RECEIVED October 13, 2003 '03 œT 16 AlI:29 Mayor Stephen C. Padilla City Of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910-2699 GiiX' @f:6HUlA,~¡' ét't'Y Cf:HRICS ¡}f\fitt ¡ '5 Re: Resignation from Chula Vista Safety Commission Honorable Mayor Padilla: It is with great sadness that I submit this letter of resignation fi'om the Chula Vista Safety Commission. It is unfortunate that due to my ongoing work commitments and travel schedule, I must step aside and ask that you find a qualified replacement to assist my colleagues in continuing to move the Safety Commission forward. I leave with a heartfelt gratitude and appreciation of my colleagues on the commission, who take time away ftom their families and busy schedules to make our wonderful City a safer place for all of us. Additionally, I would like to thank all of the representatives ITom tþe City's Traffic Engineering Staff and Police Department Traffic Division for providing a high level of professional support and educational guidance during my time as chairman. We have the finest engineers and police officers in the country and it is obvious that they are proud to represent our wonderful City. Final1y, Mr. Mayor, as you are well aware, the Safety Commission is important to the citizens of Chula Vista and even more so, as we continue grow as a City and community, the efforts of the Safety Commission will be a vital component of that growth. In closing, I would like to ask that you and our esteemed City Council Members continue to support the Safety Commission in the future. Most Sincerely, ~~ Past Chairman, Chula Vista Safety Commission cc:~ity ofChula Vista, Office of the City Clerk City ofChula Vista, Traffic Engineering Division Chairman, City ofChula Vista Safety Commission 2- ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF~.T,,~I~F[~I'~-OF CHULA VISTA ESTABLISHING A 50_~41~Ill~PEED LIMIT ON OLYMPIC PARKWAY ~'t-~~ BRANDYWINE AVENUE AND LA MEDIA ~ THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER. WHEREAS, based on the provisions of Division 11-Chapter 7-Article 1 (Sections 22348 through 22366) and Division 17-Chapter 3-Article 1 (Sections 40800 thru 40808) of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Olympic Parkway between Brandywine Avenue and La Media Road be established at 50 MPH; and WHEREAS, this speed limit will be added to Schedule X of the register maintained in the Office of the City Engineer; and WHEREAS, speed limit signs will be installed along this portion of the roadway giving notice of the 50 mph speed limit. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 50 mph speed limit is hereby established on Olympic Parkway between Brandywine Avenue and La Media Road: SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in Certain Zones - Designated, is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Olympic Parkway Bel~inninff At Brandywine Avenue Ending At La Media Road Proposed Soeed Limit 50 MPH Ordinance Page SECTION III: This ordinari~e~ha, I1 ta_k.e effect and be in full forc~ on the thi~ieth day ~om ~d after its adoption. Presented by Clifford Swanson Director of Engineering J:Attomey\Oulmance\Oiympic Parkway speed limb Approved as to form by CITY COUNCIL AGENDA STATEMENT Item Lj Meeting Date 11/4/03 ITEM TITLE: Ordinance establishing various speed limits on East Palomar Street between Oleander Avenue and Olympic Parkway, thereby amending Schedule X of a register maintained in the Office of the City Engineer. SUBMITTED BY: Director of Engineering~ REVIEWED BY: CityManager¢¢~7c *' (4/5ths Vote: Yes NoX Based on the provisions of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Mtmicipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones", the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on East Palomar Street between Oleander Avenue and Olympic Parkway should be established at 35 mph except at the two segments (from Monarche Dr./Santa Rita to Monarche Dr./Santa Andrea and from Santa Cora Ave. to Vista Sonfisa Ave.) where the posted speed limit would be established at 25 mph. The segment between Pasco Ladera and Santa Olivia Rd. will be additionally posted as a "School" "25 MPH Speed Limit" "When Children are Present" zone. RECOMMENDATION: That the City Council adopt an ordinance establishing various speed limits on East Palomar Street between Oleander Avenue and Olympic Parkway, thereby amending Schedule X of a register maintained in the Office of the City Engineer. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of September 11, 2003, voted to concur with stall' s recommendation to establish a 35 mph speed limit on East Palomar Street between Oleander Avenue and Olympic Parkway except at the two segments (from Monarche Dr./Santa Rita to Monarche Dr./Santa Andrea and from Santa Cora Ave. to Vista Sonrisa Ave.) where the speed limit will be established at 25 mph. The segment between Paseo Ladera and Santa Olivia Rd. will be additionally posted as a "School" "25 MPH Speed Limit" "When Children are Present" zone. DISCUSSION: Based on CVC 22358 (Decrease of Local Speed Limits), whenever a local authority determines upon the basis of an Engineering and Traffic Survey that the State maximum speed limit of 65 mph is more than is reasonable or safe upon any portion of any street other than a state highway, the local authority may by ordinance determine and declare a prima facie speed limit which is reasonable, safe and appropriate to facilitate the orderly movement of traffic on the roadway. Thereafter, this declared prima facie speed limit becomes effective when appropriate signs giving notice thereof are erected upon the street. East Palomar St., between Oleander Ave. and Olympic Parkway, is a 4-lane roadway that varies in width from 80' to 118'curb-to-curb with a raised median island (varying in width from 4' to 60') Page 2, Item Meeting Date 11/4/03 separating the two directions of travel. The segment is 18,372 feet (3.48 miles) long and has an Average Daily Traffic of 14,110. The accident rate for this segment is 0.725 (per million vehicle miles), which is lower than the average rate of 3.35 for similar highways in the State of California. The portion of East Palomar St., from Oleander Ave. to Heritage Rd., is classified as a 4-lane major roadway with bike lanes on both sides of the roadway. Parking is prohibited along the entire segment. There is an existing park, an elementary school and a commercial shopping center along this segment of the roadway. Two future parks are also planned and an additional elementary school, which fronts on this segment of the roadway, has just been constructed and is now open for classes. This length of East Palomar St. is interrupted by three all-way stops. Access to adjacent properties is restricted. The other portion of East Palomar St., from Heritage Rd. to Olympic Parkway, is a 4-lane roadway. Bike lanes currently exist on the majority of this segment, but they will be removed as part of a prior Council action to restore parking on East Palomar Street per the original Village One documents. There are three adjacent parks and two elementary schools that are in close proximity to this segment. There are two business areas along this segment of East Palomar St., one is along the entire southerly portion between Monarche Dr./Santa Rita and Monarche Dr./Santa Andrea St. and the other is along the entire southerly portion between Santa Cora Ave. and Vista Sonrisa Ave. There is on-street angle parking on the south side of the street in these business areas. This segment is interrupted by three all-way stops and there are two mid-block traffic signals (one in each business area), one of which is a pedestrian-activated signal at Heritage Park. There is a vertical curve between Heritage Rd. and Monarche Dr. that produces a design speed of 35 mph. According to the attached Engineering and Traffic Survey, which was conducted on June 12 and 13 of 2003, the 85th percentile speeds on East Palomar St. were determined to be 41 mph from Oleander Ave. to Heritage Rd., 35 mph from Heritage Rd. to Monarche Dr./Santa Andrea St., 39 mph from Monarche Dr./Santa Andrea St. to La Media Rd. and 30 mph from La Media Rd. to Olympic Parkway (Please refer to attached map for each segment location). Normally, speed limits should be established at or below the 85th pementile speed in increments of 5 mph. The 85th percentile speed is defined as the speed at or below which 85 percent of the traffic is moving. However, in considering existing conditions with the traffic safety needs of the community, or where unusual conditions exist which are not readily apparent to drivers, speed limits of more than 5 mph below the 85th percentile may be warranted. The establishment of a speed limit of more than 5 mph below the 85th percentile speed should be done with great care as this may cause a disproportionate number of the reasonable majority of drivers to be in violation of the established speed limit. In determining the speed limit that is reasonable, safe and most appropriate to facilitate the orderly movement o ftraffic, important factors to be considered are prevailing speeds, unexpected conditions, and accident records. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. Based purely on the prevailing travel speeds, an initial speed limit of 40 mph would be set for this roadway west of Heritage Rd. and a 35 mph speed limit could be set east of Heritage Road. However, because of the overriding conditions of the surrounding area (the elementary schools, Page 3, Item ¢ Meeting Date 11/4/03 parks, shopping center, the vertical curve and inten'uptions to traffic created by the all-way stops) staff believes that a 35 mph speed limit is most appropriate for the entire length of East Palomar St. except in the two business areas. These business areas, which are considered as "business districts" in accordance with the CVC's definition, will be posted at the prima facie 25 mph limit for such districts. For clarification purposes, the CVC defines a "business district" as that portion of a highway and that property contiguous thereto, where 50% of 600 feet of one side of the highway is occupied by buildings in use for business. Conclusion: In accordance with CVC Sections 22352, 22357 and 22358, which authorize local authorities to establish prima facie speed limits on streets under their jurisdiction, and based on the Engineering and Traffic Survey and the above-mentioned overriding roadway conditions, staff is recommending that a 35 mph speed limit be established for East Palomar St. from Oleander Ave. to Olympic Parkway except in the two business areas where a 25 mph speed limit would be established. These business areas are located along East Palomar St. from Monarche Dr./Santa Rita to Monarche Dr./Santa Andrea St. and from Santa Cora Ave. to Vista Sonrisa Avenue, The segment between Paseo Ladera and Santa Olivia Rd. will be additionally posted as a "School" "25 MPH Speed Limit" "When Children are Present" zone. Upon approval of the proposed speed limits by City Council, Schedule X of the register maintained in the Office of the City Engineer would be revised to include the following information: Name of Street East Palomar St. East Palomar St. East Paloraar St. East Palomar St. East Palomar St. SCHEDULE X - ESTABLISH SPEED LIMITS IN CERTAIN AREAS Beginning At Oleander Ave. Monarche Dr./Santa Rita Monarche Dr./Santa Andrea St. Santa Cora Ave. Vista Somisa Ave Proposed Ending At Speed Limit Monarche Dr./Santa Rita 35 MPH Monarche Dr./Santa Andrea St. 25 MPH Santa Cora Ave. 35 MPH Vista Sonrisa Ave. 25 MPH Olympic Parkway 35 MPH Thereafter, speed limit signs and pavement legends would be installed along these portions of the roadway giving notice of the aforementioned established speed limits. FISCAL IMPACT: The cost to install additional signs and pavement legends to supplement the existing speed limit signs is approximately $3,000, which is included in the operating budget. Attachment: Engineering and Traffic Survey Aerial Photo Plat showing existing intersection control devices J:\Engineer~AGENDA\East Palomar Speed Limit Al 13.sm.doc SU.'!VEVIARY OF SPEED SURVEYS SPEED LIMIT- ENGINEERING/TRAFFIC Length of S~ment (ft): 18.371.61' (3.48 miles) Existing Posted Limit (mph): 35 rrmh (No Survevl Segment: Oleander Ave. to Heritao-e Rd. Date Taken: 6 / 12 / 2003 No. of Vehicles on Sample (ears): 100 85t~ Percentile (mph): 41 rrmh Range of Speeds Recorded (mph): 21 - 48 mvh 6/13/2003 100 35 rrmh 19-39 rrmh Segment: Monarche Dr. E. to La Media Rd. Date Taken: 6 / 12 / 2003 No. of Vehicles on Sample (cars): 100 85th Percentile (mph): 39 mdb Range of Speeds Recorded (mph): 25 - 45rrmh La Media Rd. to Olxmmi¢ Pk"aw'. 6 / 13 / 2003 100 30 rrmh I I - 37 mdb RO.~DWAY CtLa, RACTERISTICS Width (ft): Varies from 80' - 118 ' with a raised median of 4' - 60' Total No. of Lanes: 4 lanes (2 ocr direction) with rib_bt-mm and lef~-tum hockers at maior intersections. Horizontal Alignment: Mi=imum radius of 600' bv Monarehe Drive. Santa Dehihina Avenue and Santa Rosa Drive Vertical Alignment: G~_ = -1.02% and G, -- 6.31% over 360' between Heritaee Road and Monarche Drive nroducine a desi_on sliced of 35 m~h TR_~'FIC CI-La, R_~,CTERIS TI C S Average Daily Traffic: 14,110 (2002~ between Pasco Ranchero and Monarche Drive W. On-Street Parldng: Prohibited exce*t on south side of roadway between Monarche Drive W. and Monarche Drive E.. between Santa Cora Ave. and Santa Rosa Dr. and on both sides of road between Monarche Dr. E. and Santa Alicia Ave. Special Conditions: Bike lane. multinle family dwelIino_s and sinele family dwellmes on both sides: commercial center with direct driveway access between Medical Center Drive and Davies Dr.: fi]rare site of corrLmercial center on south side between Monarche Dr. W. and Monarche Dr. E.: future site of Calvary Chapel on north side at Santa Cora Ave.: Cottonwood Park north of Vista Soarisa: Sham Rees Steeler Medical Center east of Santa Andrea S~reet. Elementary School erounds between Pasco Ladera and Santa Olivia. Accident History: The accident rate at this seement is 0.725 per million vehicle miles, which is lower than the average rate of 3.35 for similar hieliwavs in the State of California. SURVEY RESULTS Study was Prepared by: Leia B. Cabrera Date: 6/12/2003 Recommendation: Establish speed limit of 35 nmh Establish s~eed limit of 25 mch at business districts (between Monarche Dr W. and Monarche Dr E. and between Santa Cora Ave. and Vista Sonrisa Ave). The Seement between Pasco Ladera and Santa Olivia will be additionally posted as a "25 MPH Speed Limit" "When Children Are Present" zone. Date Recommendation Approved: 9/4/2003 Approved Speed Limit (mph): Per CVC 40803, Survey Expires: 6 / 12 / 2010 JSEngineer\TRAFFICXENGINEERING & TRAFFIC SURVEYSLSpeed Limit SurveyskEPalomar(Oleander - Olympic).doc 0 ~: Z ORDiNANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING SPEED LIMITS ON EAST PALOMAR STREET BETWEEN OLEANDER AVENUE AND OLYMPIC PARKWAY, THEREBY AMENDING SCHEDULE X OF A REGISTER MAiNTAINED IN THE OFFICE OF THE CITY ENGINEER. WHEREAS, based on the provisions of Division 11-Chapter 7-Article 1 (Sections 22348 through 22366) and Division 17-Chapter 3-Article 1 (Sections 40800 thru 40808) of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on East Palomar Street between Oleander Avenue and Olympic Parkway be established at 35 MPH, except at the two segments from Monarche Dr./Santa Rita to Monarche Dr./Santa Andrea and from Santa Cora Ave. to Vista Sonrisa Ave., where the posted speed limit would be established at 25 MPH; and WHEREAS, these speed limits will be added to Schedule X of the register maintained in the Office of the City Engineer; and WHEREAS, speed limit signs will be installed along this portion of the roadway giving notice of the 35 mph and 25 mph speed limits, respectively. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 35 mph speed limit on East Palomar Street between Oleander Avenue and Olympic Parkway is hereby established, except at the two segments from Monarche Dr./Santa Rita to Monarche Dr./Santa Andrea and from Santa Cora Ave. to Vista Sonrisa Ave., where the posted speed limit of 25 mph is hereby established: SECTION I1: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in Certain Zones - Designated, is hereby amended to include the following information: Ordinance Page 2 Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Be~inninl~ At Proposed Ending At Speed Limit East Palomar Street Oleander Avenue East Palomar Monarche Street Dr./Santa Rita East Palomar Santa Cora Street Avenue Olympic Parkway 35 MPH (except as noted below) Monarche Dr./Santa 25 MPH Andrea Vista Sonrisa Avenue 25 MPH SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Clifford Swanson Director of Engineering J:AttomeyXOrdinance\East Palomar St speed limit Approved as to form by PAGE 1, ITEM NO.: ~- MEETING DATE: 11/04/03 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DIRECTOR CITY MANAGER ~ c~ 4/sT.s voTE.- Y.5 NO BACKGROUND The Chula Vista Downtown Business Association (DBA) has managed the downtown Farmers' Market on Thursday afternoons since 1996. The event is highly successful, providing a needed service, enhancing the City's cultural activities and drawing more people to the downtown Third Avenue area. This resolution would allow the Farmers' Market to continue in its current location until December 31, 2005. RECOMMENDATION It is recommended that the City Council adopt the resolution extending the temporary closure/Of Center Street and a portion of Church Avenue for the downtown Farmers' Market from 2:00 p.m. - 8:00 p.m. on Thursday afternoons for a ~wo-year period subject to conditions of approval. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The downtown Farmers' Market is an important feature in the revitalization of western Chub Vista. Not only does it draw new people to Chub Vista's downtown, it also provides a sense of liveliness on the street that is key to the momentum of other revitalization efforts. Two years ago, at City Council's request, management changes were made that improved the safety and accessibility of the market. In addition, the DBA and City held two community PAGE 2, ITEM NO.: ~' MEETING DATE: 11/04/03 meetings during the past year to allow discussion between farmers and local merchants and residents and to provide a vehicle for early intervention into perceived problems with the market. A variety of logistical matters between the farmers and local merchants and the Congregational Church were resolved during the past year including use of business lavatories and early set up by farmers which was interfering with other activities in the neighborhood. A meeting held on October 15 for residents, property owners and merchants was very lightly attended. Two residents were in attendance and spoke in strong support of the market. A new issue emerged between a local merchant, the Congregational Church and the market. Apparently farmers have been using private dumpsters to dispose of their waste. It was agreed that the Farmers' Market manager will instruct vendors to take away their refuse with them and that the DBA will arrange for a special pick up of the Congregational Church dumpster, which will be designated for occasional use by farmers. Use of local business dumpsters will be actively prohibited. The DBA has an interest in finding a more prominent place for the market - perhaps on Third Avenue or utilizing Memorial Park; however, a relocation of the market is not feasible at this time. The resolution extending the Farmers' Market for a two-year period is being brought forward because the current street closure expires at year end, 2003. The DBA and staff believe this renewal is appropriate while the DBA still considers a possible future relocation. If a relocation is deemed feasible during the renewal period a new resolution can be brought forward. FISCAL IMPACT The estimated loss of parking meter revenue for the two-year period of the street closure is $3,000. ATTACHMENTS 1 - Locator Map 2 - Meeting announcement for Oct 15 community forum J:\COMMDEV~STAFF.REP\I 1-04-03\cc-farmers' mid 2002.doc FARMER'S MARKET ATTACHMENT 1 300 0 800 Feet ATTACHMENT 2 COUNCIL RESOLUTION NO. RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8;30 PM.ON THURSDAY AFTERNOONS FOR A TVVO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Downtown Business Association; and WHEREAS, a new Property and Business Improvement District was formed by a vote of property owners on July 10, 2001; and WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday afternoons between Mamh, 1996 and October, 1996, for a Farmers' Market; and WHEREAS, on October 15, 1996, the City Council approved Resolution 18710 to expand the temporary closure of Center Street and add a portion of Church Avenue to accommodate the Farmers' Market on Thursday afternoons subject to conditions; and WHEREAS, on November 14, 2000 and December 10, 2002 the City Council approved Resolution 2000-411 and 2002-496, respectively, extending the temporary closure of Center Street and a portion of Church Avenue; and WHEREAS, the extension of the street closures creates no new significant impacts and therefore no additional review of the project is required under CEQA; and WHEREAS, the Downtown Business Association insures its downtown events, including the Farmers' Market for $1 million in liability and names the City of Chula Vista as an additionally insured; and WHEREAS, The Farmers' Market special event will further the redevelopment effort within the Town Centre I Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista extends the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market from 2:00 P.M. - 8:30 P.M. on Thursday afternoons through December 31, 2005 subject to conditions attached hereto as Exhibit "A." Presented by Laurie Madigan Community Development Director Approved as to form by Ann Moore City and Agency Attorney J:\COMMDEV~RESOS\CC-2003 farmers mkt.doc EXHZBTT A November 4, 2003 Downtown Farmers' IHarket Center Street and a portion of Chula Avenue CONDZTZONS OF APPROVAL The subject street closure shall be permitted through December 31, 2005, unless sooner revoked (in sole discretion of the City Council) to accommodate the Downtown Farmers' Market. At the end of that time, the Farmers' Market shall be evaluated by the Community Development Director and a recommendation made to the City Council. The City Council, at that time, may consider a further extension. All Vendors or activities to take place within the closed street right-of-way, other than those approved herein shall be approved by the Community Development Director prior to their participation on the Farmers' Market. Aonroved Vendors and Activities 1) Certified Farmers' IVlarket~ 2) Arts and Crafts hand made by the seller 3) Promotional activities that enhance the market but do not detract from the Downtown business environment to create significant noise, congestion, or safety hazards. 4 Downtown Business Association (DBA) merchants and businesses in good standing may sell or demonstrate merchandise and services that are currently sold within their Downtown premises. The DBA shall provide, set up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and street closure in a timely manner {set-up shall begin no earlier than 2:00 p.m. and removal completed no later than 8:30 p.m.). All traffic control devices, signs, and barricades shall be placed in accordance with the sign placement plan approved by the City Traffic Engineer and shall conform to the State of California traffic control requirements. The DBA will be responsible for the coordination and implementation of all activities and regulations related to the street closure and Farmers' Market, the appropriate City of Chula Vista departments and staff, and any applicable County, State or Federal requirements. A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where certified farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees of a certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh fish, olives and baked goods. COUNCIL AGENDA STATEMENT Item ~o Meeting Date 10/28/03 ITEM TITLE: Resolution Approving the Rolling Hills Ranch Subarea m Desiltation agreement between the City and McMillin Rolling Hills Ranch, LLC and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Engineering.g~/ REVIEWED BY: City Manager¢/~ -- (4/Sths Vote: Yes No X) On May 13, 2003 by Resolution No. 2003-199, the City approved Tentative Map No. 92-02A for McMillin Rolling Hills Ranch (see attachment 1). The Tentative Map conditions require that prior to issuance of the first grading permit, developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of certain existing and proposed drainage improvements for the project. Developer is also required to enter into an agreement to ensure compliance with the new NPDES permit recently adopted by the Regional Water Quality Control Board. RECOMMENDATION: That Council approves the agreement and authorizes the Mayor to sign said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Currently McMillin is processing grading plans for Rolling Hills Ranch Subarea III. Issuance of the grading permit is anticipated shortly after approval of said grading plans, posting of grading bonds, and Council approval of the subject Rolling Hills Ranch Subarea I/I Desiltation Agreement ("Proposed Agreement"). The Proposed Agreement addresses conditions of approval # 41, 42, 43,& 44 of the Tentative Map (see Attachment 2) as follows: Tentative Map Condition Number 41 requires that the Developer prepare a maintenance program, including a financing mechanism, for drainage detention and/or filtration basins within the Project and enter into an agreement with the City of Chula vista and the State Department ofFish and game to implement the maintenance program. The proposed agreement requires the developer to implement the basin maintenance program outlined in the Water Quality Technical Report and establish a financing mechanism to fund the annual maintenance of all water quality basins in perpetuity. Tentative Map Condition Number 42 requires the Developer provide a comprehensive Best Management Practices (BMPs) study regarding any off-site drainage satisfactory to the City Engineer and to install all facilities as recommended in the study. The proposed agreement requires the Page 2 Item ~' Meeting Date 10/28/03 Developer to submit BMPs study prior to any final map for the project and at the request of the City Engineer, install all facilities as recommended in the study Tentative Map Condition Number 43 requires the Developer to design the storm drains and other drainage facilities to include BMPs to minimize non-point source pollution satisfactory to the City Engineer. The proposed agreement requires: The Developer to design the storm drains and other drainage facilities to include BMPs to minimize non-point source pollution, satisfac, tory to the City Engineer. That the development comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoffand storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista. Further, the Developer is required to file a Notice of Intent with the State Water Resources Control Board and implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. 3. That the Developer comply with all the provisions of the NPDES Permit during and after all phases of the development process. That prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. That the Developer, at the request of the City Engineer, submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMPs and shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities. That prior to approval of each grading, construction, and building permits for the project, the Developer to demonstrate to the satisfaction of the City Engineer compliance with alt of the applicable provisions of the municipal code and the adopted City of Chula Vista's Storm Water Management Standards Requirements Manual, which includes the Local SUSMP. Also, the Developer to incorporate into the project planning and design effective post-construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. The Developer to incorporate in the Project design, water quality and watershed protection principles and all post construction Best Management Practices (BMPs) selected for the Project, in compliance with the NPDES Permit. Tentative Map Condition Number 44 requires the Developer to provide evidence to the satisfaction of the City Engineer that an agreement has been reached between the Developer and the City of San Diego Water Utilities Director to provide the protection of the reservoirs from urban pollutants.. The proposed Agreement stipulates that the City may withhold building permits if the developer is determined by the City not to be in compliance with the terms of the Agreement. The Agreement has been executed by the developer and approved as to form by the City Attorney. Page 3 Item ~ Meeting Date 10/28/03 FISCAL IMPACT: None. All costs associated with the construction of the proposed drainage facilities will be paid for by the developer. Attachments: I. Location Plat 2. TM Conditions 41, 42, 43, & 44 3. Desiltation Agreement J:\Engineer\LANDDEV\Projects\Rolling Hills Ranch\9-13\All3 RHR desiltation agreement2.doc 1 IHUNSAKER & ASSOCIATES 0C~-02-2003 10:13 HUNS~KER ~ ~$$OCI~TES SD BSB 558 4500 P,O3x03 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF SECTIONS 23, 24, 25 AND 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST. SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PAGE 1 OF 1 Overall A Uap Legal.d~c TOTRL P.03 TM CONDITIONS 41, 42, 43, AND 44 ~TTACHMEN3 ~.~ 41. Accomplish the following prior to approval of a Final Map for any unit or phase which requires drainage detention and/or filtration basin(s): a. Prepare a maintenance program including a schedule and £mancing mechanism for said detention and/or filtering basins. Said program shall be subject to approval of the City Engineer. b. Enter into an agreement with the City of Chula Vista and the State Department of Fish and Game wherein the parties agree to implement the basin maintenance program. 42. Provide a comprehensive Best Management Practices (BMPs) study regarding off-site drainage satisfactory to the City Engineer and the City of San Diego's Water Utilities Director prior to approval of any Final Map in Neighborhoods 9-13. Install all facilities as recommended in the study and shall implement a maintenance district for these drainage facilities satisfactory of the Water Utilities Director. 43. Design the storm drains and other drainage facilities to include BMP's to minimize non-point source pollution, satisfactory to the City Engineer and the City of San Diego Water Utilities Director. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban mnoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES Permit during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. Prior to approval of the fn:st £mal map for the Project, Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall mn with the entire land contained within the Project. At such time as required by the City Engineer for the Project, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. In addition, the Developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities. Prior to approval of each grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the municipal code and the adopted City of Chula Vista's Storm Water Management Standards Requirements Manual, which includes the Local SUSMP. The Developer shall incorporate into the project planning and design effective post-construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. The Developer shall incorporate in the Project design, water quality and watershed protection principles and all post construction Best Management Practices (BMP's) selected for the Project, in compliance with the NPDES Permit. (Engineering) 44. Present evidence to the satisfaction fot eh City Engineer that an agreement has been reached between the developer and the City of San Diego Water Utilites Director to provide for the protection of the reservoirs from urban pollutants prior to the approval of any Final Maps, implementing permits, or issuance of any grading permits in Neighborhoods 9-13. Such measurement shall include, but not be limited to ensuring BMPs for stormwater and/or urban runoff including erosion control. (Engineering) JSEngineer\AGENDA~Attachments\Conditions 4144, 10-21-03.doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ROLLING HILLS RANCH SUBAREA 1II DESILTATION AGREEMENT BETWEEN THE CITY AND MCMILLIN ROLLING HILLS RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on May 13, 2003 by Resolution No. 2003-199, the City approved Tentative Map No. 92-02A for McMillin Rolling Hills Ranch; and WHEREAS, the Tentative Map conditions require that prior to issuance of the first grading permit, developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of certain existing and proposed drainage improvements for the project; and WHEREAS, developer is also required to enter into an agreement to ensure compliance with the new National Pollutant Discharge Elimination System (NPDES) permit recently adopted bythe Regional Water Quality Control Board; WHEREAS, currently McMillin is processing grading plans for Rolling Hills Ranch Subarea III; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby apprc~ve the Rolling Hills Ranch Subarea III Desiltation agreement with McMillin Rolling Hills Ranch, LLC, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED the Mayor of the City of Chula Vista is hereby authorized and to execute said Agreement on behalf of the City of Chula Vista. Presented by Clifford Swanson Director of Engineering J:~attorney\reso\agrcementXDesiltation Roiling Hills Ranch Approved as to form by City Attorney 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 n Moore City Attorney Dated: {0'- L fl ~0...~ Rolling Hills Ranch Subarea III Disiltation Agreement between the Cigyand McMillin Rolling Hills Ranch, LLC Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 File No: RH-229G ROLLING HILLS RANCH SUB~/~EA Creek Ranch) DESILTATION AND NPDES III (Formerly known as CVT 92-02A COMPLI/~/~CE AGREF~NT Salt (Conditions 41, 42, 43, 44 of Salt Creek Ranch CVT 92-02A) This agreement ("Agreement") is entered into , 2003 and effective as of the date last executed by the parties, by and between the City of Chula Vista, a California Municipal Corporation ("City"), and McMillin Rolling Hills Ranch LLC, a California Limited Liability Company ("McMillin" or "Developer"), with reference to the facts set forth below, which recitals constitute a part of the Agreement: RECIT/~LS A. Developer owns approximately 607 acres ("Project") of that certain real property, as more particularly described in Exhibit "A" (Property Description) and as shown on Exhibit "B", commonly known as Rolling Hills Ranch Subarea III planned community. B. On October 6, 1992, the City Council approved a Tentative Map Tract for Salt Creek Ranch by Resolution No 16934("CVT 92-02 Tentative Map" or "Original Tentative Map"). C. On June 13, 2000, the Chula Vista City Council, pursuant to Resolution No. 2000-190 and in accordance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code Section 21000 et seq.), adopted the Mitigated Negative Declaration for Salt Creek Ranch and approved an amendment to conditions 1 and 3. Page 1 D. On May 13, 2003 City Tentative Map Tract for Salt Creek ("CVT 92-02A" or "Tentative Map"). Council approved an Amending Ranch by Resolution No 2003-199 E. Condition Number 41 of the CVT 92-02 Tentative Map, as more particularly set forth on Exhibit "C" requires that the Developer prepare a maintenance program, including a financing mechanism, for drainage detention and/or filtration basins within the Project and enter into an agreement with the City of Chula vista and the State Department of Fish and Game to implement the maintenance program. F. Condition Number 42 of the CVT 92-02 Tentative Map, as more particularly set forth on Exhibit "C", requires among other requirements that the Developer provide a comprehensive Best Management Practices {BMPs) study regarding any off-site drainage satisfactory to the City Engineer and the City of San Diego's Water Utilities Director and to install all facilities as recommended in the study. F. Condition Number 43 of the CVT 92-02A Tentative Map, as more particularly set forth on Exhibit "C", requires among other requirements that the Developer design the storm drains and other drainage facilities to include BMPs to minimize non-point source pollution satisfactory to the City Engineer. G. Condition Number 44 of the CVT 92-02 Tentative Map, as more particularly set forth on Exhibit "C", requires among other requirements that the Developer provide evidence to the satisfaction of the City Engineer that an agreement has been reached between the Developer and the City of San Diego Water Utilities Director to provide the protection of the reservoirs from urban pollutants; and H. City of San Diego has approved the Water Quality Technical Report in a letter dated NOW THEREFORE BE IT RESOLVED that the Parties agree as follows: 1. Defined Terms. As used herein, the following terms shall mean: 1.1 "Maintenance District" shall mean a special district established by the City pursuant to State law. 1.2 ~Maintain" or ~Maintenance" means to furnish, or the furnishing of, services and materials for the ordinary and usual maintenance required for the operation of the detention basins siltation basins and water quality basins Page 2 which shall include, but not limited to such activities as the removal of pollutants, the removal/displacement of sand, silt, sediment, debris, rubbish, woody or aquatic vegetat±on and other obstructions to flow, the control of weeds, grasses, and emergent vegetation, and the cleaning and clearing of erosion control facilities. 1.3 "Water Quality Technical Report" means the Report Prepared by Hunsaker and Associates Dated as amended from time to time to the satisfaction of the City Engineer. 1.4 "A" Map means a master subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which shows "SuperBlock" lots corresponding to the units and phasing generally for financial purposes. 1.5 ~'B" Map means a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the City of Chula Vista Municipal Code, which proposes to subdivide land into individual single lots, as shown on the tentative map. 2. Condition Nos. 41 and 42 - Best Management Practices. In partial satisfaction of Condition Nos. 41 and 42 of the Project's Tentative Map, the Developer agrees to the following: Implement Report - Developer agrees to Implement the basin maintenance program outlined in the Water Quality Technical Report ("Report") Desiltation - Developer agrees to and shall remove siltation attributable to the Project until all upstream grading within the Project is completed and the erosion protection planting is adequately established as determined by the City Engineer and the Director of Planning and Building. Developer further agrees to, contemporaneous with this Agreement, provide to the City a cash deposit to secure Developer's removal of siltation obligations under this Agreement, ("Security Deposit") in the sums set forth in Exhibit "D". City shall hold the Security Deposit for the duration of Developer's siltation obligations hereunder, and expend such deposit solely for purposes of said performance obligations in the event of Developer's default in the performance of such siltation obligations. Should the City expend the cash deposit due to Developer's default of its performance obligations, Developer agrees to redeposit the equivalent sum of money needed to equal the amount of the deposit required by this Agreement, as set forth in Exhibit "D", within 30 days of the City's Page 3 -11 request for such deposit. Ail interest earnings on the Security Deposit shall be retained by the City during this period. Any unexpended amount of the Security Deposit, including any interest earned, shall be released and remitted to Developer upon acceptance of the maintenance obligation by the City or a Maintenance District. Desiltation Bond - Contemporaneous with execution of this Agreement, Developer shall provide the City with bonds for a series of at least one year terms starting from the date of issuance of the grading permit in connection with Chula Vista Drawing Nos. 03059-01 through 03059-71, in order to guarantee its Siltation Removal obligations under Section 2 of this Agreement in amounts more fully set forth in Exhibit "D". The Maintenance Bond{s) shall be issued by a surety acceptable by the City and shall be in a form approved by the City Attorney. The City Engineer will review the security provided herein every year prior to expiration thereof. The City acknowledges that bonds are issued for a one year period, however, it shall be the responsibility of Developer to ensure that at all times while Developer has outstanding obligations under this Agreement, security as required herein will be valid and in full force and effect. Developer understands and agrees that the City shall not issue building permits for the Project if the bonds or Security Deposit have not been delivered or approved as sufficient by the City or said bonds have not been renewed. ii. The Developer acknowledges and agrees that the bond in the amount of $37,500 may be released completely after acceptance of the maintenance obligation by the City or a Maintenance District. iii . The City Engineer may, in his sole discretion, reduce the bond requirements described herein, if it is determined by the City Engineer that the costs for MCMILLIN's obligations hereinunder been reduced. In addition, Developer may request that another form of equivalent security, such as a letter of credit or cash, acceptable to the City in its sole discretion, be substituted for the bonds described herein. Developer Page 4 g4 understands and agrees that such substitution is in the sole discretion of the City. Pump Station Activation - Developer agrees to obtain a construction permit for the New Stormwater Pump Station (Chula Vista Drawing No. 03128) ("Pump Station") prior to the approval of the first "A" map for the Project or at such other time as otherwise approved in the sole discretion of the City Engineer. Developer agrees to construct and shall construct a Pump Station for the Project in accordance with City approved plans. Developer further agrees that the Pump Station shall be fully operational prior to the approval of the first "B" map for the Project. Good Faith Endowment - Developer agrees, contemporaneous with execution of this Agreement, to provide the City with a good faith endowment for the purpose of an estimated 1 year cost of maintenance of the Pump Station, in the amount as more particularly described in Exhibit "D". The good faith endowment less those sums expended for maintenance of the Pump Station will be returned to the Developer upon the City Engineer's determination in his sole discretion that there are sufficient funds in an approved Maintenance District or an endowment for perpetual Pump Station maintenance. CFD\Endowment - Developer agrees to either have a community facilities district (CFD) approved by City Council prior to the first "B" map for the Project but no later than June 1, 2004, or deposit with the City on or before June 1, 2004 a cash endowment deemed sufficient by the City Engineer to provide perpetual maintenance of the Pump Station. Maintenance Period The Developer shall Maintain or cause to be Maintained in accordance with the requirements in section 2 of this Agreement and the Report, all water quality facilities for the Project, for a period of one year after the City Engineer has deemed the facilities complete. Environmental Permits - Developer agrees to take all necessary steps and pay all costs to effectuate turnover to the City of all necessary permits allowing discharge into Salt Creek. Easement Prior to City or Maintenance District acceptance of the water quality facility, Developer shall grant an easement or other property interest acceptable to the City to that portion of that HOA lot, Page 5 Lot ''A" of Map No. 14164, which treats flows from the Pump Station to allow City or CFD to perform maintenance in perpetuity ip a form as approved by the City Attorney. 3. Condition No. 43 - NPDES. In satisfaction of Condition No. 43 of the Project's Tentative Map, Developer agrees to the following: 3a. To design the storm drains and other drainage facilities to include BMP's to minimize non-point source pollution, satisfactory to the City Engineer. 3b. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. 3c. The developer shall comply with all the provisions of the NPDES Permit during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. 3d. The Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. 3e. Prior to approval of each grading, construction, and building permit for the Project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the Municipal Code and the adopted City of Chula Vista's Storm Page 6 Water Management Standards Requirements Manual, which includes the Local SUSMP. The Developer shall incorporate into the project planning and design effective post- construction (BMP's) and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. 3f. The Developer shall incorporate in the Project design, water quality and watershed protection principles and all post construction BM?'s selected for the Project, in compliance with the NPDES Permit. 4. Condition No. 44 - Protection of Reservoirs. In partial satisfaction of condition No. 44 of the Project's Tentative Map, Developer agrees to provide evidence, contemporaneous with execution of this Agreement, satisfactory to the City of Chula Vista's City Engineer that the City of San Diego Water Utilities Director is satisfied that Developer will provide for the protection of the reservoirs from urban pollutants prior to the approval of the first final map, implementing permits, or grading permits within the Project. Such protection measures shall include, but not be limited to ensuring BMPs for stormwater and/or urban runoff including erosion control. Developer acknowledges and agrees that City will not issue a grading permit for the Project until City receives the subject satisfactory evidence. 5. Building Permits- Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of the City of Chula Vista. Therefore, Developer agrees that the City shall have the absolute and unfettered right to withhold the issuance of any building permit for any residential units within the Project if the Developer is determined by the City not to be in compliance with the terms of this Agreement. If Developer is determined by the City not to be in compliance with any term of this Agreement, the City shall notify Developer of Developer's noncompliance and provide Developer with 30 days to cure said noncompliance. The City Engineer in his/her sole discretion may extend the time to cure such noncompliance if the City Engineer determines that Developer is making a good faith and diligent effort to cure such noncompliance. 6. Successors - Release 6.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the real property, described herein as the Project, Page until released by the mutual consent of the parties or as otherwise 'provided in the Agreement. 6.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Project and the City, its successors and assigns and any successor in interest thereto. 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 of such covenants running with the land have been provided without regard to whether 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. 6.3 Release of Individual Lots. Each lot or parcel encumbered by this Agreement may, in the City Manager's (or Manager's designee) discretion, be released from the encumbrance hereof upon the issuance of a building permit in conformance with the Tentative Map and/or Final Map with respect to such lot or parcel or upon the conveyance of any such lot or parcel to a homeowner or homeowners association. The City Manager (or Manager's designee) shall not withhold consent to such release so long as the City Manager (or Manager's designee) in good faith finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, or the conveyance of such lot or parcel to a homeowner's association, such lot or parcel shall be automatically released from the encumbrance hereof. In the event the City Manager {or Manager's designee) agrees to the Release, or escrow closes on any individual homeowner's lot or parcel or any homeowner's association lot or parcel, at the request of Developer or any successor in interest who owns any such lot or parcel, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Attorney which confirms the release of such lot or parcel from the encumbrance of this Agreement. Miscellaneous Provisions. Page 8 7.1 Indemnification. Developer further understands and agrees that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. Developer further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. The approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of Developer's construction and maintenance activities as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, downstream erosion, or the modification of the point of discharge as the result of the Developer's obligations described herein. The approval of plans for the Developer's obligations described herein and any related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the Developer's obligations described herein and any related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect regardless of the City's acceptance of any improvements within Salt Creek as described herein. 7.2 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 and any and all other prior or contemporaneous oral or written agreements are hereby superseded. This Agreement may be amended, but only pursuant to a written amendment properly authorized and executed by both parties hereto. 7.3 Compliance with Laws. In the performance of its obligations under this agreement Developer shall comply with any and all applicable federal, state and local laws, regulations, policies, permits and approvals. 7.4 Recitals and Exhibits. Recitals set forth above and all attached Exhibits referred to herein are hereby incorporated herein by this reference. Page 9 7.5 Term. This agreement shall remain in effect for so long as either party ~as executory obligations hereunder. 7.6 Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. 7.7 Assignment. The obligations of the Developer under this Agreement shall not be assigned in whole or in part, without the express written consent of the City. 7.8 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 it to enter into this Agreement. 7.9 Release. Upon the release of this Agreement pursuant to Section 6 hereof, at the request of Developer or any successor in interest who owns any portion of the Project encumbered by this Agreement, the City shall execute an instrument prepared by Developer and in a form acceptable to the City Attorney in recordable form which evidences the termination of this Agreement and confirms the release of the Project from the encumbrance of this Agreement. 7.11 Force Majeure Except with respect to any obligation to pay money or post securities when due, no party hereto shall be liable for any delay or failure to perform this agreement caused by Force Majeure. As used herein, the term Force Majeure shall mean acts of God; strikes; walkouts; labor disputes or disturbances; war; blockage; insurrection; riot; earthquakes; typhoons; hurricanes; floods; fires; explosions; or other similar circumstances beyond the reasonable control of such party. In the event of Force Majeure likely to cause any such delay or failure, the parties suffering such Force Majeure shall give notice to the other party hereto, stating the particulars of such Force Majeure and shall to the extent it is capable of doing so, remove such cause with all reasonable dispatch, except that, no party shall be required to settle any strike, walkout, labor dispute or disturbance by acceding to the demands of the opposing party when such course is deemed inadvisable by such party. [NEXT PAGE IS SIGNATURE PAGE Page 10 (Signature Page One of Two Pages) ROLLING HILLS RANCH SUBAREA III (Formerly known as Salt Creek Ranch) CVT 92-02A DESILTATION AND NPDES COMPLIANCE AGREF/~ENT (Conditions 41, 42, 43, & 44 of Rolling Hills Ranch Subarea III CrT 92-02A) IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. CITY OF CHULA VISTA A Municipal Corporation By: Mayor Stephen C. Padilla Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Page 11 (Signature Page Two of Two Pages) ROLLING HILLS RANCH SUBAREA III (Formerly known as Salt Creek Ranch) CYT 92-0A DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions 41, 42, 43, & 44 of Rolling Hills Ranch Subarea III CVT 92-0A) McMillin Rolling Hills Ranch, LLC a Delaware limited liability company By: McMillin Management Services, L.P., a California limited partnership Its: Manager By: Corky McMillin Construction Services, Inc. a California corporation Its: General Partner Its: Vtt~' ~ ,Oo.- ¢ Its: Page 12 } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On October 22, 2003 , before me, E. Breid, Notarv Public personally appeared Frank Zaidle and Dennis E. Cuccarese , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal, Title of Document RHR Subarea III CVT 92-0A Date of Document Other signatures not acknowledged No. of Pages LIST OF EXHIBITS Exhibit A ...... Legal Description III) Exhibit B ..... Location Plat (Rolling Hills Ranch Subarea Exhibit C ...... Conditions Nos. 41, 42, 43, and 44 of CVT 01-11 Tentative Map Exhibit D ....... List of Improvement Securities; purpose and amount Exhibit E ..... Water Quality Basin Locations Page 13 EXHIBIT "A" PROPERTY DESCRIPTION ROLLING HILLS RANCH SUBAREA III (Formerly known as Salt Cre~k Ranch) DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions 41, 42, 43, & 44 of Rolling Hills Ranch Subarea III CVT 92-02A) BEING A SUBDIVISION OF A PORTION OF SECTIONS 23,24,25 AND 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. Page 14 Exhibit "B" SUB AREA III EXHIBIT "C" CONDITIONS NO'S 41, 42, 43 & 44 OF 92-02A AMENDING TENTATIVE MAP A~PROVAL ROLLING HILLS RANCH SUBAREA III (Formerly known as Creek Ranch) CVT 92-02A DESILTATION AND NPDES COMPLIANCE AGREEMENT Salt (Conditions 41, 42, 43, & 44 of Rolling Hills Ranch Subarea III CVT 92-02 and CVT 92-02A) 41. Accomplish the following prior to approval of a Final Map for any unit or phase which requires drainage detention and/or filtration basin(s): a. Prepare a maintenance program including a schedule and financing mechanism for said detention and/or filtering basins. Said program shall be subject to approval of the City Engineer. b. Enter into an agreement with the City of Chula Vista and the State Department of Fish and Game wherein the parties agree to implement the basin maintenance program. 42. Provide a comprehensive Best Management Practices (BMPs) study regarding off-site drainage satisfactory to the City Engineer and the City of San Diego's Water Utilities Director prior to approval of any Final Map in Neighborhoods 9-13. Install all facilities as recommended in the study and shall implement a maintenance district for these drainage facilities satisfactory of the Water utilities Director. 43. Design the storm drains and other drainage facilities to include BMPs to minimize non-point source pollution, satisfactory to the City Engineer and the City of San Diego Water Utilities Director. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the co~encement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control Page 15 measures and shall identify funding mechanisms for post construction control measures. b. The developer shall comply with all the provisions of the NPDES Permit during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. c. Prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. At such time as required by the City Engineer for the Project, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMPs. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. In addition, the Developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities. Prior to approval of each grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the municipal code and the adopted City of Chula Vista's Storm Water Management Standards Requirements Manual, which includes the Local SUSMP. The Developer shall incorporate into the project planning and design effective post- construction BMPs and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMPs shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. The Developer shall incorporate in the Project design, water quality and watershed protection principles and all Page 16 44. post construction Best Management Practices (BMPs) for the Project, in compliance with the NPDES (Engineering) selected Permit. Present evidence to the satisfaction of the City Engineer that an agreement has been reached between the Developer and the City of San Diego Water Utilities Director to provide for the protection of the reservoirs from urban pollutants prior to the approval of any Final Maps, implementing permits, or issuance of any grading permits in Neighborhoods 9-13. Such measurement shall include, but not be limited to ensuring BMPs for stormwater and/or urban runoff including erosion control. (Engineering) Page 17 EXHIBIT "D" SECURITY REQUIREMENTS ROLLING HILLS RANCH SUBAREA III (Formerly known as Creek Ranch) CVT 92-02A DESILTATION AND NPDES COMPLIANCE AGREEMENT Salt (Conditions 41, 42, 43 REMOV]tL OF SILTATION a) Cash Deposit b) Maintenance Bond c Good Faith Deposit & 44 of Rolling Hills Ranch Subarea CVT 92-02A) (Paragraph 2 of the Agreement) III, Cash deposit in the amount of $7,500 be submitted contemporaneous with the Agreement. Bond in the amount of $ 37,500 to be submitted contemporaneous with the Agreement. Cash deposit in the amount of $30,000 be submited contemporaneous with the Agreement. J:\Engineer\LANDDEV\Projects\Rolling Hills Ranch\9~13\Desilt Agmt DRAFT Final.DOC Page 20 Exhibit "E" ROLLING HILLS RANCH SUB A_REA III ° goo~ =._ COUNCIL AGENDA STATEMENT Item _~ Meeting Date 10/28/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution Approving the first amendment to the agreement between the City of Chula Vista and the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) line to extend the agreement for an additional 15-month period; and authorizing the Mayor to execute the first amendment. Director of Engineering~ City Manage~.~ c/ ~6rt- (4/5tbs Vote: Yes __ No ~ On November 5, 2002, the City of Chula Vista entered into an agreement with the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) Line. This agreement allowed the City of Chula Vista to temporarily divert up to 2.75 million gallons per day (mgd) of sewage from the Poggi Canyon Tmmk Sewer to the OVTS. The term of the agreement was originally from November 1, 2002 through August 31, 2003, and was based upon the completion date of the Salt Creek Gravity Sewer to which the Poggi Canyon Trunk Sewer would ultimately be connected. Since the completion of the Salt Creek Trunk Sewer will be delayed, this amendment is required to allow the continued use of the OVTS until November 2004. RECOMMENDATION: That Council approve the resolution approving the first amendment to the agreement between the City of Chula Vista and the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) line to extend the agreement for an additional 15-month period; and authorizing the Mayor to execute the first amendment. BOARDS / COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background The Poggi Canyon Trunk Sewer currently conveys flow from developments within the Poggi Canyon Basin, and was originally designed to connect to the Salt Creek Trunk Sewer line. However, since the Salt Creek line was still being constructed and the Date/Faivre Trunk Sewer to which the Poggi Canyon Trunk Sewer was earlier connected had some capacity constraints, the City entered into an agreement with the City of San Diego for the interim use of the Otay Valley Trunk Sewer for a period of ten months from November 2002 through August 31, 2003 (Attachment 1). The contract term was based on the original construction schedule for the Salt Creek Sewer. 7-/ Page 2, Item 7 Meeting Date 10/28/03 Salt Creek Trunk Sewer Construction Status In October 2001, the City of Chula Vista began the construction of the Salt Creek Gravity Sewer Interceptor, which involves the installation of more than 12.5 miles of sewer lines. The Salt Creek Trunk Sewer is being constructed in four phases (Attachment 2). All of the phases of the project have been completed with the exception of the second phase which involves the construction of the trunk line from Main Street, east of Interstate-5 Freeway, westerly to West Frontage Road on the west side of Interstate-5 Freeway where it connects to the City of San Diego Metro Interceptor. This portion of the trunk line is being installed utilizing the micro- tunneling process. This phase of the project was originally scheduled to be completed by August 2003, however due to initial contractor delays in mobilizing at the beginning of the project, the scheduled date of completion was revised to November 2003. A couple of months ago, having taken into consideration the early delays and the subsequent change in the construction schedule of the Salt Creek project, staff contacted the City of San Diego and requested a ninety-day extension to the agreement to enable the City of Chula Vista to continue to provide service to tributary basins pending completion of the project. In a letter dated July 14, 2003, the City of San Diego approved the ninety-day extension through November 30, 2003 (Attachment No. 3). Unfortunately, just as the City of San Diego was in the process of approving the 90-day extension, the project suffered a major setback; the Micro-tunneling machine failed (due to reasons yet to be determined) and was no longer able to move forward while in the tunnel under the Main Street on/off-ramp to Interstate-5 freeway within California Department of Transportation's (Caltrans) jurisdiction. Staff is currently working with both the Contractor (Modem Continental) and Caltrans staff to determine the terms and conditions for the retrieval of the machine, after which it will be evaluated for damages, and, if it is determined to still be in good working condition, the tunneling activity will continue to the end of the project where the Salt Creek Trunk Sewer connects to the Metro Interceptor. If on the other hand, a determination is made that the machine needs to be replaced, while it could be replaced in a very short period, it would result in further delays. Furthermore, once tunneling operations resume there could be additional mechanical breakdowns. Therefore, the purpose of this amendment is to plan for that possibility, however remote, and to ensure that the City of Chula Vista has options available to support approved development within the City. At this point, it is staff's belief that the possibility of a major delay resulting from a mechanical breakdown is highly unlikely since the retrieval of the machine will help the project team understand to a larger extent the reason for this incident and enable them to take the necessary actions to ensure that it does not occur again. City staff as well as City retained geotechnical experts will be documenting the site conditions and retrieval process to study and review all pertinent information. Page 3, Item ~7 Meeting Date 10/28/03 Proposed Amendment The current agreement allowed the City to temporarily discharge 2.75 MGD of sewage for a period of Ten (10) Months fi.om November 1, 2002 through August 31, 2003. Furthermore, the agreement also required any extensions to be approved by both cities. In light of the recent developments on the Salt Creek project and the potential for further complications, staff is recommending that the original agreement be amended to allow the City to continue to divert up to 2.75 MGD (million gallons per day) of sewage into the Otay Valley Trunk Sewer until November 2004. This will enable the City to continue to provide service to those projects within the Poggi Canyon Basin and the Salt Creek Basin that would have been served by the Salt Creek Trunk Sewer pending the completion of the trunk line. The terms and conditions and other relevant details of this proposed first amendment are shown in Attachment No. 4. Cost Allocation Under the terms of the agreement, the City shall be required to pay its pro-rated share of the maintenance and operations costs of the trunk sewer system. The Otay Valley Trunk Sewer line was originally constructed by a group of San Diego developers (Otay Industrial Center) and is being managed by the City of San Diego on behalf of these developers. Based on the cost allocation methodology defined for the use of the pipe, the monthly cost of diverting 2.75 mgd of sewage in that line is approximately $21,500, including monitoring charges. For the original contract term period, the total cost of using the line was approximately $193,500 because the diversion actually commenced in December 2002. Based on the cost allocation method, the cost of using the OVTS line for an additional fifteen-month period will be $334,000. CONCLUSION It is Stafffs recommendation that Council approve this amendment to the agreement to enable the City to continue to provide sewer service to developments within the Salt Creek basin pending the completion of the Salt Creek project. It is important to note that this is a contingency plan and the likelihood of this project being extended upto November 2004 is unlikely. ENVIRONMENTAL 1MPACT The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the state CEQA Guidelines. Thus, no further environmental review is necessary. FISCAL IMPACT: Council had earlier approved $218,000 to be used fi.om the Trunk Sewer Fund to pay the monthly transportation costs for the period of November 2002 through August 2003. Payments made to date total approximately $193,500. However, if the agreement is Page 4, Item '7 Meeting Date 10/28/03 needed to remain in place till November 2004, at a cost of $334,000, an additional amount of $309,500 will be needed to cover the monthly payments. Since the Salt Creek project was partially funded with Trunk Sewer funds, and since there were available funds in the project account (which was derived from cost savings from the construction of the first phase of the project) to make the initial monthly payments, the payments were made from that project account. Council approval of this resolution will further authorize the expenditure of additional $309,500 in Trunk Sewer Capital Reserve Funds previously allocated to the Salt Creek Project (SW219) to continue be used make the monthly payments to the City of San Diego for the use of the Otay Valley Trunk Sewer line for the specified period. Attachruents: 1. Agreement by and between the City of Chula Vista and the City of San Diego for the interim connection to the Otay Valley Trunk Sewer and the temporary diversion of 2.75 millions of gallons per day of sewage by the City of Chula Vista. 2. Plan showing the four phases of construction for the Salt Creek Project 3. Letter of approval from the City of San Diego. 4. First amendment to the agreement between the City of Chula Vista and the City of San Diego. J:\Engineer~AGENDA\First-Amendment-OTVTS- Interim Connection Agenda Statement ac.doc Last printed 10/21/2003 9:48:53 AM Recording Requested b), attd When Recorded Return to: A'I-r'ACHMEN7 / City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 <Above Space for Recorder's Use Only> OTAY VALLEY TRUNK SEWER AGREEMENT BETWEEN THE CITY OF CHULA- VISTA AND THE CITY OF SAN DIEGO This Agreement ("Agreement") is made this ~3fJ~ day of ~/OV~ , 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation ("Chula Vista"), and THE CITY OF SAN DIEGO, a manicipal corporation ("San Diego") and is made with rei~ereace to the following facts: RECITALS WHEREAS, the City of Chula Vista is currently in thc process of constructing the Salt Creek Gravity Sewer Interceptor, which is proposed to serve the developments in the Eastern Territories (Salt Creek Basin, Poggi Canyon Basin and Wolf Canyon Basin); and WHEREAS, the Salt Creek Gravity Sewer project which is carrently scheduled to be constructed in four Phases is already under construction and is expected to be completed before the end of July 2003; and WHEREAS, sewer service to developments within the Salt Creek Basin is Currently being provided by pumping sewage generated in that basin into the Telegraph Canyon Tronk sewer line (Telegraph Canyon basin); and WHEREAS, recent flow metering and engineering studies have indicated that the Telegraph Trunk sexver line is approaching threshold capacity, and to mitigate this, the pumped flow needs to be temporarily diverted into another basin or trunk sewer line; and WHEREAS, the City of San Diego has detem'fined that it has available capacity in the San Diego Municipal System (SDMS) at this time, in the amount of 2.75 MGD (2.75 Million Gallons Per Day) in the Otay Valley Trunk Sewer [OVTS], and is willing to allow Chula Vista to temporarily divert the pumped flow in accordance with the terms of'this agreement; and NOV 2 2 2002 OFFICE Or T~E {l~ CL[~ ~ ~Z-q~ WHEREAS, in order to facilitate the diversion of flow into another basin, two pump stations located at Olympic Parkway and Otay Lakes Road can be retrofitted to pump flows via the newly constructed Poggi Canyon trunk sewer to a temporary connection with the OVTS at a location close to the intersection of Palm Avenue and Valley Avenue at the location designated in Exhibit 1, attached hereto and incorporated herein by this reference; and WHEREAS, on September 5, 1989 by Resolution No. 274368 the City Council of Chula Vista approved the "Sewage Transportation Agreement between the City of Sm~ Diego and the City of Chula Vista concerning the Otay Rio Business Park" herein referred to as "Sewage Transportation Agreement", which allocated capacity in the OVTS to the City of Chnla Vista in the amount equal to one thousand, five hundred and twenty (1,520) Equivalent Dwelling Units (EDUs) with an average llow rate of four hundred and twenty five thousand, three hondred (425.300) gallons per day and a peak flow rate of 1.32 cubic feet per second (CFS); and WHEREAS, the City of Chula Vista has requested that the City of San Diego provide temporary capacity of the 2.75 MGD of sewage through the OVTS for the period of teu {10) months beginning November 1, 2002 and ending August 31, 2003 as more particularly set forth below; and WHEREAS, the C~ty ot San Dle.o is obligated to establish charges for use 0fthe OVTS, in part to reimburse the Otay International Center [OIC] for construction of the OVTS, pursuant to the Otay Mesa Sewer Facililies t°articipatio. Agreement with Otay International Center, Document No. RR-264173 dated September 30, 1985; NOW, THERFORE IN CONSIDERATION of the mutual covenants and conditions herein contained, that the parties do hereby mutually agree as follows: I. DEFINITIONS a. Equivalent Dwelling Unit (EDU) One EDU is equal to two Imndred and eighty (280) gallons of average daily flow. b. Peak Flow Peak Flow shall mean the highest actual instantaneous discharge of sewage as measured in fifteen minute intervals at the metering device, expressed as either a rate of flow' in cubic feet per second (cfs) or in million gallons per day (MGD) (I cfs = .646317 MGD). In the event of a dispute, cubic feet per second (cfs) will take precedence.. c. Sewage Sewage shall mean wastewater and any and all other waste substance whether liquid, solid or gaseous. Page 2 of 7 d. Transportation charge The amount charged to other agencies by San Diego to operate and maintain sewer pipes, measured in dollars per million gallons ofsewage per mile. 2. CONNECTIONS TO THE OVTS San Diego shall permit sewage from Chula Vista lo be temporarily discharged into the OVTS. Chala Vista shall, at its sole expense, make the necessary connections to allow such discharge to the OVTS at the location designated in Exhibit I, attached hereto and incorporated herein by this reference. The connection shall be subject to the standards and approval of San Diego. 3. OPERATION, MAINTENANCE, MANAGEMENT AND CONTROL OF OVTS CONNECTION Chula Vista, at ils sole expense, shall operate, maintain, manage and control its sewer facilities which discharge into and connect to the OVTS in an efficient and economical manner and maintain and preserve them in good repair and working order, all in accordance with recognized and sound engineering practices. 4, INSTALLATION OF METERING STATION San Diego shall install, a metering device at the location nmtually agreed to by San Diego and Chula Vista to monitor the amount of sewage discharged into the OVTS. The installation of the metering device Shall meet the standards set forth by San Diego. 5. PURCHASE, INSTALLATION, OPERATION. MAINTENANCE, MANAGEMENT AND CONTROL OF METERING DEVICE San Diego shall contract for the installation of the meter under its current contract with ADS and shall then operate, maintain, manage and control the metering device in an efficient and economical manner and preserve it in good repair and working order, all in accordance with recognized and sound engineering practices. For this service, Chula Vista shall reimburse San Diego one hundred percent (100%) of the costs incurred for purchase, installation, operation, maintenance, management and control. San Diego shall provide flow reports to Chula Vista on a monthly basis. In addition, Chula Vista shall have access to the electronic files from the metering device. 6. CAPACITY ALLOCATION IN THE OVTS (a) Temporary Capacity Allocation Page 3 of 7 During the term of this Agreement, the City of Chula Vista shall be allowed to divert into the OVTS a maximum Peak Flow of two and three-quarter (2.75) million gallons of sewage per day, starting from November 1,2002 and ending August 31, 2003. (b) Capacity Allocation The Sewage Transportation Agreement remains in full force and effect. The parties hereto agree that this agreement in no way modifies or amends the terms and conditions of Sewage Transportation Agreement, City document RR-274368 dated September I I, 1989. 7. CAPACITY AND TRANSPORTATION CHARGES (a) Chula Vista will pay the City of San Diego a temporary capacity charge in an amount agreed to by the OIC, currently anticipated to be $21,826.32 per month for the 2.75 MGD, which will be billed on a quarterly basis. In the event the OIC disputes the sufficiency this amount, Chula Vista may, at its option, either pay the amount requested by tbe OIC, or immediately cease discharge of sewage into the OVTS and pay any outstanding capacity and transportation charges indurred to date. San Diego shall not be liable for any deficiency between the capacity charge established by this Agreement and what the OIC may claim as a higher capacity charge, and Chula Vista shall indemnify San Diego agaiust any such claim by the OIC. (b) Chula Vista shall also pay all costs and expenses ("Transportation Charges") for the use of the OVTS. The current transportation unit cost is $0.66 per million gallons per mile. This rate may be adjusted annually to reflect any change in the maintenance costs. The Transportation Charges shall be based upon San Diego'g determination of the operation and maintenance cost of its trunk lines. Chula Vista's Transportation Charges shall be based upon Chula Vista's sewage flow in million gallons multiplied by the rate per million gallons multiplied by the number of transportation miles. (c) San Diego shall bill Chula Vista quarterly for the "Transportation Charges". The billing shall be furnished to Chula Vista within forty-five (45) days after the end of the calendar quarter to which the billing relates. Payment shall be made by Chula Vista within thirty (30) days after receipt of the billing from San Diego. The billing will occur quarterly. (d) No payment shall be withheld by Chula Vista because of any dispute as tO the amount thereof. Such payment shall be made with a notation as to the portion in dispute. Any amount determined to have been improperly allocated to Chula Vista shall be promptly refimded by San Diego. 8. CONTRACT TERM This Agreement shall become effective upon execution by both parties, and expire at midnight, August 31, 2003. Chula Vista shall have the right to request an extension of the interim connection to the OVTS to continue diverting two and three-quarters (2.75) MGD, and shall notify San Diego in writing sixty (60) days prior of'the expiration of this Page 4 of 7 Agreement. San Diego shall respond, in writing, within thirty (30) days after being notified by Chula Vista of its need to extend this Agreement, and shall indicate if the extension will be granted or denied. No extension will be effective, however, without a written amendment to this Agreement signed by both parties and a written approval from an authorized OIC representative. 9. APPLICABLE RULES, REGULATIONS AND LAWS Chula Vista agrees that all sewage discharged into the OVTS shall comply with all appropriate ordinances, policies and practices of San Diego, and the applicable rules, statutes and regulations of the United States, State of California and County of San Diego having jurisdiction over the collection, transmission, treatment and disposal of sewage and waste. 10. ACQUISITION OF ADDITIONAL CAPACITY FROM SAN DIEGO Chula Vista may request an increase in the temporary capacity set forth in Section 6 of this Agreement. Chula Vista shall apply to San Diego for such additional capacity service, stating the amount of additional capacity it desires. San Diego shall then, in its sole discretion, determine if additional capacity can be made available. San Diego shall promptly notify Chula Vista in writing of/ts decision to grant or deny the application. If the application is granted, San Diego shall set forth in writing the additional cost for the temporary capacity. Once payment has been made for the temporary capacity, it shall then be available to Chula Vista. I 1. MEDIATION (a) Upon notice to all of the parties involved, any dispute may be submitted to a mutually-acceptable mediator for resolution of the issue(s) raised. The decision of the mediator shall not be final or binding unless subsequently agreed to in writing byl the parties involved. Mediation is a prerequisite for any party to proceed to litigation. If mediation has not occurred within ninety (90) days after written request for mediation has beeu received by either party, the party requesting mediation may proceed to litigation unless the period for mediation has been extended by mutual agreement. (b) All mediation proceedings, results, and documentation, shall be non-binding and in~.dmissible for any purpose in any legal proceeding (pursuant to California Evidence Code sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be sabject to discover,/. 12. MANNER OF GIVING NOTICE (a) Notices required or permitted hereunder shall be sufficiently given ii'in writing and if either served personally upon or mailed by registered or certified mail to: Page 5 o f 7 City of San Diego Metropolitan Wastewater Director 9192 Topaz Way San Diego, CA 92123 City of Chula Vista Public Works Director 276 Fourth Avenue Chula Vista, CA 91910 (b) If shall points of contact and addresses should change, it is the obligation' of the party making the change to notify the other party by writing as soon as the change becomes effective. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties regarding the acquisition of temporary capacity in the OVTS. This Agreement is not intended to nor shall it in any way supersede or modify the terms and conditions of the Regional Wastewater Disposal Agreeme4~t between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System; Ordinance No. 0-18517, filed May 18, 1998 or any amendments thereto. 14. GOVERNING LAW In the event of litigation with respect to this Agreement, or the interpretation thereof, and with respect to all disputes or controversies arising hereunder, this Agreement shall be constraed in accordance with, and governed by, the laws of the State of California. Venae in respect to any suit or proceeding brought under or in connection with this Agreement shall be the County of San Diego, State of California 15. INTERPRETATION No inference, assumption or presumption shall be drawn fi'om Ihe fact 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 this Agreement. Page 6 of 7 SIGNATURE PAGE TO THE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA & THE CITY OF SAN DIEGO For the Interim use of the Otay Valley Trunk Sewer (OVTS) and the temporary diversion of 2.75 Million Gallons Per Day (MGD) of sewage by the City of Chula Vista. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF SAN DIEGO CITY OF CHULA VISTA .J[ Metropolitan Wastewater Director Shirley Hor~'n Mayor Attest: Susan Bigelow City Clerk Approved as to form: CASEY GWINN, City Attorney C(~Y A~seY (-~1 / Approved as to form: JOHN M. KAHENY, City Attorney J :\ Engin ee rbX. G E N DA X~$alt Crcck Intcrim Connectio~ Agreemcnl.xh,doc Last prinlcd November I I, 2002 3:03 PM Page 7 of 7 THE CITY OF SAN DIEGO ATTACHMENT .-~ . AGENCIES July 14, 2003 2003006964 Mr. Clifford L. Swanson Director of Engineering The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Subject: Request for Ninety-Day Extension to the Otay Valley Trunk Sewer (OVTS) Agreement between the City of Chula Vista and tho City of San Diego. Dear Mr. Swanson; In your letter of May 9, 2003, a ninety-day extension was requested for continued utilization of the Otay Valley Trunk Sewer to divert flow from the Poggi Canyon Trunk Sewer while construction of the Salt Creek Gravity Sewer line is completed. This request has been reviewed by Metropolitan Wastewater Department staffand is approved, for the following reasons: Flow modeling analyses determine that there would only be a capacity concern if there were a ten year rainfall event which is unlikely to occur during the requested timeframe; the greatest instantaneous peaks measured since the temporary connection in December 2003 have been less than 2.0 MGD, which is .75 MGD less than the contracted peak capacity; and the line is connected to a pump station with an external storage basin which has a six hour storage capacity if there were a need for emergency flow diversion. The August 31, 2003, date noted in the agreement, City of San Diego Document C-I 1790 is hereby extended to November 30, 2003, a total of ninety one days. If you have any questions, please call Hedy Griffiths at (858) 292-6321. ~N)e~rtment ~~ Director HRG:hrg cc: Hedy R. C-riffiths, Supervising Management Analyst, MWWD Service~i~s G:Agencies\Chula Vista\Issues\Salt Creek '~ Metropolitan Wastewater Department 9192 Topaz Way · San l)iogo, CA 92123 Tel (85B) 292-6300 Fax (858) 292-6310 ATTACHMEN'~* ~ FIRST AMENDMENT TO THE OTAY VALLEY TRUNK SEWER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE INTERIM USE OF THE OTAY VALLEY TRUNK SEWER This First Amendment to the Agreement ("Agreement") is made this day of , 2003, by and between THE CITY OF CHULA VISTA, a municipal corporation ("Chula Vista"), and THE CITY OF SAN DIEGO, a municipal corporation ("San Diego") and is made with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, by Resolution 2002-426 on November 5, 2002, approved an agreement with the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) line and which was filed in the Office of the City of San Diego City Clerk as Document No. 11790 on November 22, 2002 ("Original Agreement"); and WHEREAS, the City of Chula Vista is currently in the process of constructing the Salt Creek Gravity Sewer Interceptor, which is proposed to serve the developments in the Eastern Territories (Salt Creek Basin, Poggi Canyon Basin and Wolf Canyon Basin); and WHEREAS, the Salt Creek Gravity Sewer project which was originally scheduled to be completed before the end of July 2003, is now tentatively scheduled to be completed by early 2004, but could be delayed to as late as November 2004; and WHEREAS, sewer service to developments within the Salt Creek Basin is currently being provided by pumping sewage generated in that basin into the Poggi Canyon Trunk sewer line (Poggi Canyon basin) and partially diverted into the OVTS; and WHEREAS, the City of Chula Vista in a letter dated May 9, 2003 requested that the City of San Diego continue to provide temporary capacity to facilitate the diversion of 2.75 MGD (Million Gallons Per Day) of sewage through the OVTS for a period of Ninety One days beyond the original contract term, from September 1, 2003 and through November 30, 2003; and WHEREAS, the City of San Diego in a letter dated July 14, 2003 granted Chula Vista's request to extend the contract for the stated period, September 1, 2003 through November 30, 2003 pending the execution of an appropriate amendment to the Original Agreement; and WHEREAS, due to an unavoidable major delay in the construction of the Salt Creek Project, it has now been necessary for the City of Chula Vista to request that the City of San Diego further extend the contract term to provide temporary capacity for the diversion of 2.75 MGD of sewage through the OVTS for a total period of fifteen (15) months beginning September 1, 2003 and ending November 30, 2004; and WHEREAS, the City of San Diego has determined that it has available capacity in the San Diego Municipal System (SDMS) at this time, in the amount of 2.75 MGD in the OVTS, and is willing to allow Chula Vista to continue to temporarily divert flow for an additional period of fifteen (15) months from September 1, 2003 and ending November 30, 2004. NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree that the Original Agreement is hereby amended as follows: I. Section 6 (a), Capacity Allocation in the OVTS, is hereby modified to read as follows: CAPACITY ALLOCATION IN THE OVTS (a) Temporary Capacity Allocation During the term of this Agreement, the City of Chula Vista shall be allowed to divert into the OVTS a maximum Peak Flow of two and three-quarter (2.75) million gallons of sewage per day, starting from November 1, 2002 and ending November 30, 2004. 2. Sections 8, Contract Term, is hereby modified to read as follows: CONTRACT TERM This Agreement shall become effective upon execution by both parties, and expire at midnight, November 30, 2004. Chula Vista shall have the right to request an extension of the interim connection to the OVTS to continue diverting two and three-quarters (2.75) MGD, and shall notify San Diego in writing sixty (60) days prior of the expiration of this Agreement. San Diego shall respond, in writing, within thirty (30) days after being notified by Chula Vista of its need to extend this Agreement, and shall indicate if the extension will be granted or denied. No extension will be effective, however, without a written amendment to this Agreement signed by both parties and a written approval from an authorized OIC representative. 3. All other terms and conditions of the Original Agreement not specifically modified by this first amendment shall remain in full force and effect. Page 2 of 3 Signature Page To First Amendment To The Agreement By and Between The City of Chula Vista & The City Of San Diego For the Interim use of the Otay Valley Trunk Sewer (OVTS) for the temporary diversion of 2.75 Million Gallons Per Day (MGD) of sewage by the City of Chula Vista. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF SAN DIEGO CITY OF CHULA VISTA Scott Tulloch Metropolitan Wastewater Director Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to form: Approved as to form: By: By:_ Casey Gwinn City Attorney Ann Moore, City Attorney J:\Engineer~AGENDA~First-Amendment-OTVTS- Interim Connection Agreement.ac.doc Last printed 10/21/2003 9:48 AM Page 3 of 3 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE INTERIM USE OF THE OTAY VALLEY TRUNK SEWER (OVTS) LINE TO EXTEND THE AGREEMENT FOR AN ADDITIONAL 15-MONTH PERIOD, AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT WHEREAS, on November 5, 2002, the City of Chula Vista entered into an agreement with the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) Line; and WHEREAS, this agreement allowed the City of Chula Vista to temporarily divert up to 2.75 million gallons per day (mgd) of sewage from the Poggi Canyon Trunk Sewer to the OVTS; and WHEREAS, the term of the agreement was originally from November 2, 2002 through August 31, 2003, and was based upon the completion date of the Salt Creek Gravity Sewer to which the Poggi Canyon Trunk Sewer would ultimately be connected; and WHEREAS, since the completion of the Salt Creek Trunk Sewer will be delayed, this amendment is required to allow the continued use of the OVTS until November 2004; and WHEREAS, Council previously authorized the use of the Trunk Sewer Fund which partially funded the Salt Creek project to pay the transportation costs pursuant to the terms of the Agreement and additional funds are necessary to pay costs associated with the First Amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby approved the First Amendment between the City of Chula Vista and the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) Line to extend the agreement for an additional 15-month period, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that an additional $309,500 may be expended from the Trunk Sewer Capital Reserve Fund to make monthly payments pursuant to the First Amendment. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized to execute said First Amendment for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: Clifford Swanson Director of Engineering City Attorney J:~Attorney\reso\OVTS 1~t Amendment 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 Ann Moore City Attorney Dated: lC" LC -&¢.12 First Amendment to the Otay Valley Trunk Sewer Agreement between the City of Chula Vista and the City of San Diego for the interim use of the Otay Valley Trunk Sewer FIRST AMENDMENT TO THE OTAY VALLEY TRUNK SEWER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE INTERIM USE OF THE OTAY VALLEY TRUNK SEWER This First Amendment to the Agreement ("Agreement") is made this day of , 2003, by and between THE CITY OF CHULA VISTA, a municipal corporation ("Chula Vista"), and THE CITY OF SAN DIEGO, a municipal corporation ("San Diego") and is made with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, by Resolution 2002-426 on November 5, 2002, approved an agreement with the City of San Diego for the interim use of the Otay Valley Trunk Sewer (OVTS) line and which was filed in the Office of the City of San Diego City Clerk as Document No. 11790 on November 22, 2002 ("Original Agreement"); and WHEREAS, the City of Chula Vista is currently in the process of constructing the Salt Creek Gravity Sewer lntemeptor, which is proposed to serve the developments in the Eastern Territories (Salt Creek Basin, Poggi Canyon Basin and Wolf Canyon Basin); and WHEREAS, the Salt Creek Gravity Sewer project which was originally scheduled to be completed before the end of July 2003, is now tentatively scheduled to be completed by early 2004, but could be delayed to as late as November 2004; and WHEREAS, sewer service to developments within the Salt Creek Basin is currently being provided by pumping sewage generated in that basin into the Poggi Canyon Trunk sewer line (Poggi Canyon basin) and partially diverted into the Otay ~' alley Trunl~ Sewer OVTS; and WHEREAS, the City of Chula Vista in a letter dated May 9, 2003 requested that the City of San Diego continue to provide temporary capacity to facilitate the diversion of 2.75 MGD (Million Gallons Per Day) of sewage through the OVTS for a period of Ninety One days beyond the original contract term, from September 1, 2003 and through November 30, 2003; and WHEREAS, the City of San Diego in a letter dated July 14, 2003 granted Chula Vista's request to extend the contract for the stated period, September 1, 2003 through November 30, 2003 pendin~ the execution of an appropriate amendment to the Original Awreement; and WHEREAS, due to an unavoidable major delay in the construction of the Salt Creek Project, it has now been necessary for the City of Chula Vista ~ torcq u¢'st~d request that the'City of San Diego further extend the contract term to provide temporary capacity for the diversion of 2.75 MGD of sewage through the OVTS for a total period of fifteen (15) months beginning September l, 2003 and ending November 30, 2004; and WHEREAS, the City of San Diego has determined that it has available capacity in the San Diego Municipal System (SDMS) at this time, in the amount of 2.75 MGD (2.75 ?vlillion Gallons I~c~:.-l)ay) in the (:)my.-.Vallcy 't-mnk~g~:~er ~OVTS~, and is willing to allow Chula Vista to continue to temporarily divert flow for an additional period of fifteen (15) months from September 1, 2003 and ending November 30, 2004. NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree that the Original Agreement is hereby amended as follows: 1. Section 6 (a), Capacity Allocation in the OVTS, is hereby modified to read as follows: CAPACITY ALLOCATION 1N THE OVTS (a) Temporary Capacity Allocation During the term of this Agreement, the City of Chula Vista shall be allowed to divert into the OVTS a maximum Peak Flow of two and three-quarter (2.75) million gallons of sewage per day, starting from S~_~*tembev. t.:.-2{4~33 November l, 2002 and ending November 30, 2004. 2. Sections 8, Contract Term, is hereby modified to read as follows: CONTRACT TERM This Agreement shall become effective upon execution by both parties, and expire at midnight, November 30, 2004. Chula Vista shall have the right to request an extension of the interim connection to the OVTS to continue diverting two and three-quarters (2.75) MGD, and shall notify San Diego in writing sixty (60) days prior of the expiration of this Agreement. San Diego shall respond, in writing, within thirty (30) days after being notified by Chula Vista of its need to extend this Agreement, and shall indicate if the extension will be granted or denied. No extension will I~e effective, however, without a written amendment to this Agreement signed by both parties and a written approval from an authorized OIC representative. 3. All other terms and conditions of the Original Agreement not specifically modified by this first amendment shall remain in full force and effect. Page 2 of 3 Signature Page To First Amendment To The Agreement By and Between The City of Chula Vista & The City Of San Diego For the Interim use of the Otay Valley Trunk Sewer (OVTS) for the temporary diversion of 2.75 Million Gallons Per Day (MGD) of sewage by the City of Chula Vista. 1N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF SAN DIEGO CITY OF CHULA VISTA Scott Tulloch Metropolitan Wastewater Director Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to form: Approved as to form: By: Casey Gwinn City Attorney By: Ann Moore, City Attorney J:\Engmccr\AGENDA\First-Amendm=nt-OTVTS- Interim Connection Agreement.ac.doc Page 3 of 3 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 10/28/03 ITEM TITLE: Resolution approving a Design Build Agreement with Rudolph and Sletten, inc. for the provision of services required to design and construct Salt Creek Park, located in the Eastlake Trails neighborhood, south of Otay Lakes Road in eastern Chula Vista, and authorizing the Mayor to execute said agreement SUBMITTED BY: REVIEWED BY: Jack Griffin, Director of General Services ~-)xG. City Manager ~d (4/Sths Vote: Yes __ No X) The City Council previously approved C1P project No. PR251 and the Master Plan for Salt Creek Park which conceptually designed and provided for the construction of a completed and fully functional park and recreation center. The project is ready to begin the design phase. RECOMMENDATION: That the City Council approve the Design Build Agreement with Rudolph and Sletten, inc. for the provision of services required to design and construct Salt Creek Park and authorize the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On April 17, 2003, the Department of Building and Park Construction issued an RFQ, pursuant to Section 2.57 of the Chula Vista Municipal Code, for Construction Management and Design Build Services to assist staff in the work required to design and construct needed City facilities, excluding fire facilities. On May 2, 2003, the City received twelve proposals in response to the RFQ. After reviewing the proposals the City's selection committee, appointed by the City Manager, invited nine firms to interview and based upon the RFQ responses and interviews a priority list of Construction Managers and Design Builders was created. This priority list was approved by Council on June 17, 2003 and remains current for five years. On July 14, 2003, in accordance with Section 2.57 of the Chula Vista Municipal Code, the City requested proposals from five Design Build firms off the priority list for services to design and construct a fully functional park and recreation center at Salt Creek Park. Four of the five firms that submitted proposals were Douglas E. Barnhart, Inc., Erickson-Hall Construction Co., Swinerton Builders and Rudolph and Sletten, Inc. Based on the proposals, Rudolph and Sletten, inc. was selected as thc Design Builder with extensive construction experience for this type of project and who could best meet the City's aggressive development schedule. Page 2, Item: ~ Meeting Date: 10/28/03 The D/B Team of Rudolph and Sletten, lnc and Jeff Katz Amhitecture offers an excellent combination of design and construction expertise for this type of project. The City has been pleased with the work of JeffKatz Architecture on previous public works projects including Fire Station No. 3 and Fire Station No. 4. As a D/B Team, their past project experience has demonstrated their ability to successfully complete projects in a timely manner and on budget as experienced with the most recent completion of Fire Station No. 7 located in Otay Ranch. DESIGN/BUILD Staff is recommending the City enter into an agreement with Rudolph and Sletten, Inc. for the provision of services required to design and construct Salt Creek Park. This will be the City's eighth utilization of the design/build process as a project delivery system. 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 firn~ will be held responsible for all aspects of the project. In the case of Salt Creek Park, the design/build process will place sole responsibility for delivery of the project upon Rudolph and Sletten, Inc., a general contractor. Rudolph and Sletten, Inc. will subcontract for the design and consulting services, and trade contracts during the construction phase. Generally utilization of a design/build process will provide savings in cost and time because the entire project is managed and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple entities and overhead on one project. The design/build process provides the City the flexibility to work with the best contractors in the County as it does not necessarily require award to the lowest responsible bidder. PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS As proposed, the Design/Build Agreement with Rudolph and Sletten, Inc. will provide the City with a fully functional park and recreational center that will be located in the Eastlake Trails neighborhood and will provide service to residents of that community as well as other residents of the City. The scope of work includes but is not limited to the following: Design and construct for the City a fully functional park and recreation center as outlined in the "Salt Creek Community Park, Approved Master Plan", dated January 2003 (excluding field and court lighting). The park and recreation center shall include, but not be limited to all components described in the document titled "Salt Creek Community, Approved Master Plan", dated January 2003 (excluding field and com't lighting). The Project is located in the Eastlake Trails Neighborhood, south of Otay Lakes Road. Rudolph and Sletten, Inc. shall perform all services, work, and obligations as described necessary to provide a fully completed and functional Project, which shall include design Page 3, Item: Meeting Date: 10/28/03 services, general conditions and construction management for the not to exceed mount of $1,524,414. At 90% construction 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 park and recreation center in accordance with all applicable building codes. Staff will return to Council for approval of the GMP. At that same time, Staff will also request that Cottncil appropriate the necessary ftmds from the Park Acquisition and Land Development Fund and Recreation Facilities Development Impact Fee Fund to construct the project. CHANGE ORDERS Under the design/build process, change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by the City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. Tlfis practice is commonplace when using the design/build construction technique. PROJECT COMPLETION DATES Rudolph and Sletten, Inc. has agreed and the contract reflects the following completion dates: · Substantial Completion: No later than 600 calendar days from issuance of Notice to Proceed at execution of Abrreement. 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 fm'ther 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: No later than 630 calendar days from issuance of Notice to Proceed at execution of Agreement. 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: 10/28/03 ENVIRONMENTAL STATUS The Park was analyzed as part of the EIR for the Eastlake Trails SPA Plan. The Master Plan, which is scheduled to be constructed, includes lighting that has not received environmental review. The D/B Agreement scope of work does not include field and court lighting for the Park. After environmental review, if appropriate, Staff will consider processing an amendment to the agreement to include lighting. FISCAL IMPACT: Rudolph and Sletten, Inc. shall perform design services, general conditions, and construction management for the not to exceed amount of $1,524,414. At 90% complete construction 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 park and recreation center in accordance with all applicable building codes. The total estimated Project costs are $13,628,800 and are broken down as follows: Master Plan; $157,002 (completed), Design and Construction; $12,044,814 and furniture, fixtures, equipment, specialty consultants, contingencies and staff time; $1,426,984. Staff will return to Council for approval of the GMP, which shall not exceed $12,044,814, once the construction documents reach 90% completion. At the same time, staffwill request that Council appropriate additional funds from the Park Acquisition and Land Development Fund and Public Facilities Development Impact Fee Ftmd to construct the project. Funds currently in the CIP of $1,524,497 are sufficient to begin the design phase. All costs of the project will be funded by the Park Acquisition and Land Development Fund and the Recreation Facilities Development Impact Fee Fund. There will be no General Funds in the construction of the facility. When staff returns to Council for approval of the GMP, it will also provide an analysis of the projected operating costs of the facility. Attachment(s): Attachment 1 - Design/Build Agreement J:\General Services\GS Administration\Council Agenda~Salt Creek Park\Salt Creek Park DBA Al 13.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: Design Build Agreement with Rudolph and Sletten, Inc for the Provision of Services required to design and construct SaltCCreek Park, located in the Eastlake Trails Nei§hborhood RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT SALT CREEK PARK, LOCATED IN THE EASTLAKE TRAILS NEIGHBORHOOD, SOUTH OF OTAY LAKES ROAD IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City Council previously approved CIP Project No. PR251 and the Master Plan for Salt Creek Park which conceptually designed and provided for the construction ora completed and fully functional park and recreation center; and WHEREAS, the Design Build team of Rudolph and Sletten, Inc. and Jeff Katz Architecture offers an excellent combination 'of design and construction expertise for this type of project. Their past project experience has demonstrated their ability to successfully complete projects in a timely manner and on budget as experienced with the most recent completion of Fire Station No. 7; and WHEREAS, based on proposals, Rudolph and Sletten, Inc., was selected as the Design Builder with extensive experience for this type of project and who would best meet the City's aggressive development schedule; and WHEREAS, staff recommends that the City enter into a Design Build Agreement with Rudolph and Sletten, Inc. for the provision of services required to design and construct Salt Creek Park; 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 adopted Sunbow General Development Plan Final Envirol~mental Impact Report, EIR 88-01 and subsequent Addendum. Thus no further environmental review or documentation is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Design Build Agreement with Rudolph and Sletten, Inc. for the provision of services required to design and construct Salt Creek Park, located in Eastlake Trails neighborhood, south of Otay Lakes Road in eastern Chula Vista, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Jack Griffin Director of General Services J:\attomey)'eso\Design Build Salt Creek Park Approved as to form by DESIGN/BUILD AGREEMENT This Agreement is made and entered into this 28th day of October, 2003, by and between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc.("Design Builder or D/B"). City and D/B are sometimes hereinafter referred to as Parties ("Parties"). RECITALS WHEREAS, the project, Salt Creek Community Park, 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 Salt Creek Community Park located in the Eastlake Trails neighborhood, South of Otay Lakes Road in the Eastern area of the City; and WHEREAS, The Park was analyzed as part of the Environmental Impact Report for the Easfiake Trails SPA Plan; and WHEREAS, on April 17, 2003 Building and Park Construction issued a Request for Qualifications (RFQ), Pursuant to § 2.57 of the City's Municipal Code, Design Build services to design and construct needed City facilities, excluding fire facilities, and WHEREAS, on June 17, 2003 the Council approved a resolution establishing a Design-Build Priority List to be used in awarding Design-Build contracts for future City projects, excluding fire facilities, and WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on July 14, 2003 an RFP (Request for Proposal) was issued to five Design-Build firms off the Priority List to present proposals, and WHEREAS, four 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; 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/B 1.1 In accordance with the terms set forth in this Agreement and the RFQ for Design Build Services excluding Fire Stations and RFP for Salt Creek Community Park (Exhibit 1 ), D/B shall design and construct for the City: a completed and fully functional 24-acre multi-use community park. The community park shall include, but J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 1 of 49 2.1 City shall be obligated as follows: 2.1.1 Designate a representative (or representatives) who is authorized to act on behalf of City with respect to the Project, except as to those decisions specified herein or by law that require authorization by the Chula Vista City Council; 2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly 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 orderly 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 Approved Master Plan for the Project. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 3 of 49 not be limited to all components outlined and described (excluding field and court lighting) in the attached document entitled Salt Creek Community Park Master Plan (Exhibit 1) (referred to hereafter as "Project"). The Project is located on the Eastlake Trails neighborhood, South of Otay Lakes Road in the Eastern area of Chula Vista. 1.1.1 The field and court lighting was added to the Master Plan by action of Park and Recreation Commission. The inclusion of any field and court lighting is subject to additional environmental review. 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 Guaranteed Maximum Price (GMP), which shall include Design Services and General Conditions necessary to provide a fully completed and functional Project. D/B shall perform all Design Services and General Conditions for the not to exceed amount of $1,524,414. 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 matedal to design and build a fully functional park and recreation facility (excluding field and court lighting) in accordance with all applicable rules, regulations, and laws. The D/B fee shall be 4.0%of hard construction costs and the bond cost shall be 0.78% of hard construction costs. 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 GM P 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 600 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 630 calendar days from issuance of Notice to Proceed at execution of Agreement. Section 2: General Obliclations of City J:\General Services\GS Administrafion~Design Build Agreements\Salt Creek Community Park DB.doc Page 2 of 49 2.2.1 For each D/B submission, City shall have fifteen (15) working days to review, approve, conditionally approve or deny. 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 4 of 49 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 dudng 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB,doc Page 5 of 49 imposed upon City, its officers, employees and agents as a result of this Project. 3.1.10 To obtain all permits necessary to complete the Project. City shall pay cost of permits. D/B shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors. 3.1.11 Conform its design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). 3.1.12 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) DDD (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. 3.1.13 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. 3.2 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 writing within five (5) J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 6 of 49 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 fumished 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. 3.3.1 D/B warrants that at least one member of the D/B team shall be licensed by the California Contractor's State License Board as a General Building Contractor. D/B is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of construction. City and D/B shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of D/B, City shall have the right to approve the replacement personnel 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 7 of 49 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 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 Material 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 Individual Project Manager, Landscape Architect 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, 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 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 substitution of replacement of the individual, the City shall be entitled to terminate this Agreement for cause. 3.4 DIB 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 8 of 49 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 Biddin(~ 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 entering 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 Obliqations - Desiqn Development 5.1 D/B's services in Phase I shall include, but are not limited to the following: 5.1.1 Utilizing the approved Master Plan (excluding field and court lighting) Continue to 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 9 of 49 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, 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 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, park elements 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 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB,doc Page 10 of 49 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. Section 6: D/B's Phase II Services and Obliclations - 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. 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 J:\General Services\GS Adrninistration~)esign Build Agreements\Salt Creek Community Park DB.doc Page 11 of 49 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. 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: J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 12 of 49 6.1.2.11.1 6.1.2.11.2 6.1.2.12 6.1.2.13 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; Preliminary equipment layouts, required space for equipment, required chases and clearances. Sections through critical areas showing coordination of architectural, structural, mechanical and electrical elements. Final specifications, including but not limited to the following: 6.1.2.13.1 6.1.2.13.2 6.1.2.13.3 6.1.2.13.4 6.1.2.13.5 6.1.2.13.6 Architectural: general description of the construction, including interior finishes, types and locations of acoustical treatment, typical and special floor coverings and final exterior and interior material selection; Mechanical: description ofair conditioning, heating and ventilation systems and controls, ducts, and piping system; 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; Landscape: General description of the construction, including plan materials, plant locations, maintenance period and irrigation systems. Play Areas: Description of play equipment including installation procedures, type, color, finishes and locations. Site Work: General description of the construction, including finishes, types of materials and locations. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 13of49 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 of fixtures, 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 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park Dl~.doc Page 14 of 49 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 Cdtical Path Method schedule for all construction components of the Project (" Detailed Construction Schedule" or "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 community park, 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 J:\General Services\GS Administration~Design Build Agreements\Salt Creek Community Park DB.doc Page 15 of 49 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 Ill. 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: 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 J:\General Services~GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 16 of 49 6.9.1.3 Direct D)B to revise and resubmit documentation submitted to City pursuant to this Section 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 IIh Construction Administration 7.1 After City formally approves any required cost estimates, 100% CD's 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 III 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 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 7.1.6 7.1.7 7.1.8 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. Perform construction management and administration services during the construction of the Project; Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures; Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB,doc Page 17 of 49 7.1.9 7.1.10 7.1.11 7.1.12 7.1.13 7.1.14 7.1.15 sequence of the construction of the Project. Monitor and report to the City on actual performance compared to schedule; Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project; 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; 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; Establish and maintain a quality control program with appropriate reviews and independent testing procedures to ensure compliance with the Construction Documents; Coordinate all required inspections in such a manner that the progress of construction is not affected or impacted; Correct any work which does not conform to the Construction Documents; 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. 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. Prior J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 18 of 49 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 off.ice 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 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. J:\General Services\GS AdministratJon~Design Build Agreements\Salt Creek Community Park DB.doc Page 19of49 7,1.27 7.1.28 7.1.29 7.1.30 7.1.31 7.1.32 7.1.33 7.1.34 ?.1.35 When appropriate, witness testing and review materials and equipment testing results and provide comments regarding conformance with specification requirements. Provide list of required shop drawing submittals. Review shop- drawing submittals for technical compliance and forward copy to City for review. Assist during final acceptance process by furnishing final walk- through(s) and comments. The DB shall be responsible for complete management, supervision, and reporting of all aspects of the construction of this Project. 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 CD's, 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. 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. 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. 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. 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. J:\General Services\GS Administration\Design BuiLd Agreements\Salt Creek Community Park DB.doc Page 20 of 49 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: 8.1.1 8.1.2 8.1.3 8.1.4 8.1.15 Section 9: D/B's Phase IV Services and Obliqations: Operation/Startup Phase The DB shall prepare, submit for City review and written approval, and implement a Project Startup and Testing Plan for the Project. The DB shall conduct Operator Training Sessions for facilities. The DB shall supervise, manage, and coordinate all project startup and testing activities for mechanical systems within the provisions of the project Contract Documents. The DB shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. 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. Additional Services J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 21of49 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. 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 22 of 49 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 property, which may arise from or in connection with the performance of the work hereunder by the D/B, his agents, representatives, employees or subconsultants. All subconsultants shall be required to comply with the applicable insurance provisions. The maintenance of proper coverage is a material element of the contract and that faiJure 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. 11.3,1.5 Builder's Risk Property Insurance: The City of Chula Vista will provide coverage for "all risk" Builder's Risk Insurance, excluding the peril of earthquake, and subject to other policy terms, conditions and exclusions, Coverage will be provided for the Full Hard Cost Replacement Cost of Materials, J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 23 of 49 Equipment and fixtures destined to become a permanent part of the structure, Property in Transit, and Property in Offsite Storage for Salt Creek Community Park construction in an amount not to exceed $5.5 million. 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 Liability: (Including operations, products and completed operations.) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.4.1.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.4.1.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease. 11.4.1.4 Errors and $1,000,000 Omissions: peroccurrence · J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 24 of 49 11.4.1.5 Builder's Risk $5,500,000 Hard Construction Cost of Structure 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 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 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 clause. The endorsements should be on forms that conform to the J:\General Services\GS Adrninistration~Design Build Agreements\Salt Creek Community Park DB,doc Page 25 of 49 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 begin ning 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 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 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:¥. 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 of this Agreement shall be directed to the City Representative. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 26 of 49 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 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 Citytimely 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 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)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 design and construction of the entire Project as specified in the 90% CD's; provided that: J:\General Services\GS Administration\Design Build Agreements'Salt Creek Community Park DB.doc Page 27 of 49 13.1.1 The GMP shall not exceed $6.3 million for the Park and $5.5 million for building and include within said GMP shall be no more than $1,524,414 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 o 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 preformed 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 sum to be determined at 90% construction documents. GMP shall include the not to exceed amount of J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 28 of 49 $633,814 for General Conditions and $890,600 for Design Services for a total of $1,524,414. Said $1,524,414 for General Conditions and Design Services shall not be exceeded unless additional services ara 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 amhitectural, 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; 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. 13.2.6 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." J:\General Servioes\GS Administration~Design Build Agreements\Salt Creek Community Park DB.doc Page 29 of 49 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: Chancle 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 rise to a Change Order, D/B shall give the City notice of the same with 5 days. D/B shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property. 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 30 of 49 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: Payment Terms 15.1 D/B shall provide all Phase I, II and IV services for the Phase I, il 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 pementage 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 cedificate 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 31 of 49 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 percent (90%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 10% as security for D/B's full performance. 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, J:\Generel Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB,doc Page 32 of 49 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, widng 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 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 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 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 33 of 49 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: Riqht to Modifv 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 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 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 34 of 49 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 prevision 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 35 of 49 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 commemial 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 GM P or the Contract Time, and the Agreement shall be modified in writing accordingly. Section 24: Personal Services and Non-Assiqnabilit¥ 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 d:~General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 36 of 49 involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a matedal 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 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 37 of 49 under broach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action. D/B's obligation regarding asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. Section 26: Riqht 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 J:\General Services~GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 38 of 49 accrue. Any retention or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance bond surety. 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. 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 Relatina 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, theagreed amount, exclusive ofcosts 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 terminafion occurs during Phase I, II, or Ill, 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 J:\Genera[ Ser,/ices\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 39 of 49 proportional to the percentage of work satisfactorily completed and authorized pursuant to Section 6. 26.6 Failure to Aqree 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 performed; 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 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: J:\General Services\CS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 40 of 49 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 bv 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 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 Judament J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 41 of 49 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 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: 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 Majeure 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. J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 42 of 49 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 or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which D/B is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, D/B, in developing the GMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; D/B shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days. 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 Fome 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 wdting within 7 days of receipt of request and all supporting data. Said Change Order shall be made in good faith and accurately reflect the adjustment in GMP or Contract Time for which J:\General Servi~es\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 43 of 49 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: Rudolph and Sletten, Inc. 4350 Executive Drive Suite 301 San Diego, CA 92121 Tel: 858-455-1161 Fax: 858-455-1861 J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 44 of 49 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 Severabilitv: 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 Draftinq Ambiquities: 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 Ohula 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~3esign Build Agreements\Salt Creek Community Park DB.doc Page 45 of 49 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 Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this AgreemenL 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 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 Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 46 of 49 10/23/2003 15:13 FAX 16193976250 CITY OF CV -~ CITY CLERK ~001 FILE No.26'7 10/23 '03 13:34. ID:RUDOLPH ~ SLETTEN, INC FAX:$5$ 455 1581 PAaE 2/ 2 SIGNATURE PAGE TO DE~IGNIBUILD AGREEMENT CITY OF CHULA VISTA By. Stephen C. Padilla. Mayor Al-rEST; Rudolph and By: Susan Bigelow, Cily Cterk Approved as to form by: Ann Moore, City Ai~torney of 49 GLOSSARY OF TERMS J:\Generai Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc Page 48 of 49 GLOSSARY OFTERMS 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 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. Construction Documents. D/B's amhitectural, 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 J:\General Services\GS Administration~Design Build Agreements\Salt Creek 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 J:\General Services\GS Adminisa'ation~Design Build Agreements\Salt Creek Glossary of Terms.doc -2- 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. 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. 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, Detailed Construction Schedule, preparation of GMP Finalized J:\General Services\GS AdministrationkDesign Build Agreements\Salt Creek Glossary of Terms.doc -3- 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 Community Park and on and off site improvements as more fully described on the Salt Creek Community Park 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. Ail 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. J:\General Services\GS Administration~Design Build Agreements\Salt Creek Glossary of Terms.doc -4- EXHIBIT LIST fi-Ill) Exhibit I RFP for Design Build Services for Salt Creek Community Park A) Master Plan 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\Salt Creek Community Park DB.doc EXHIBIT 1 RFP for Design Build Services Salt Creek Community Park: A) Master Plan B) Sample D/B Contract and Glossary of Terms C) General Conditions Worksheet J:\General Services\GS Administration\Design BuiLd Agreements\Salt Creek Communi[y Park DB.doc CI]YOF CHULA VISTA REQUEST FOR PROPOSAL FOR DESIGN/BUILD SERVICES FOR SALT CREEK COMMUNITY PARK REP Issue Date: Monday, July 14, 2003 Proposal Due Date & Time: Monday, August 4, 2003 by 4:00 pm City of Chula Vista Department of General Services Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 Table of Contents 1.0 INTRODUCTION ................................................................................................................ 1 2.0 IMPORTANT DATES ........................................................................................................ 1 3.0 PROJECT DESCRIPTION .................................................................................................. 1 4.0 GENERAL OBLIGATIONS OF DBT ........................................................................ : ....... 2 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 1II .......................................................................... 9 6.0 INSURANCE REQUIREMENTS ....................................................................................... 9 7.0 INSPECTION .................................................................................................................... 11 8.0 CHANGE IN GMP AND CONTRACT T1/VIE ................................................................. 11 9.0 PROJECT COMPLETION ................................................................................................ 12 10.0 WARRANTIES AND GUARANTEES ............................................................................ 12 11.0 MAINTENANCE OF RECORDS AND ACCOLrNTING ................................................ 13 12.0 OWNERSHIP OF DOCUMENTS .................................................................................... 13 13.0 RFP REQUIREMENTS ..................................................................................................... 13 13.3 General RFP Requirements: ......................................................................................... 14 13.4 Contents: ....................................................................................................................... 14 13.5 Experience and Technical Competence: ....................................................................... 15 13.6 Proposed Method to Accomplish the Work: ................................................................. 15 13.7 Knowledge and Understanding of Local "Enviromnent": ............................................ 15 13.8 Project Organization and Key Personnel: ..................................................................... 15 13.9 Financial Arrangements for DBT Members: ................................................................ 15 13.10 Exceptions to this RFP: ................................................................................................. 16 13.11 Addendato this RFP: .................................................................................................... 16 13.12 Minimum Contractor Qualifications:....; ....................................................................... 16 13.13 Schedule of Rates and Fees ..................................................................... 16 13,14 Additional Information ........................................................................... 16 14.0 PUBLIC DISCLOSURE .................................................................................................... 17 15.0 PROPOSAL SCHEDULE ................................................................................................. 18 16.0 PROPOSAL SELECTION PROCESS .............................................................................. 18 17.0 PROPOSAL EVALUATION CRITERIA ......................................................................... 18 18.0 CONTRACT TERMS AND CONDITIONS ..................................................................... 19 ATTACHMENT A- Park Master Plan .................................................................... 21 ATTACHMENT B - Sample Design/Build Contract ................................................... 22 ATTACHMENT,C - Example of General Conditions Worksheet .................................... 23 REQUEST FOR PROPOSAL DESIGN/BUILD SERVICES 1.0 INTRODUCTION 1.1 Thc City of Chula Vista (City) is circulating this Request for Proposal (RFP) requesting proposals from DcsigrdBuild Teams (DBT) qualified to provide the City with, design services, engineering services, architectural services, construction management, and construction services/coordination for the construction of Salt Creek Community Park. The DBT shall consist mainly of a General Contractor Landscape Architect 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 design/build consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP's requirements and procedures may be a cause for disqualification. 1.2 This RFP has been distributed to selected firms on the City's list of Design/Builders certified on June 17, 2003. 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. 1.3 The City is requesting, but not requiring, that the Design Builder consider using the design team that prepared the Salt Creek Commmfity Park Master Plan to be part of the DBT. 2.0 IMPORTANT DATES 2.1 Proposal Due Date: Monday, August 4, 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 24- acre park and recreation facility (referred to hereafter as "Project"). The park shall include, but not be limited to all components outlined and described in the attached document titled "Salt Creek Community Park Master Plan" (Attachment A), The Salt Creek Community Park is located on the south side of Otay Lakes Road between the EastLake Trails Subdivision to the west and the EastLake Vistas Subdivision to the east. I 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~3 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. 2 F. Comply with the Ca!ifomia Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap. G. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, density and density ratios and lien laws, and comply with them in performance of its services. DBT shall ensure that within the established GMP that the Project conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements. H. Take all reasonable steps during the course of construction to control dust and noise in accordance with the provisions in 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. If DBT 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 ("ADAAG") and the Americans With Disabilities Act ("ADA"). L. Seek and obtain written approval from the City of the drawings for each of the following design phases: (1) schematic design (2) design development (3) 50% construction drawings and (4) 100% construction drawings. Said approvals shall be evidenced by written notice to proceed with each subsequent phase. M. Provide cost estimating and value engineering services, which takes into consideration long-range maintenance costs, energy efficiency, and impacts on operation of the Project. N. Review the environmental documents and all technical reports relating to the Project Site; and determine and advise City if any additional needed studies are warranted. DBT shall perform said studies as authorized by City. The costs of said studies are Reimbursable Costs to be paid by the City without markup. O. DBT agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this RFP and the D/B contract. 3 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 with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. Q. DBT agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of City Representative shall be borne exclusively by DBT and not be grounds for an increase in GMP or Contract Time unless necessary to protect public health, safety or property. 5.0 SCOPE OF WORK 5.1 Services required of the DBT include those during design, construction, and operations/startup of thc 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: 5. 6. 7. 8. 9. Develop and Implement Project Management Plan and Procedures Monthly project status reports Coordination/interface with the City and its other consultants/contractors Progress meetings Interface and communications with other agencies Vendors and subcontractors management Document control Schedule and budget control 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. 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 any hazardous materials management requirements of NFPA, Cai-OSHA and the City Fire Department. The Consultant shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan and a hazardous materials management plan. The Consultant shall submit and obtain approval of an application for Storm Water Pollution Prevention Plan to the appropriate authority. If required, the Consultant shall incorporate al~propriate 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 Doctunents and Bidding phases at intervals specified in the Design Build Agreement. Develop Project 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 lowopollution 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. e) Establish a bidding 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 ofbids based on lowest, responsible and most complete bids. Provide cost spreadsheets which compares bids to cost estimates. If lowest responsible bid exceeds cost estimate, prepare recommendations to resolve the problems and reduce cost without compromise to the overall goals of the Project, while remaining within Budget and on Schedule. 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. 6 5.2.2 i) Provide construction cost control estimates during the design to support VE and constructability reviews. Revise these cost control estimates once accepted VE recommendations and other review 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. 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 comment. 4. Provide resident engineering, contract administration, and inspection staff, including specialists necessary for the functional, safe, on budget and on-schedule completion of the Project, starting with the issuance of a Notice to Proceed from the City and extending through issuance of Notice of Completion and Acceptance. City staff will also perform inspection to verify compliance with the plans and specifications, permits and contract documents. 5. Ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, and construction mitigation docmnents and enfomement of the Contract Documents. 6. Provide surveying, and other contracted services as required completing projects constmction. Coordinate City contracted testing and inspection services during the course of construction. 7. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QAdQC). The Plan shall include but 7 not be limited to; 1) a statement and definition of QA/QC goals; 2) an identification of QAJQC criteria and elements; 3) development of the project QA/QC implementation plan; 4) development of the QA/QC materials, components, equipment and system testing plans; and, 5) enforcement of the plans and specifications. 8. Submit the proposed 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 activities. Use Microsoft Project scheduling software consistent with the City reporting system. 10. Develop a project-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 11. Develop a project-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the Plan, the DBT shall initiate implementation. The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing. 12. hnplement and maintain an intemal 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 onqsite 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. 8 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, manag.e, 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. 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, flee from faults and defects, and in strict conformance with the Construction Documents and the D/B contract. i. Post Construction: DBT to coordinate an I 1-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 guarantee/warranty disputes. The DBT shall proceed to resolve such disputes after having submitted to the City for review and approval the DBT's approach for obtaining resolution for the dispute. 6.0 INSURANCE REQUIREMENTS 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 9 evidence off 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 pe~: 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 $1,000,000, covering bodily injury and property damage for owned, non-owned and hired automobiles, and name the City, its officers, officials, employees and volunteers as additional insured's. 6.1.1.3 Workers' Compensation and Employer's Liability insurance, 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 constmction 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 begirtning Work under the Agreement, each and every contractor of any tier shall furnish Certificates of Insurance 10 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 no. tice 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. 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 shail 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. 11 9.0 PROJECT COMPLETION 9.1 Substantial Completion shall be that stage in thc progress of thc 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 Constmction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punchlist Work. 9.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DBT to City as outlined in the D/B contract, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by DBT. 9.3 The DBT shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. 9.4 The DBT shall provide five sets of City final record drawing documents at the end of construction, one set of reproducible and one copy in electronic format ("As-Built Drawings"). As-Built Drawings are to be accurate and legible records showing 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 the Construction Documents and will not be defective. All Defective Work, whether or not in place, maybe rejected, corrected, or accepted as directed by City. DBT shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection. 12 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 after completion of the Project, accurate and organized records of all cost§ of any type and all services perfomaed for the project. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records. 12.0 OWNERSHIP OF DOCUMENTS 12.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced for this project shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part for this project shall be subject to private use, copyrights or patent fights by Consultant in the United States or in any other 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 for this project. 13.0 RFP REQUIREMENTS 13.1 All DBTs are required to follow the format specified below. The content of the proposal must be clear, concise, and complete. Each section of the proposal shall be presented according to the outline shown below to aid in expedient information retrieval (NOTE: DBTs shall base their proposals on the "Scope of Work"). Eight (8) copies of the proposal shall be delivered no later than 4:00 P.M. on Monday, August 4, 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 faxed copies will not be accepted. Also note that incomplete proposals, incorrect information, or late submittals may be cause for immediate 13 --77 13.3 13.4 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 fight to extend the date by which the proposals are due. General RFP Requirements: A. The City desires fo receive proposals from only qualified and experienced DBTs who demonstrate significant knowledge of design engineeri.ng and construction management, and experience and successful performance on public sector park and recreation 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 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. 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: ts Legal name and address. n Legal form of company (partnership, corporation, 3oint 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 ow~ed 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. City of Chula Vista Business License Number. n 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 thc proposal. 14 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. 13.7 Knowledge and Understanding of Local "Environment": A. Describe experience working in the local "environment" and proposed local presence for interfacing with the City's project management staff. The "environment" includes but is not limited to: City and other local agencies regulations.and policies; local environmental documentation requirements; geotechnical conditions in project area; local building codes; ADA requirements and other local design criteria. 13.8 Project Organization and Key Personnel: A. Describe proposed project organization and provide an organizational chart, including identification and responsibilities ofkeypersonnel. Indicate role and responsibilities of the prime Consultant and all sub-consultants. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc. Indicate extent of commitment of key personnel for duration of project (through building and park occupation) and fumish 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 workfome. 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 b'e performed. DBT shall submit a team members' list indicating scope of work, and approximate percentage of contract. Team members must be named on said list if they receive more than $10,000 or more than one-half of one percent (.5%) whichever is less. 15 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: A, Pre-Construction: 1) Provide cost break down of design cost by discipline, Include design teams cost to administer the contract during the course of construction. 2) Provide a fixed fee for preconstruction services. Services for this period shall include but not limited to cost estimating, constmctability review, site surveys, subcontractor bidding, submittal review and procurement of long lead items. The City views the DBT's input and leadership during this period as an important component of the project. B. Project General Conditions: 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 the cost of work. This rate would apply to each major phase of the project as it is released and subsequently bid to subcontractors. D. Preliminary Cost Estimate: Based on the attached master plan 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 construction budget of $9,500,000. E. Change Orders: Indicate an overhead and profit percentage rate to be used on subsequent changes to the major phases of the project. This rate shall apply to deductive changes. F. Provide Paymeot and Performance Bond Rates. 16 14.0 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 October 2005. 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). 2. Description of in-house resoumes 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. PUBLIC DISCLOSURE 14.1. All proposals submitted in response to this RFP become thc property of the City and public records, and as such maybe 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 thc information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the proposal should contain a paragraph that states whether or not DBT believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DBT considers such information to be confidential. 14.2 In the absence of a declaration, City may be 6bligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents 17 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 14, 2002 · Submittal of Proposals Deadline - Friday, August 4, 2003 by 4:00 pm · Preliminary DBT Selection - mid-August 2003 · Approval of Design/Build Agreement - late August 2003 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 18.0 CONTRACT TERMS AND CONDITIONS 18.1 Issuance of this RFP docs 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 thc 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. 18.3 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 right to modify the insurance limits or to substitute project insurance during contract negotiations. The City looks forward to receiving a proposal from your firm. 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: Park Master Plan Attachment B: Sample Design/Build Contract Attachment C: Example of a General Conditions Worksheet 19 Attachment A: Park Master Plan 21 Final Draft January 2003 Prepared by City of Chula Vista Project Manager John Krizan, City of ChulaVista Design Technical Team City of Chula Vista Jack Brac~, Landscape Architecture Division Dave Byers, Deputy Director Public Works/Operations Seekey Cacciatore, Environmental Project Manager Brian Cox, Principal Recreation Manager Lombardo Detrinidad, Civil Engineer Jerry Foncerrada, Deputy Director of Parks Ed Hall, Principal Recreation Manager Luis Hernandez, Senior Project Manager Mary Hofmockel, Principal Landscape Architect Jotm Krizan, Landscape Architecture Division Tom Levesque, CityArborist Matt Little, Civil Engineer Buck Martin, Director of Recreation Luis Pelayo,Assistant Civil Engineer Todd Schrnidt, Landscape Architecture Division Sunny Shy, Assistant Director of Recreation Jeff Steichen,Associate Planner Richard Zumwalt, Associate Planner The EastLake Company GuyAsaro Final Draft ~ ~.~ Page l January 2003 Consultant Team KTU+A * Landscape Architecture + PlartrLing Kurt Carlson, Principal-'m-Charge Cheri Blather, Project Manager Penny Clews, Landscape Designer John Farley, Irrigation Designer Michael Johnston, Graphics Platt Whitelaw Architects * Architecture Sandy Gramley, Project Architect Nasland Engineering · Civil Engineering & Surveying Paul Pitman, Civil Engineer Bechard Long Associates · Lighting Design Chris Kraft, Lighting Designer Merkel & Associates Kyle Ince, Biologist Western Tree Service Alden Peterson Artist Paul Hobson Geo~on Joe Vettel, Geotechnical Engineer This document includes the research, analysis and reconunendations of the park master plan for Salt Creek Comnmulty Park. It may not be re- produced, photographed, or copied in any form without the express written consent of the City of Chula Vista. Page2 ~ ~.~ ~ city of Chula Vista Building & Park Constraction Introduction 1.1 Setting ................................................................................. 5 1.2 History ................................................................................ 6 1.3 Purpose ............................................................................... 6 Site Research 2.1 Existing Conditions .......................................................... 11 2.2 Conceptual Relationship Diagram .................................... 11 Commlillity Workshops 3.1 Salt Creek Community ParkWorkshop ............................. 15 3.2 Discussion of ParkAlternatives ......................................... 16 4. Park Master Plan 4.1 Site Status .......................................................................... 27 4.2 Public Access and Images ................................................. 27 4.3 Plant Materials .................................................................. 27 4.4 Circulation ........................................................................ 31 4.5 Recreation Building .......................................................... 31 4.6 Comfort Station ................................................................ 32 4.7 Shade Structure ................................................................ 32 4.8 Trellis ................................................................................ 40 4.9 Arbor ........ · ........................................................................ 40 4.10 Children's Play Area .......................................................... 41 4.11 Basketball Court ............................................................... 41 4.12 Sports Fields ..................................................................... 41 4.13 Amphitheater-Style Seating ............................................... 41 4.14 Tennis Courts .................................................................... 41 4.15 Speed Soccer Field ............................................................ 42 4.16 Slmte Area .......................................... ~ .............................. 42 4.17 Signage ......... a ................................................................... 42 4.18 Bridges .............................................................................. 43 4.19 Picnic Areas ...................................................................... 44 4.20 Trash Enclosure ................................................................ 44 4.21 Parking Facilities ............................................................... 45 4:22 Site Lighting ...................................................................... 45 4.23 Fencing ............................................................................. 46 4.24 Salt Creek Corridor ........................................................... 47 4.25 Wetland MitigatiOn Area ....................................................47 4.26 Boardwalk with Interpretive Signs ................................... 49 4.27 Drainage ........................................................................... 49 4.28 Park Maintenance ............................................................. 49 4.29 Grading ............................................................................. 50 4.30 Irrigation ........................................................................... 50 Final Draft Page 3 January 2003 P~e4 5. Cost Estimates 5.1 Cost Estimate .................................................................... 55 Appendices Appendix A - Arborist Report ..................................................... 57 Appendix B - Workshop Minutes ............................................... 59 Appendix C - Reference ............................................................. 69 HGURES 1. Introduction Figure 1-1 Vicinity Map .............................................................. 5 Figure 1-2 Regional History/Visual Form & Character ............... 7 Figure 1-3 ChulaVista Parks - Existing Facilities ......................... 9 Figure 1-4 ChulaVista Parks - Future Facilities ......................... 10 Site Research Figure 2-1 Site Opportunities & Constraints ............................ 13 Figure 2-2 Conceptual Bubble Diagram ................................... 14 e Community Workshops Figure 3q Workshop I ............................................................. 17 Figure 3-2 Workshop Group I Summary .................................. 18 Figure 3-~ Workshop Group 2 Summary .................................. 19 Figure 3-4 Workshop Group 3 Summary .................................. 20 Figure 3-5 Alternative A - Sport as Theater ............................... 21 Figure 3-6 AlternativeA- Sport asTheater Images .................... 22 Figure 3-7 Alternative B - Rancho Theme ................................. 23 Figure 3-8 Alternative B - RanchoThemc Images ..................... 24 Figure 3-9 Alternative C - Meadow Creek ................................. 25 Figure 3-10 Alternative C - Meadow Creek Images .................... 26 Park Master Plan Figure 4-1 Conceptual Landscape Master Plan .........................33 Figure 4-2 Figure 4-3 Figure 4.4 Figure 4-5 Figure 4-6 Figure 4-7 Figure 4.8 Entry Perspective .................................................... 34 Park Cross Sections ................................................. 35 Architectural Elements - Recreation Building ...... 36-38 Comfort Station ....................................................... 39 Creek Sections ......................................................... 48 Grading Plan ............................................................ 51 Irrigation Plan .......................................................... 53 TABLES 1. Introduction Table 1-1 Chula Vista Parks Inventory ....................................... 8 4. Park Master Plan Table 4.1 Plant Material Legend .............................................. 28 City of Chula Vista Building & Park Construction 1 · Introduction 1.1 Setting Salt Creek Park is a 24-acre multi-use community park located in the EastLakeTrails neighborhood in ChulaVista (Figure 1-1). The park program and design follows the conditions of the EastLake Trails SPA Plan, Section II.2 'Sectional PlanningAcea' and Section 11.2.8. This park will provide a full range of active and passive park and recre- ational experielaces for surrounding neighborhoods and maintain the City of Chula Vista's goal of providing a continuous greenbelt corridor as intended by the City's General Plan.There are other recreational areas nearby induding a homeowner's association swim complex, a 4.5-acre community Little League complex, a 2 acre man-made lake and a natural open space/interpretive corridor for observation and study of wildlife and nature. The process for the program and desigu of Salt Creek Community Park took into account the other park and recreational facilities in terms of size, amenities and their locations within the Chula Vista's city limits (Table 1-1,Figures 1-3, 14). Figure 1-1 Vicinity Map Final Draft January 2003 Page 5 1.2 History The Salt Creek Community Park site occupies what was once a part of theJanal Ranch, a sprawling 4,436-acre ranch. Janal is an Indian word for "spongy ground~, likely named because of underground streams that crossed the land. Henry Fenton bought Janal Ranch in 1926 and farmed its 3,000 acres, growing lima beans and barley. 1.3 Purpose Salt Creek Community Park is a unique park that will provide both ac- tive and passive recreational opportunities for both adjacent and distant users. It will be part of the City's Greenbelt trail system that ultimately forms a 28-mile loop system around the City. This park will maintain its link to the past by presenting a distinctive 'Early California Ranch' theme. The park's rolling terrain will be land- scaped with turf, shrubs, groundcovers and indigenous grasses. There will be groves of Sycamores, Cottonwoods, Eucalyptus, Peppers and Oak trees.The architecture and support structures will simulate the charac- ter of the 'Old farm buildings' by duplicating the materials, form and detailing. This park's program will ultimately provide the following amenities: a. A 42' tall, 20,000 s.f. gymnasium that includes an office, lobby, restrooms, weight room, locker rooms, teen center and parking for 150 cars. b. Two playfields for community team sports. c. Two tot lots - one for small children (2-5 years old) and one for older children (5-12 years old). d. Picnic areas with furnishings and shade shelters (6 total). e. Theme type bridges (3 total) for linking trail system for pedestri- ans, bicycles and vehicular maintenance access. f. Loop trail system that links to Greenbelt system with measured jogging trails and par course stations. g. Sport Courts for outdoor Basketball (2 total), tennis (2 total) and speed soccer (1 total). h. Skate area i. Natural Interpretive andWetland mitigation areas. j. Restroom facilities (3 total) that service the gymnasium, teen center and playfields. In addition to obtaining DRC approval for the recreation building and other structures within the park, the project requires approval of a ZoneVariance to increase the building height from 35 feet to 42 feet. Also, approval of a tentative map "substantial conformance' from the Engineering and Plan- ning and Building Departments is required for authorizing an increase in pad elevation from 533 to 540.These processes and entitlements will be secured during the design development process and prior to final approval of the project and issuance of building permits. Page 6 City of Chula Vista Building & Park Construction Form and Character Many remnants of gle ranching and farmin activities sti~ The surrounding areas still maintains some of the dch pastoral qualily which made it so attractive to early settlers. History SALT CREEK COMMUNITY Regional History / Visual Form and Character PARK Figure l-2 Recreation Facilities in Public Parks Facilit! · P~r Pad; - Communk"y Pork 59.4~ · · · · · 0 · · · · · · · · · · · · · East[eke Company Private Park Inventory 3.2 21.5 4,$ 5 3 7 3 2.7 i i Facility 143 · · 371 t r , · :e SALT CREEK COMMUNITY Chula Vista Parks Inventory ~, P A I R K Table 1-1 Ujc~ rf'c~ 2 · Site Research 2.1 Existing Conditions The following is a brief description of the natural and man-made re- sources that are currently present on the park site. This informations serves as background information for recommendations included in this master plan. This information was obtained from the City of ChulaVista, completed reports, and site surveys by the consultant team. A summary of the existing conditions are shown on Figure 2-1, Site Opportunities and Constraints. Hydrology A predominant feature incorporated into Salt Creek Community Park is the Salt Creek corridor. A 10' wide creek corridor (slightly realigned with the EastLake Trails subdivision development) that is to flow unin- terrupted through the park and ultimately connecting to the Otay River. The creek enters the park's north end through a 12'x 12' colored con- crete box culvert underneath the Otay Lakes Road. There is no signifi- cant vegetation established within the corridor at this time. Biology There are a number of large eucalyptus trees existing on the site that could be util/zed or preserved if they were healthy. Unfortunately, all of these trees have been infected with the Red Lerp Physilid. There has been some analysis and recommendations for treatment of the trees, but some have already died and been removed. Another report was com- pleted by a certified arborist and the findings are included inAppendix A confirming the poor conditions of the trees. 2.2 Conceptual Relationship Diagram Refer to Figure 2-2, Bubble Diagram. Final Draft Page 11 January 2003 EASTLAKE EASTEA, KE~ SALT CREEK CO Site Opportunities and Constraints~_~__~ff~ MM U N I TY P SANTA ANA WINDS ARK Figure 2-1 OVERALL USE ACTIVE RECREATION AREA PASSIVE RECREATION AREA SALT CREEK C 0 M Conceptual "Bubble Diagram~ M U N I T Y P A R K Figure 2-2 3 * Community Workshops 3.1 Salt Creek Community Park Workshop Workshop Process · Commmfity Workshop Invitation (Appendix B, Figure B~I) Workshop 1 (Figure 3-1) · Brainstorming (Figures 3-2, 3-3, 3-4 & Appendix B) · Workshop 2 Presentation of DesignAlternatives (Figures 3-5 through 3-10 & Appendix B Community Selected Preferred Alternative Workshop Goals and Objectives confirmation of current park program & goals · prioritize the park elements anticipated develop a distinct park theme recognize ~nd personalize community identity propose possible park names · provide additional data to park design team Prelitninary Park Program Considerations · 19,500 square foot gymnasium with 12,000 s.f. gym, 1,900 s.f. weight room, showers, dressing rooms, offic~,'storage area · teen annex with dividable spaces and kitchen (2,000 s.f. w/400 occupancy) · soccer fields (1-2 total, 360' length) · picnic tables (12 total) tot lots (2 total) · tennis courts (2 total) · basketball courts (2 total) · informal skateboard/roller blade facility restroom/conLfort station Findings · fields needed in community community desires passive areas maintain views · trail linkage · request for tennis courts and informal skate area not ideal site for dog area, other park sites designated by City incorporate creek into park design January 2003 SALT CREEK Workshop I - April 6, 2002 C 0 M M U N I T Y P A R K Figure SALT CREEK Workshop Group I Summary C 0 M M U N I T Y PARK Figure ~-2 SALT CREEK COMMUNITY PARK Workshop Group 2 Summary Figure3~3 SALT CREEK Workshop Group 3 Summary I C 0 M M U N I T Y PARK Figure ~-4 Play Bridge~ Arohiteature SALT CREEK C 0 M Alternative A - Sport as Theater Images / M U N I T Y PARK Figure 346 o~sy ~rsnd ~nml~r~nd Mounding SALT CREEK COMMUNITY PARK Alternative B - Rancho Theme Images ~ :¢~/~/ Figure3-8 Demonstration Garden Overlooks and Views Play Water Trails S A L T C R E E K C O M M U N I T Y P Alternative C - Meadow Creek Theme Images ARK Figure 3-10 4 * Park Master Plan Windmill image representative "rancho" theme DESIGN FACTORS AND PROGRAM ELEMENTS 4.1 Site Status The entire site is 24 acres located south of Otay Lakes Road, in the EastLake Community of Chula Vista, with residential development to the east and west of the project site and wetland mitigation to the south. This park is to be dedicated as a City community park. 4.2 Public Access and Images The park has been designed as a multi-use park with large recreational fields and courts as well as passive areas for lawn play and picnicking (Figure 4-1, Site Plan; Figure 4-2, Entry Perspective; and Figure 4-3, Park Cross Sections). In addition, the park design links to the Chula Vista's Greenbelt Trail System. The park provides easy access, tlexibility and a flowing relationship between all activities and facilities. The Salt Creek Corridor is a major feature that runs through the park site.The Salt Creek drainage flow enters the community park at the north- ern boundary from a culvert that runs under Otay Lakes Road and con- tinues in a southerly direction ttltimately reaching the Otay River. Boul- ders and riparian plant-type material will be incorporated along the creek fol' enhanced accents as well as benches for rest and enjoyment. The theme of the park maintains the images of the past with an "Early California Ranch" character that integrates "pastureqike' grass areas, a pedestrian trail system, sports facilities with "ranch" style architecture. 4.3 Plant Materials All perimeter slopes and landscape areas will be planted with aestheti- cally pleasing, drought tolerant trees, shrubs and groundcovers. The plant palette will combine native-like and drought tolerant species in the in- formal walking and gathering areas and more traditional planting and park improvements in the organized activity areas. Cottonwood, oak and sycamore trees will be incorporated throughout the site to promote an indigenous linkage with the"ranch style"theme and continuity. Recom- mended plant materials are included in Table 4-1. Final Draft Page 27 January 2003 Table 4-1 - Salt Creek Com~nunity Park Plant Material Legend * Denotes trees which should be planted in an area with little or no irrigation. Do not plant in lawn or sb_rub areas. ** Denotes trees which shall not be planted within 25' of the creek or wedand mitigation area. LARGE BROADI-IF~I)ED TI~ME TREES such as: (24 ', 36'box size) (70%-24, box, 30% 36' box) Botanical Name Gleditsia triaca_nthos Platanus acerifolia 'Bloodgood' Platanus acerifolia 'Columbia' Platanus racemosa Quercus agrifolia* Schinus molle** Tipuana tipu* Honey Locust London PlaneTree 'Bloodgood' London Plane Tree 'Colurabia' California Sycamore Coast Live Oak California Pepper Tree Tipu Tree EVERGREEN / DECIDUOUS STREET TREES such as: (24" box size) (100 % - 24' box min.) Liquidamber styraciflua Pinus canariensis Pinus eldarica Pyrus calleryana 'Aristocrat' ~American Sweet Gum Canary Island Pine Tree Mondell Pine Tree Ornamental Pear BROADHEAI)ED EVERGREEN PARKING LOT TREES such as: (24" box size) (100% - 24' box min.) Cassia leptophylla Cupaniopsis anacardioides Podocarpus gracilior Quercus ilex Ulmus parvifolia Gold Medallion Tree Carrot Wood Fern Pine Holly Oak Chinese Evergreen Elm SMALL/MEDIUM TEXTLIRAI.L¥ RICH ACCENT TREES such as: (36', 48' box sLze) (50%-36' box, 50%~48" box) Bauhinia purpurea Cassia leptophylla Cercis occidentalis Jacaranda mimosifolia Koelreuteria bipinnata Laurus nobilis Purple Orchid Tree Gold Medallion Tree Western Redbud Jacaranda Tree Chinese Flame Tree Sweet Bay Page 28 City of Chula Vista Building & Park Construction EVERGREEN/DECIDUOUS GROVE SLOPE TREES (15 gal, 24'box size) Botanical Name Platanus acerifolia 'Bloodgood' Platanus acerifolia 'Columbia' Pinus spp. Schinus molle** Tristania conferta RIPARIAN 'THEME' TREE such as: (15 gal, 24' box size) Alnus rhombifolia Geijera parvifolia Maytenus boaria Platanus racemosa such as: (30% - 15 gal, 70% - 24' box) Common Name London Plane Tree 'Bloodgood' London Plane Tree 'Columbia' Pine Trees California Pepper Tree Brisbane Box (70% - 15 gal, 30% - 24" box) White Alder Australian Willow Mayten Tree California Sycamore MEDIUM SIZE FLOWERING SHRUBS such as: (1, 5 gallon size) Abelia grandiflora Arbutus unedo Arctostaphylos species Ceanothus spp. Cistus spp. Escallonia fradesii Heteromeles arbutifolia Lantana species Lavandula species Leptospermum scoparium Phormium species Pittosporum spp. Prunus ilicifolia Rhaphiolepis spp. Rhamus califomica 'Eve Case' Ribes vibumifolium Rhus integrifolia (70% - 1 gal, 30% - 5 gallon) Glossy Abelia Dwarf Strawberry Manzanita varie~es Wild Lilac varieties Rockrose varieties Escallonia Toyon Lantana varieties Lavender varieties New Zealand Tea Tree Flax varieties Tobira varieties Hollyleaf Cherry Indian Hawthorn var. Coffeeberry Evergreen Currant Lemonade Berry Final Draft Page 29 January 2003 ACCENT SHRUBS such as: (1, 5 gallon size) Agapanthus africanus Bougainvillea 'La Jolla' Dietes bicolor Encelia californica Hemerocallis hybrida Heuchera species Pelargonium peltatum Phormium tenax spp. Salvia species Trachelospermum jasrninoides EROSION CONI'ROL GROUNDCOVER such as: (Flat plants / seed) Artemesia californica 'Canyon Grey' Baccharis P.'Twin Peaks' Hybrid Bermuda Turf Lonicera japonica Myoporum pacificum 'Putah Creek' Verbena species Vinca major Wetland Seed Mixes ORNAMENTAL GRASSES such as: (1, 5 gallon size) Carex species HeLictotrichon sempervircns Miscanthus species Molina species Muhlenbergia species Pennisetum setaceum 'Cupreurn' RIPARIAN VEGETATION such as: (lgallon) Anemopsis californica Eleocharis montividensis Juncus acutus ssp. leopoldii Salix lasiolepis bracelinae Salix gooddingii Typha sp. (70% - 1 gal, 30% - 5 gallon) Lily of the Nile Bougainvillea Fortnight Lily California EnceLia Daylily varieties Coral Bells Ivy Geranium Flax varieties Sage varieties Star Jasmine (50% flats, 50% seed) Canyon Grey Sagebrush Coyote Brush Sahara Bermuda Grass Honeysuckle Myoporum Verbena varieties Periwinkle Riparian Seed MIX (70% - 1 gal, 30% -5 gallon) Sedge Grass varieties Blue Oat Grass Miscanthus Grass Var. Moor Grass Deer Grass varieties Fountain Grass varieties (100% 1 gallon min.) Yerba Mansa Mexican Spike Sedge Southwestern Spiny Rush Bracelin's Willow Southwestern willow Cattail Page 30 City of Chula Vista Building & Park Construction WETLAND HYI)ROS~ MIX such as: (seed) Artcmisia douglasiana Anemopsis calffornica Baccharis salicifolia Jtmcus Acutus ssp. Leopoldi Pluchea oderata Leymus condensams Rumex salicifolia Sisyrinchium bellum Ambrosia psilostachya Plantago begelovi Eleocharis montevidensis (100% seed) Mugwort Yerba Mansa Mule Fat Southwestern Spiny Rush Marsh Fleabane Giant V, rild Rye V, rfllow Dock Blue-Eyed Grass NCN Plantago NCN Bike Racks 4.4 Circulation The play and group picnic areas are located in close proximity to the recreation building and comfort station, easily accessible from the park- ing Itt and adjacent on-street parking. Park maintenance personnel are provided access to all park facilities by way of a 10-12 foot minimum wide path of either a CTB (cement treated base) in areas where vehicu- lar traffic occurs on steep gradients or a decomposed granite surface. H- 20 loading is required for the sewer trucks at the manhole access road. These pathways also serve as the foundation for a complete pedestrian/ bicycle system with periodic seating and overlook areas. Par courses are located periodically along the path with distance markers for the seri- ous exercise enthusiasts. Bike racks are to be provided throughout the park site. The paving adjacent to the recreation building will be a cast-in-place concrete with enhanced concrete finish within the building courtyard' and vehicular entry drive. All buildings, parking areas, fields, courts, children's play areas and group picnic areas are to be fully accessible for the disabled. 4.5 Recreation Building The Recreation Building will house a gymnasium, weight room, teen annex and various support facilities (Figure 4-4, Architectural Elements - Recreation Building). This building will be the"focal point'of the park, and it will be highly visible as you approach the park from the west on Otay Lakes Road. The building will be designed around a central court- yard, reminiscent of the layout of early California ranches, while provid- ing visibility and security of all the building's spaces. The building will be fully accessible to persons with disabilities. Final Draft ~,~ / ~ ~ Page 31 January 2003 Shade Structure The building's spaces will be carefully designed to draw breezes through the structure for natural ventilation. Windows will be provided for daylighting and all equipment will be selected for energy and life-cycle efficiencies. Materials will be chosen to provide durability, safety and low mainte- nance. Steel roolYmg, stucco, and manufactured stone for walls and pilas- ters carry forward the park's theme, while gentle arches and wood trel- lises tie the building into the surrounding residential neighborhood 4.6 Comfort Station The comfort station is centrally located in the park, in close proximity to the parking lot and children's play areas. The building will provide accessible restroom facilities for men and women, to conform with the Americans with Disabilities Act (Figure 4-5, Comfort Station). Also in- cluded in the building is a small storage area for the Park and Recreation Department use. The building will be designed for natural ventilation and daylight, and materials will be selected that match the main Recre- ation Building and provide durability and Iow maintenance. Restroom facilities will also be located at the Recreation Building. 4.7 Shade Structure Small shade structures are located throughout the park, in close proxim- ity to courts, skate area and creek. These special features will provide semisshade for the park users. Picnic tables will be located beneath the structures. The structures are of powder coated prefabricated steel con- struction roof lines, materials and color to blend with the recreation building. Large shade structures are lo- cated within close proximity to the recreation building, parking lot, children's play equipment ---~ and comfort station. The struc- tures shall be located appropri- ately to allow sufficient room for party jumps and other accept- able entertainments. Structures shall include appropriate hooks or other mechanisms to hang pi- natas off of side roofing. Materi- als and colors will be used to em- bellish the structure and blend with the recreation building and comfort station. Picnic tables are located underneath the structure and are nearby bar-lyque and additional picnic tables. Quick couplers will be provided in close proximity to shelters for cleaning purposes. Page32 ~ ~] ]~ CityofChulaVista Building & Park Construction 1..4 GYMNASIUM · 2,800 1'3 I I I I I I I I .0_ I' ~ st~lls each side COURTYARD 1 stall each side Floor Plan SALT CREEK COMMUNITY Architectural Elements - Recreation Building - Floor Plan PARK Figure 4-4C METAL ROOFING North Elevation South Elevation East and West Elevation WOMEN'S MENS Floor Plan SALT CREEK CO Comfort Station M M U N I T Y PARK Figure 4-5 Park benches under trellis stvoctares Wood arbor 4.8 Trellis A large shade trellis is designed in the group picnic area adjacent to the teen annex center at the recreation build~ ing. A smaller trellis is located on the view patio to the south of the main building. These special features will provide senti-shade for the user with benches located underneath. The trel- lis has stone veneer columns with heavy timber wood beams, rafters and lath. The color and materials will match the recreation building and comfort station, and be sinfilar in design to the proposed arbors. 4.9 Arbor Wood arbors are located along the pedestrian link within the parking lot to emphasize the pedestrian connection through the parking lot to the Recreation building. The wood posts have stone veneer columns with heavy tin~ber wood beams, rafters and lath to match the trellis at the Recreation Building. Building & Park Construction 4.10 Children's Play Area The park design incorporates two play areas: a tot lot (ages 2-5) and a play area for older children (ages 5-12). The play areas feature large colorful play structures, smaller play equipment and spring toys designed to appeal to varying levels of age and ability. Fibar system surface will be provided forADA requirements. Seating areas are located nearby for adult supervision. Play Equipment - Ages 2 5 4.11 Basketball Court Two full-sized basketball courts will be located in close proximity to the recreation building, parking lot and street for security. An acrylic top- ping will be applied to the court surface for protection, durability and to hide joints. A small shelter and benches will be located nearby for seat- ing and shade. Sound can be buffered from adjacent residents by use of a sound wall at the property line and plant material. 4.12 Sports Fields The park has been designed to accommodate one large (150'x300') multipurpose field with a 45' buffer zone around the perimeter, located ust.south of the recreation building. Amphitheater style spectator seat- mg Is provided adjacent to this field. In addition, one smaller multipurpose field (150'x~225') has been de- signed at the south end of the project site for more informal (or less official) types of recreational play. Play Equipment - Ages 5-12 4.13 Amphitheater-Style Seating Amphitheater style seating is provided adjacent to the large multipur- pose field. Materials include a precast concrete edge which appears wood-like with decomposed granite backfill. The amphitheater accom- modates approximately 115 spectators. banphitheater-style Seating Final Draft January 2003 4.14 Tennis Courts Two full-sized tennis courts will be located in close proximity to Otay Lakes Road for security. Courts are also located away from residential development to avoid noise and light disturbance. Perimeter tree plant- ing will assist in softening and screening the courts from adjacent properties. Courts shall be completely endosed with 12' high fencing and 4' wide gates. In addition, a 110 outlet in a lockable box will be pro- vided in proximity of the courts. The visual impact from the street will be minimal as the pad elevation for the courts is below street level. A patio with benches will be located nearby for seating and view- ing. This facility will be lighted for nighttime use. Page 41 Field Bleachers 4.15 Speed Soccer Field A speed soccer field is located on the west side of the park site, next to the adjacent Little League fields. Acrylic panels of varying heights, surround the perimeter of the field and are in- stalled on a concrete curb for ease of mainte- nance. Gates and spectator seating are provided on each side of the field. Field material inside the panels is artificial turf with quick coupling devices along the perimeter for wash down purposes. A 110 outlet will be provided in a lockable box for electric power availability. This facility shall be lighted for nighttime use. 4.16 Skate Area An informal skate area for entry level individuals with curbs, ramps, rails and bowls will be provided for skaters on the west side of park site, adjacent to the existing Little League fields. This is not a skate park and will not be monitored. Nearby shade shelters and benches will be pro- vided for users. 4.17 Signage A single park monument identification sign will be located on Otay Lakes Road, off of the entry driveway into the park. The monumentation will be a two sided, reinforced CMU sign wall and pilasters with stone veneer and a rough stone cap.An arbor type feature is located on top of the sign wall with heavy timber wood beams, rafters and lath which match the arbors in the parking lot. The letters shall be Park M0numentation Sign 1/2 ' deep cast-in-letters, typeset:"Vineta BT "and brand logo will be of iron and securely fas- tened to the wall. The City logo shall be of proper size mounted on the monument wall. Materials and colors w'fll match the recreation building. Miscellaneous park signs will be located throughout the park. Page 42 ~'~ Building & Park Construction Entry areas require park rules, all venues including sheb ters, courts, fields, soccer arena and skate facility require rental and usage information. Sign material will be wood- like posts with signs mounted to posts. Signs shall be designed so as not to obstruct sight visibil- . iW of vehicles or pedestrians and shall not be placed within the public right-of-way. Informational Signage Directional Signage 4.18 Bridges Three (3) pre-fabricated wood bridges will be located along the Salt Creek Corridor to provide vehicular and pedestrian access across the creek to various areas through and to the park site. The bridge milhigs will incorporate a historic cattle brand symbol that came from one of the previous ranches that once occupied the area. Salt Creek Bridge Final Draft ~ ~ 90 Page 43 January 2003 Large Barbecue 6rill 4.19 Picnic Areas Picnic areas are provided throughout the park. Standard and group bar- becue grills, hot coal and trash receptacles are situated in localized ar- eas. Groves of trees are proposed for shaded picnicking. Picnic areas shall meet ADA requirements. Drinking fountains are strategically located in close proximity to picnic areas, sports fields and children's play areas. Drinking fountains shall have a pet fountain at the base of the pedestal. Small Barbecue Grill Trash Receptacle Hot C0al Receptacle Large Picnic Table Small Picnic Table Drinking Fountain 4.20 Trash Enclosure Two (2) trash enclosures will be included on the project site. One enclo- sure will be located close to tile recreation building, off of the entry drive for truck accessibility. This enclosure shall be large enough to ac- commodate bins for all solid waste, yard waste and recyclables. Materi- als will be CMU with a stone veneer facing, and a wood truss overhead. Page 44 ~ ~ City of Chula Vista Building & Park Construction Path Light A smaller trash enclosure will be located on the southern end of the park site, in close proximity to the adjacent homeowners association facility off of North Creekside Drive. This enclosure shall accommodate a bin for solid waste and a bin for greenwaste. Materials and color shall be similar to the other trash enclosure. 4.21 Parking Facilities The main parking area, located in the park site off of Otay Lakes Road are to accommodate park users only. There are 155 full size parking stalls (9'x20'), which Includes (g) eight spaces for the physically dis- abled. Planter islands will be provided within the lot and along the pe- rimeter for shading and temperature control. A total of 72 additional on- street parking spaces will be accounted for on Old Janal Ranch Road and North Creekside Drive (36 spaces per each streeO, for a total of 237 spaces. In addition, 4 spaces on each street shall be provided to accom- modate for either loading/unloading or no parking areas. 4.22 Site Lighting All parking areas, recreation building, restroom facility, circulation areas, walkways and ramps are to be lighted with high pressure sodium tures for security and pedestrian circulation. Sports field lights will be lighted with metal halide fixtures and are provided for nighttime activi- ties on the termis and basketball courts as well as the speed soccer field in accordance with "a good neighbor policy to be turned off before 11:00 p.m. Tile design shall take into consideration the adjacent homeowners of the project site. The "themed' light £Lxtures have been designed to keep pole heights to a minimum to eliminate light spillage onto the adjoining residential properties.The proposed fixtures are shade-type fixtures with 150 watt, high-pressure sodium (HPS) lamps and mounted 14-16 feet above the walkway. HPS lamps are High Intensity Discharge (HID) lamps that produce a warm white light. They have a relatively long lamp life and are one of the more efficient lamps available for security lighting. The pedestrian security light is a decorative shade cutoff type with flat lense to limit glare to area residents .The lamp, reflector and diffuser are above the rim of the fixture. The fixture is mounted at 15 feet on a hori~ zontal arm offset from the pole and the post is away from the edge of the sidewalk. The lamp source is 150 watt HPS (high pres- sure sodium) to pro- vide best efficiency and lamp life. The light source is a pink- ish white light. January 2003 Parking Lot and Court Light Light Post Detail Wood Entry Gate Page 46 The parking lot fixture is a cutoff (shoebox) type of fLxture that would line the perimeter of the parking lot(s). The design is a streamlined shoebox with a cutoff fixture mounted at 30 feet. The lamp source is 250 watt HPS. Thc sports lighting fLxtures are also cutoff shoebox type fixtures mounted along the sides of the sports courts. Sports lighting poles will be 40 feet high for speed soccer, 30 feet high for basketball and 16-20 feet high for tennis Jtll f~tures will use metal halide lamps which have a shorter lamp life but provide a whiter light, which is preferrable where color rendi- tion is important. The sports f~xtures will incorporate forward throw optics that "push" the light forward when located at the sides of the courts. Twin pedestrian-scale post lights similar to those mentioned above will be installed in the ~nain entry walkway to the front of the gymnasium building. Bollards, low 36"-40" column type fLxtures with low wattage HPS lamps, will also line the entry walkway leading to the gymnasium building. The bollards will be located at the trellis locations adjacent to the parking areas. Ground-mounted flood lights will be incorporated, as necessary, for signage, monument, and (or) landscape lighting as more precise loca- tions become known. 4.23 Fencing A pre-cast concrete split rail type fence is proposed along the frontage road of Otay Lakes Road and at the group picnic area and view deck surrounding the recreation building. The color of the fence is to be tan. A wood-like gate is pro- posed at the front entry into the park, off of Otay Lakes Road. This gate is to close off the park to patrons after hours. The remaining fencing along the trails within the park are designed to match the lodgepole fencing that has been used throughout the Chula Vista's Greenbelt Trail Linkage system. City of Chula Vista Building & Park Construction The fencing is intended to direct and encourage pedestrians to use the designated access points into the park. Special pedestrian entry design will include removable wood-like pole bollards, boulders and planters to prevent vehicles from entering the park site but allow pedestrian and the physically impaired access. Split Rail Fence with Seat Wall 4.24 Salt Creek Coii-ldor The 10' wide Salt Creek Corridor will be demarcated on both sides of the creek to define the limits of work for park maintenance personnel. Materials to delineate boundaries are randomly placed pavers on grade between the creek and lawn areas, and boulders informally located in gronndcover areas approximately 15-20' o.c. If additional demarcation is required along the corridor, the use of 4 ~ x 4 ~ x 2' high wood-like posts could be placed informally between the boulders. These ~osts can be painted green to blend in with the adjacent landscape. Shrub and groundcover areas located along the corridor will consist of riparian-like plants that blend with the riparian materials within the creek corridor. In addition, the shrub beds will aid in discouraging park users from easily running through the creek. Creek cross'rags have been pro- vided at a couple locations with the random placed pavers on grade and stepp'mg stones in the creek. (Figure 4-6, Salt Creek Sections) 4.25 Wetland Mitigation Area The wetland mitigation area located directly to the south of this project site will be carried through into the southerly portion of the park site. This area will remain open space and incorporate the habitat within the Salt Creek Corridor. Final Draft ~f/~ Page 47 January 2003 COLORED /~ BOULDER ~CONGRETE /MARKER /MOW CURB / BOULDER __ COLORED LAWN SHRUBS SALT CREEK BASIN WITH NATIVE Section ID RIPARIAN BUFFER SHRUBS LAWN STEPPING ~ BOULDER STONES ~___ d ~' ., 10 ~. ~ LAWN RANDOM SALT CREEK BASIN RANDOM LAWN WITH NATIVE PAVERS RIPARIAN BUFFER Section E MARKERS STEPPING STONES COLORED CONCRETE MOW CURB Conceptual Sketch 0 2 4 8 12 SC*ALE: 1/4'=-1' SALT CREEK COMMUNITY Creek Sections ~ /~ P A i R K Figure 4-6 4.26 Boardwalk with Interpretative Signs A precast concrete type walk resembling wood planks on a bridge will meander through the wetland nfitigation area that borders the southerly end of the project site. There will be two (2) overlook decks projecting from this walkway with rail- ing and interpretative signage describing the wildlife and functions of the wetlands. Benches wi/l be located on the decks for viewing and enjoyment. 4.27 Dra'mage Consideration has been given for ad- equate drainage through the site.As much surface drainage as possible is directed toward Salt Creek. Catch basins are lo- cated throughout the site to provide ad- equate drainage up to a 100 year storm. The run°ff from the existing D~I energy dissipater will be channeled into an earth swale located in the southeast portion of the site. The dissipater slows the water down before reaching the swale to reduce any erosion and the swale is designed to carry the 29.4 cfs of water without over- flow. The culvert will be camouflaged with a faqade reminiscent of a silo. The silo will have double doors with a 7' height for ability of maintenance crew to remove debris. Truck access is not re- quested. 4.28 Park Maintenance All planting areas will be maintained and conform to the requirements as stated by the City of Chula Vista Parks Department. The areas included shall be all sport fields and courts, parking lot, slopes, streetscape, creek, hardscape and ornamental planting around the Recreation Building and support facilities. "DispozA Scoop" dispensers will be located throughout the park to en- sure that dog owner's keep the park clean. Disp0z-A-Sc00p Dispelxser Final Draft January 2003 4.29 Grading The EastLake Company has previously graded this future park site, and an as-built grading report is available.There is an approximate 58' grade difference from the north end of the site to the south end.The site has three existing pads that step down with the grade change. Thc park master plan proposes to raise the grade at the north end of the site adjacent to Otay Lakes Road to create more efficient accessibility into and out of the park site, as well as minimize the need for retaining walls. In addition, the plan proposes to raise the central portion of the park, east of the creek, to avoid damage to the park facilities during potential 5, 10, 25 and 100 year floods per the results of the HEC analysis pro- vided by the EastLake Company. The EastLake Company has proposed to deliver the import soil needed for this project, as well as complete the rough grading and soil compac- tion as identified on the park conceptual plan. 4.30 Irrigation All planting areas will receive complete irrigation coverage by means of an automatically controlled, electrically operated underground state-of- the-art sprinkler system. The irrigation system will be designed for re- daimed water use.All specified irrigation materials shall conform to the latest edition of the Water Agency Standards. Irrigation zones shall be determined and designed to achieve maximum efficiency and distribu- tion uniformity. The system will be controlled by an automatic control- ler capable of adjusting run times based on the evapotranspiration rate, as well as accommodate all the benefits of flow sensing. The master valve and flow sensor shall be provided a the point of connection to protect the system from high flows in the event of supply line breaks or head breaks. Page 50 (9 ,~ ~3 :~ ~7 City of Chula Vista Building & Park Construction ,..,,,.,, 'dJl :'J'" iii j I I I J l~J I 111,I "!! - ~ -,),lB 5 * Cost Estimates Park ITEM DESCRIPTION Hard Costs Demolition Fencing Grading & Drainage In'igation Lighting Misc. Civil Paving Planting Play Equipment Restroom & Storage Signage Site Amenities & Furnishing Site Walls Skate Area Soil Preparation Speed Soccer Basketball Courts Tennis Courts Utilities Maintenance Hard Cost Sub-Total QUANTITY UNIT COST TOTAL $20,000.00 $79,500.00 $698,808.00 $1,000,000.00 $368,500.00 $68,400.00 $995,300.00 $458,300.00 $170,000.00 $134,000.00 $30,000.00 $645,200.00 $99;750.00 $95,000.00 $276,700.00 $166,400.00 $43,600.00 $70,000.00 $63,8OO.OO $120,000.00 $5,603,258.00 Deductive Alt. 1 - Grading Allowance Deductive Alt. 2-Rec. Bldg. Diff. Cont. Hard Cost Total $150,0O0.0O $936,746.0O $4,516,512.00 Soft Costs Building, Utility, Site Fees Design Fees & Constr. Admin. CM Fees City Staffing & Inspections Insurance & Bonds Soft Cost Total 0.09 $504,293.22 0.13 $728,423.54 0.03 $168,097.74 0.08 $448,260.64 0.02 $112,065.16 0.35 $1,961,140.30 Contingency 15% 0.15 $840,488.70 Total Park Construction Costs $7,318,141.00 D~fl Page 55 January2003 Appendix A Arborist Report TREE SERVICE October 30, 2001 Kurt Carlson Kawasaki Theilacker Ueno · Associates 3916 Normal Street San Diego, CA 92103 619/294-4477 f619/294-9965 Re: Eastlake Community Park AH Dear Kurt: I have inspected the eleven eucalyptus trees at the site of the future park at Eastlake and have observed that all trees are in decline at this time. Factors which will affect survivability in the next six to twelve months will be: 1. Installation of temporary irrigation system for the strongest five trees (Sugar gum species). 2. Improving drainage to the trees. 3. Reestablishing original grade to the trees which have had grade changes. 4. Removal of weak trees at this time (Red qum trees that are infested with Red G~Lm Lerp Psyllid). ,5. Pruning of remaining five trees in the next twelve months to remove dead limbs only. 6. Installation of mulch beds under the remaining trees. The largest five trees at the easternmost part of the project are E~calyptus cladocalyx (Sugar gum) and are the trees most likely to survive the construction process. The remaining trees are Eucalyp- tus camaldulensi$ (Red gum) sDecies and are in severe decline, offering little hope of survival. I recommend that all Red gum trees be removed Drier to any further work ~n the area and that remedial grade work be done for sugar gum trees along with the installation of temporary irrigation (or manual irrigation) and further monitoring of tree health. Survival of the remaining trees depends on the level of future construction activity in proximity to the trees. In some cases of construction damage to root systems, there is no Dost-construction repair possible. 53{) Telegraph Canyon Ro~4 · Suite 815 · Chul~ Vista, California 01910-6497 Telephone 619/235~85].~ · ~121-7119 ,, FA~ 619/~1Z1-7249 Appendix B Workshop Minutes Salt Creek Community Park Workshop 1 Revised Meeting Minutes: April 16, 2OO2 Workshop Date: Saturday, April 6, 2002 PRESENT: City of Chula Vista: John Krizan, Jack Brady, Brian Cox,Todd Schlnit The Eastlake Company: Natasha Martinez KTU+A DesignTea~n: Kurt Carlson - Principal Cheri Blamer - Landscape Ar- chitect Penny Clews - Park Designer Consultant Team: Sandy Gramley - PlattWhitelaw & Assoc. Paul Hobson - Artist Work~hop Presentation: A. Introduction to 24-acre park project and consultants (John Krizan) B. Discussed scope of work & schedule 0furt Carlson) C. Discussed goals and objectives (Kurt Carlson) D. Presented example boards of past park projects (Kurt Carlson) E. Presented "Site Opportunities and Constraints" board (Cheri Blamer) E Presented Bubble Diagram of park elements in relation to the park site (Cheri Blamer) Community Members Questions & Answers: 1. Will the creek have stagnant water? Will it smell? The water flows into Otay Lakes. The team took into account the concern for smelly water from the creek but did not know if that would be the case as they felt that water would be flowing most of the year thus reducing the potential for stagnant water. The. team will research. 2. Will there be an area for dogs? We discussed that if this was on the list of priorities it will in fact be considered. The team pointed out that there are other parks within the Chula Vista General Plan that have been designated to incorporate dog areas. 3. What kind of amenities can be found in the surrounding parks? The team referred to the board containing "existing and proposed parks" in the City of ChulaVista, along with their site amenities, for the community members to come up and review. 4. What is the budget? Does this include the gymnasium? John Krizan indicated that the budget was approximately $4 million and that did not include the gymnasium. Source of funding is being determined by City of Chula Vista for the gym. 5. What is the schedule for completion of this park? Antici- pate two years for completion of project construction from time Master Plan is approved. City requires one growing season prior to turnover. 6. Is there a multi purpose field at the Little League lot? Are the fields lit? Team needs to locate Little League field plans to determine if there is a multi-purpose field designed into the project. The fields are not lighted. KTU+A has found that there is not a multipurpose field located on this site. Final Draft Page 59 January 2003 Workshop I Final Draft January 2003 pavillion / large shade structure, and a tot lot. f. Soccer (multi-purpose) field located on lower level of park, south of second level. g. DO NOT LIGHT FIELD h, Restroom facility located between 2"d level and lower level, west of field. i. Additional parking lot west of Salt Creek Basin, adj. to Little League parking lot. j. Locate skate park in area of pump station, Vary terrain, k. Include trail linkage system around entire park for pedestrians and bicyclists. 1. Suggested par courses throughout m. Prefers southern portion of park site to be passive (picnic areas, tot lot, sand volleyball court) n. Incorporate bridges to cross creek o. Screen headwall with heavy vegetation or buffer with a restroom facility. p. Traffic control shall be implemented along North Creekside Drive. Team 3 - Leaders: Paul Hobson, Sandy Gramley, Brian Cox Proposed name: Rancho Community Park Pros: Streams, views · Cons: Not enough trees, no bridge to cross stream Program: gymnasium, dog park (off leash), basketball and tennis courts, playing field, frisbee golf, tot lot, picnic, walking, volleyball court. a. Mountain views north and south east of site. b. Grades to remain the same. c. Main park entry off of Otay Lakes Road, across from 'Woods' project. d. Gym located at upper level overlooking park site to the south. Site buildings to oversee and supervise activities. e. Parking lot off of main entry, upper level. f. Tennis courts located on east side of upper level, bottom of 'Vista' project slope. g. Play field on second level with rest room facility. h. Incorporate bridges (2) to crossover stream. i. Located dog park in center of park site with an aes- thetically pleasing fence. j. "Earthworks"- sculpture earth adjacent to Salt Creek Basin to soften the creek and entice people to sit by the stream, k. Located tot lot @ south end of park, Rustic (NO McDonald's playground structures). Picnic area and restroom facility @ south end of project site. m. Incorporate walkways throughout. Salt Creek Col:nmllllity Park Workshop 2 Workshop Date: Saturday, May 11, 2002 PRF~SENT: City of Chula Vista: John Krizan, Jack Brady, Sunny Shy, Todd Schmit KTU+A DesignTeam: Kurt Carlson - Principal Cheri Blamer - Landscape Ar- chitect Penny Clews - Park Designer Consultant Team: Sandy Gramley - PlattWhitelaw &Assoc. Workshop Presentation: A. Introduction and overview of Workshop 1 (Kurt Carlson) · Welcomed those who attended and introduced team · Briefly reviewed program, site analysis board, bubble diagram for park layout, historical board, existing and proposed park amenities Discussed process of community members breaking up into groups @ first workshop and developing park layout with objectives and priorities. Presentation of (3) proposed alternatives (Cheri Blatner) 1. "Sports as aTheatre"or Sports Park 2. "Rancho" theme 3. "Meadow Creek" theme Community Members Input / Concerns: 1. Inquired about width of planting area @ perimeter of park. Requested a large enough buffer zone between street and park to screen view and noise from adjacent residences. 2. Parking is a concern of adjacent homeowner's. Parking from the Little League field is already spilling into a large portion of North Creekside Drive on-street parking. Two future homeowner's were not aware that this site was going to be a community park. · Robin (community member) stated that there has been a sign posted on the project site for nine (9) months indicating that "this is the future site of a community park". City stated that the park plan has been a part of development planning all along (at least 10 years). · Those present asked if the City had an overriding concern for on-street parking. The City stated that street parking offsets large parking lot on site. · Some residents concerned about pandamonium on streets. Community inquired as to quantity of events and how those events will draw more parking. A conmaunity member felt that people should be encouraged to walk to the park instead of drive. Suggested posting signs to enconrage walking. Sunny Shy stated that this is a City community park as opposed to a neighborhood park and the gymnasium is a City need.The park needs to be pedestrian friendly considering people drive "big" cars these days that need to be accommodated for. 3. Are the trails interconnected for rumfing / walking?Are trails marked for distance? Yes 4. Will fields be designated for leagues? Yes, by the City 5. Will the multipurpose field be lighted? No, only the areas adjacent to the gym. Final Draft ~ ~/q7 Page 63 January 2003 -? _ Workshop 2 Final Draft January 2003 13. Sunny discussed the size and park progranmMng for a 10 acre park site in Eastlake development: "Sunset View Park" which will include (2) regulation soccer fields, roller hockey, children's play areas, basketball courts, tennis courts, etc. 14. When mentioning "Sports Park, someone indicated that passive parks are needed these days too. 15. The park commissioner "Don", expressed that in regards to field usage there is not enough fields, there is a shortage and it will only get worse. A large field can be broken down into 24 games running width-wise on the field. 16. How will park affect value of home!? Kurt Carlson felt it will most likely increase the valueof the homes substan- tially. 17. Will the wetland area be natural? There is fencing to separate the wetland area from the park and signage indicating that this area should not be entered nor dis- turbed. 18. Is it possible to go to the City of ChulaVista to request red painted curbs (on North Creekside Drive? Yes, anyone can request a review of the situation. 19. Those present felt that these workshops were not publi- cized enough. A couple of the new homebuyers just happened to hear about it at the last minute. They felt that there are a lot of people who don't live in tile surrounding homes yet that may have input. Kurt explained that the process needed to be started. The park has been in the works for over 10 years now. It will still take another couple of years to be completed. Cheri stated that 6500 flyers were sent out in the mail within a 3 mile radius around the park site, the developer's were to notify the new homeowner's and it was announced in the commu- nity newsletter. 20. Robin stated that she preferred the "Rancho"theme. She requested 220 parking spaces on the site to help eliminate some of the off-street parking. She likes the amphitheater, NO on lighting fleld(s),YES on informal skatepark @ pump station because of noise factor, likes trail linkage (stroller walking), good number of access points into .and out of the park, (2) fields good, open field good. 21. One participant did not like the amphitheater seating in the "Rancho" theme. He thought it was too much concrete and when explained to him that it would most likely be of wood4ike risers and lawn / groundcover @ treads, he found that more acceptable. He also h~qnlred as to how many people it would seat? It was "guesstimated" approx. 75-100 people. 22. Where are the facilities on thc "Rancho"Theme (i.e. restroom, shade shelters, etc.)? Can organizations use Page 65 Appendix C References City of Chula Vista Municipal Code- Zoning, reprint of Title 19,July 2001 Eastlake II General Development Plan, Cinti Land Planning, adopted November 16, 1999, by Resolution No. 19666. SPA areas: Eastlake SPA, Eastlake Greens SPA, Eastlake Trails SPA, Salt Creek SPA and Business Center II SPA. Eastlake m General Development Plan, Cinti Land Planning, Revised draft April 20, 2001, SPA Plan. Salt Creek Community Park Master Plan - Eastlake Trails SPA Plan, Section 11.2.8,Appendix 1,April 1998 Otay Ranch Resource Management Plan- Phase 1, Ogden &Assoc., October 1993 Otay Ranch Resource Management Plan- Phase 2, Dudek &Assoc., Brian E Smith & Assoc., Dick Jacobs Associates,June 24, 1996 Otay Ranch Village II, Sectional Planning Area, Brookfield Shea Otay LLC., original adoption Oct. 9,2001 Report of Preliminary Geotechnical Investigation Eastlake Trail, Chula Vista, Califocnia, Geotechnics Incorporated, March 20, 1998 Wetland Mitigation Plan, Salt Creek Park, P&D Environmental Ser- vices, Revised July 1999 Final D~ft Page 69 January 2003 Attachment B: Sample Design/Build Contract NOTE: The attachment is the City ofChula Vista's generic two party design build agreement. It will be modified slightly to reflect the RFP requirement related to scope and establishment of GMP. Exceptions are to be clearly noted in the RFP response in writing, 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 CHULAVlSTA (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"). WHEREAS, the project;~h~ ~¢e ~8~e ~roj~d~e], ~s a new facili~ 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 and type project name] located in the [Click here and type location] area of the City; and WHEREAS, on [Click here and type date] the Council approved a resolution establishing a Design-Build Pdority List 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 [Click here and type date] the City invited [Click here and type Cf] Design-Build firms off the Priority kist to interview, and WHEREAS, all [Click here and 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/B 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 and type description] as outlined in the [Click here and type description] (Exhibit 1 ), (referred to hereafter as "Project"). The [Click here and type description] shall include, but not be limited to all components outlined and described in the attached document entitled [Click here and type description] (Exhibit 1 ). The Project is located on the [Click here and type address description] in Chula Vista. J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 1 of 47 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 by the D/B shall include, but not be limited to, all services outlined and described in Exhibit 4, titled "Design/Build Services". 1.3 The D/B shall: 1.3.1 Perform~ll] se, rv ces, ~ork and ob i_(3ations as descr bed her~ n for ~, ~, , % .~"~\'~ ,~ . . . the Gu~a~e~ ~x~0ce ~P), which shall include Design Se~ce~ ~ ~ al o~¢~t~ ~ ecessa~ to provide a fully compl:~¢'~~; ;~D/B shall pe~o~ all Design Se~ices and General Conditions for the not to exceed amount of [Qick here ~d $$] (Exhibits 3 & 5). At 90% ~mplete ~nst~ction documents a GMP will be established pumuant 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 [Cl~c~ here a~d t~e p~o~ect description] in accordance with all applicable ~les, regulations, and laws. The D/B fee shall be [Clic~ here a~d %] of hard ~nstmction costs and the ~nd cost shall be [Clic~ here ~d %] of hard construction costs. 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 Ci~ pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP at the ~mpletion of the project shall belong to the City. 1.3.2 Substantial Completion: [Cliclc 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 further mean that all goods, services and systems to be provided under the terms and conditions of; the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work. 1.3.3 Achieve "Final Completion" (as defined in §16.2) as established in the Project Schedule (Exhibit 2). Section 2: General Obligations of City 2.1 City shall be obligated as follows: J:~BPC'~BPC Admlnistratior~\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 ordedy progress of D/B's services per the Project Schedule art.ached as Exhibit2; . 2.1.3 Pay for ~r~d ~ca~s~ b~ comp,:Jet6id all necessary env'ronmenta studies ~l'~-'~ob~i~fil ~'~¥~on~t"§~pprovals and/or permits with reasonable promptness to avoid delay to the orderly progress of D/B's performance per the Project Schedule attached as Exhibit 2; 2.1.4 At the request of D/B, City will use its best efforts to provide D/B with any available information about the Project Site geotechnical soil conditions; it will, however, be the responsibility of D/B to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. Citydoes 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 and 90% CD's which shall allow construction of Project in conformity with the Approved Master Plan for the Project. For each D/B submission, City shall have twenty (20) working days to review, approve, conditionally approve or deny. Section 3: General Obliqations of D/B J:\BPC\BPC Administration\Design Build Agreements\Master II DB AgreemenLdoc 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 construct t.h~. ~roje~c~t on time, consistent witt~ time frames s~t ~'o/~ ~.,;~tt3~ I~rg~leCt S~h~dule Exhibit 2 and ~n such a mannert[ha~h~G '~l~t, Pi~o~Coiitra~c~ T'~e of the Project shall not be exceede'~l~u~ il~DTl~ h~on~:~eves that any action, inaction, decision or direction by City or agent for the City will likely result in the GMP or Con/ract 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 amhitects, 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.~.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:\BPC~BPC Administration~)esign Build Agreements\Master II DB Agreement.doc Page 4 of 47 3.1.8 3.1.9 3.1.10 3.1.11 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 ofthe date of this Agreement. However, the City recognizes that Governmental Requirements and their interpret~igns.by gove .r0m_ental o.~c als ("Code Authority") are often subject to ch~ge~at~'~, t~J~n~e, eve~h after ~ssuance of a budding permit. ,'l~;~a~'~'tb~,jd,at~ ofi',th~i~'~eement, modificat,ons to the Project '~e~r~cl~l~catig~'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. 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; 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. To obtain all permits necessary to complete the Project. City shall pay cost gf permits. D/B shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors. Conform its design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). J:\BPC\BPC AdministraUon\Design Build Agreements\Master II DB Agreement.doc Page 5 of 47 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 effic, iency, and imp..a_qt operation of t~h~.e~ro.[,e.~t.. Provide cost estimates to the · ' , ~ ;:~,~_,~ , '~ .'! ,~ o , · Cltyat ~,~50~ D ~,,~aYoGD~andg0~CDs. Prowdefinal cost es[im-~ t~p~:~ ~:' ! d~p~e~, t~i ['~ C~ty w~th F~nal Construcbon Docum~ "-'"'~ v ~ ~ ~, ~, 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. 3.1.16 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) schematic; (2) design development and (3) construction drawings. Said approval shall be evidenced by written notice to proceed with the subsequent phase. 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 writing within five (5) calendar days of discovery if D/B believes it has uncovered or revealed a condition which: 3.2.1.1.1 differs materially from that indicated in the soils and geotechnical reports furnished by City, or J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 6 of 47 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 ~er~ re.quiring, a _ch~pge~n..the Work, City shall commence ~t~ p~c~sit~b ~{~ ~ha~rder pursuant to Section 14. If ~.C~,ty~l~];ei ,~d~,'i'th--~e i,~ ih-b~bona fide Work scope change ~0r~i~ ~"fili~d~had~e~ch 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. 3.3.1 D/B warrants that at least one member of the D/B team shall be licensed by the California Contractor's State License Board as a General Building Contractor. D/B is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of construotion. City and D/B shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of D/B, City shall have the right to approve the replacement personnel. D/B shall comply with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. 3.3.2 Project Manager, 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 J:\BPC\BPC Adminis~ation\Design Build Agreements\Master II DB Agreement.doc Page 7 of 47 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.p~d v qua Proigct Mapag~r, Landscape Architect or Project Architect ~f.0.t' g~d ~a~{~oyes ing~ to be satisfactory to the C~ty, uPOn wri ~i ~::~:t~{C~ ~r]3~ lit~i'e Citvi~-~ ~the General Contractor, such person o~/~t~,oft~Jh~all~De p~y~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, 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 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 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 J:\BPC\BPC Administration~Design Build Agreemenls\Master II DB Agreement.doc Page 8 of 47 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 Reauirement 4 1 D/B sha determ~ho~'~ ~'~ b~$t ~~' -~ "'~l~kage '~ons of the work for purposes of b~ddlng. D/B shall be [e~)(~n~,i, bl;Ji~for '~e(~t~v~l~/§iddlng all construction work to · . .//.~, ~ 'L.~ ~ · ,~ . · · others and for entering ih"[t~ s'b~tra~, ~n ~ ~oWn name, w~th the bidder who ~n 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 Obliqafions - Desitin 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 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 matedal for J:\BPC~BPC Administralion\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 Exte~r ~ie~al~i0~,i m".c[u~ng matena references and ~e~t~vi~Je ~of ~p~ents existing and new line of ~;~t~of ~d~ th leader nes and yea cai 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, vedical floor to floor, floor to window head and sill and floor to ceiling; structural elements and assemblies; interior and extedor wall finishes; and wall and roof assembly; 5.1.2.7 Outline specifications, wdtten 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 wdtten 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. J:\BPC~BPC Administra§on~Design Build Agreements\Master II DB Agreement.doc Page 10 of 47 Section 6: Desiqn Phase Services and Obliqations - 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 requiremenis and review ~,o~ r~,qui~ern, ffnts~v th Oity~,~, 6.1.2 DIS sh~Jl~rj~~h ~l:~.jb~nclude, 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. 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 J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc 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 Page 11 of 47 clearances and applicable matedal lists. 6.1.2.3 Mechanical plans and details; 6.1.2.4 Landscape and Irrigation plan and details; 6.1.2.5 6.1.2.6 6.1.2.7 Electrical plans and details; ~lu ,rr~. {ng~PlalnshaGd ~l~s~of major systems, fixed fumishings and graphic; equipment, 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. 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: J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 12 of 47 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; 6.1.2.11.2 6.1.2.12 Preliminary equipment layouts, required space for .... ,. equigment, required chases and clearance§. ~ -. ~, ~' ~ I,~-,-¥~' . . ;~ . . . S~o~s' t~reu~h cr~t~¢al h~eas showing coordination of ~c~t~bral, '-st~td~'~' mechamcal 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 ofair 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 pedod 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 describe the size, quality and character of the entire Project, J:\BPC\BPC AdministraUon\Design 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, 'dentify se~at~\bid~a~l~(~tO ~i~¢c-~rnpl'sh phased construction of the Project. .~ ~ ' ~' ~ '~'~- ~ 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 [Click here a~d typcprojcct dcscdptJo~]] ,, 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 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. 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 J:\BPC\BPC Adrninistration\Design Build Agreements~Master II DB Agreement.doc Page 14 of 47 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 6.6.6 6.6.7 nterfacg-~and..:. ;,c°mmu, ~iq~t ,Phs with.~other agencies Vendor~ ~c~.s~bdqt?~,,t6rsi m~?g~ement Document ~ntrol 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 Cbula 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-pumhase 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. J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 15 of 47 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 Furn sh ~pp(~rt to a ~ ~ co,~structabi ty rev ew team at th~ 50%, 70% an~¢~p~c~t,, .. , ¢.:, ~eS~gn completion stage. Inco~orate the results 9)¢~ i~(¢~ i~t~',d~h 6.7.7 Provide updated const~ction cost estimates at durations specified in this agreement to suppoK Value Engineering (VE) and constructability reviews. Section 7: Construction Ph&se Services - Phase II1: 7.1 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 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 ~)ocuments 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; J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 16 of 47 7.1.8 7.1.9 7.1.10 7.1.11 7.1.12 7.1.13 7.1.14 7.1.15 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; Give all notices and comply with laws, ordinances, rules, regul.ations, and lawful_orders of pub ic authorities relating to the Project Provide,tii~e~,y'(,e~iS,Wia6d'a~prp¢~il pf shop drawings, samples of constru(~t~e¢6~r~¢i~is~p~Oddb:t~J~t~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; 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; Establish and maintain a quality control program with appropriate reviews and independent testing procedures to ensure compliance with the Construction Documents; Coordinate all required inspections in such a manner that the progress of construction is not affected or impacted; Correct any work which does not conform to the Construction Documents; 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 ac(~ount thereof 7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior 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; J:\BPC~BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 17 of 47 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 7.1.20 Provide City with a Detailed Construction Schedule (DCS) on an approved software within fourteen (14) working days after rec. eiving Notice to~P. roqeedwith Pbas~ IV~ ~gvide updated versions of DCS on a mo~t~y'~s~; ~l~r. gv de :ml~ed~ate not~ce of any ~mpact on critical p~ i~e~s~ :~j ~ ~ ~, '~ 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 wdting when D/B 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. J:',BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 18 of 47 7.1.29 Assist during 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~bu, dg~t arid o.m~cheduleco~npletion of the Project, starting with th~.~SL~c~i~j~ ai~bt be te~roceed upon receipt of final constru~r'~jt~'~i" ~,f~m ~ind extend'rig through 'ssuance 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:~BPC\BPC Administration\Design Build Agreements\Master tl 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(.~er~tlo~s I~,'a~u~[~ ] '~ ~'~'..~ ~'i\ '~ ~ IL//!~ 7.2 Un ess the D/B r~l~/es~ ~;ity~.pn~r~p~a 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 stdct 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. J:\BPC~BPC AdministralJon~Design Build Agreements\Master II DB Agreement.doc Page 20 of 47 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 here a~d %] of hard construction costs, [Click here aud %] of hard construction 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 Comp et on date D/B s~Jl b9 p~ d a f~ee ~q~]al to the number of working d~ys the Substantial Complet~on~tff"!~s ~e_~d~d);mutt~plke,~l by the dady proration of the general conditions fee incl..,u~e~l,v~i~! t~e 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. 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. J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 21 of 47 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 injudeA.to pgrsgns 9£~a~gges to property which may arise from · . . ~ ~ ~' 'T'~ ~-~;~%, i ~ · or n connection wIth the~erf(~rn~c~o{Ith~ worl~ih~eunder by the D/B, h s agents, emplo)~e--~ ~::~r~u~l~s~dts. ~4~.rJ~Jbconsultants shall be required representatives, to comply with the appl~lS~"e------- ~ ~' -~"'"'-'"~§~u~affd~ pr~6'~?~ '1~i~. 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 matedal breach of contract· 11.3 Minimum Scope of Insurance 11.3.1 Coverage shall be at least as bread 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: J:~BPC\BPC Administration\Design Build Agreements\Master I1 DB Agreement.doc Page 22 of 47 11.4.1.1 General Liability: (Including operations, products and completed operations.) 11.4.1.2 Automobile Liability: 11.4.1.3 Employer's Liability: $1,000,000 $1,000,000 $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is. used, either the general aggregate limit shall apply separately to this projectJIocation or the general aggregate limit shall be twice the required occurrence limit. per accident for bodily injury and property damage. per accident for bodily injury or disease. 11.4.1.4 Errors and Omissions: $1,000,000 per occurrence 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:\BPC\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 pdmary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its :~Qffiq.ers~, o~cj~l_s ~m~lQyees or volunteers sh'all be ~L. ex(~ss ef ~eI .~Et s msui~ance and shall not contribute 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 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. J:\BPC~BPC Administration\Design Build Agreements~Master II DB Agreement.doc Page 24 of 47 11.10 Pdor 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 words "wi I endeavor" an~ "but failure to mail such notide shall ,mpose 13~§u~:~ o~,l,g~/i,~'~i,abi!i~of any k, nd upon the company, its agerLt~r~e~pr~'r{ta~iv~s+ wili~ 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 of this Agreement shall be directed to the City Representative. Section12: Inspection 12.1 City shall be responsible for City inspection and matedal 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 J:\BPC\BPC Adrninistration~Design Build Agreements\Master II DB Agreement.doc Page 25 of 47 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 coo. perate w th nspect on and test~og pe soQne t9 fac it~at~ reguired inspections or tests. D/B shall g~ve at least 24 h n~c~'~[ol~pr~i-~ ~ns~ ~on and five (5) days nobce for off-s te nspect on ~ , , ~ 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 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) 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 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 and type $] and include within said GMP shall be no more than 1 [Click here a~d type $] 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 o 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 preformed 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 J:\BPC\BPC/~:lministratJon\Design Build Agreements~Masler 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 Se(~t[pn ~ o[this ~g[eem~ ent, This Contingency Fund will not be 'aval~l~'~'e~'~'°~!~ ¢~i ~'k '~-e~ired due to D/B's and/or · # ~ '~ ~w.~/ ii. "~,~ Contract6r~tsot~;qr~¢act~rs f,a, dure, to,perform according to the terms of th~s ~,tj~f'~rn~dt 'an~r m-q~mphance w~th the Construcbon 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 [C]Jc~ here a~d type $] for General Conditions and Design Services. Said [C1~¢]( here az]d type $] 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 amhitectural, 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; J:~BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 27 of 47 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 _. th D~/B exceed 90% of the fair market value of ahy one ~,.'- ~e'~.f ~ip~nt ~ ~nall Tools. At C,ty s opt,on, the .~." ~ ~.. ,~r.~ci"~ !~m~e.~?~,r Small Tools may be paid, and ~ ~it,~l~a~, ~1~ pd*~si~h 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 these 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 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. J:~BPC~BPC Administration\Design Build Agreements'dVlaster II DB Agreement.doc Page 28 of 47 14.2 The following procedure shall be followed for the issuance of Change Orders: 14.2.1 14.2.2 Upon the occurrence of any event that gives rise to a Change Order, D/B shall give the City notice of the same with 5 days. D/B shall not proceed with any such services or work until such notice has been given .to the City except if such services or work are necessary to protect public health, safety or property. Unless b.ther~se ~d mc{Jadedly ttiej~ ty Representative ~n wnbng before 9r0~,., ,e~e~ dtp§ ~tb ~ny Cha~gb.Order work D/B shall promptly prowd~ ~9~C~ty'~N~t~~ a deta'il~l:Y-~nd complete esbmate 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 Padies 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 J:\BPC\BPC Adminislration\Design Build Agreements\Master II DB Agreement.doc Page 29 of 47 15.1 D/B shall submit certificate and application for payment to the City for Phase I, II, III and IV services as follows: 15.1.1 [Click here a~d type $] upon completion of one-half of the Phase I Services as determined by the City. 15.1.2 15.1.3 [Click her~_ m~ t e $ ~p~.on completion of Phase I Servi~Ses as [Click h;Fe~i~d ~ \~:~t.l~n O0~l~'~on of ali Phase" Se~ices as dete~ined by the Ci~. 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, dudng 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. J:\BPC~BPC Adminisb'ation\Design Build Agreements\Master [I DB Agreement.doc Page 30 of 47 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 percent (90%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 10% as security for D/B's full performance. 15.6 Subject to Sectio,~n~S. 15,.8, ~ity sha!!~ P.~Y D~/B the ten percent (10%) retention being withheld pursuanl~(~;:S~io~s ~'~.~' ~ 15:.~i~s part of the "Final Payment" to D/B. Final Payment wil! b'b ~d~ ~h~{~y~e (3~) ~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: 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, 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 J;\BPC\BPC AdminisO-ation\Design Build Agreements~Master ~1 DB Agreement.doc Page 31 of 47 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 ~ime. 17.1 The Contract T~o~e~,~a~l b~(he ~umbe,r?,f e~lendar days stated in Section 1 for D/B to achieve SubSOil "C~p~abn. 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 J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 32 of 47 circumstances" as defined in Califomia 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: Riqht to Modify Work 19.1 W thout inva idatipg th,e. Ag[ee.m. gn~a~nO without notice to any surety City may · . i~- ,,~ ~ ~,~ 'j ~-~ \ ~ . .'~--~, . . . . at any brae or from t~m.e to~me~. (~r ~dd~bqn~ delebons, or revisions ~n the Project; these w,II be a~,~ ~r~en ~h~ ~ Order prepared and ,ssued by Ci~. Upon receipt of an~h ~b~ht, DfB~¢~romptly pro~ed with the Wo~ involved which will be pedormed under the appli~ble conditions of the Constm~ion Documents (except as othe~ise 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 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 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 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 J:\BPC\BPC Administration\Design Build Agreements\Masler II DB Agreement.doc Page 33 of 47 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 reject~0, cgrr~ction gr ~qc;~pt~.n.c.e of said work. Defective work may be rejected even ~appr~e~f!p~(~r?~nspe(;t~h. 22.2 The warranty p~tlOd ~S~JI¥ ~omm~e'~hen the Certificate of Final Completion is issued (irrespective of beneficial use by City pdor to Final Completion) and extend one (1) year after that date or whatever longer pedod 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. 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; J:~BPC\BPC Adminisffa§on\Design Build Agreements\Master II DB AgreemenLdoc Page 34 of 47 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 22.5.5 In the event D/B's warranty under section 22.2 has expired, City may bring suit at its expense to enforce a subcontra, ctor's, manufac~[er'~ o.r supDlier's warranty D/B sh~ll'~s'sCgni 'all;s~bcqi~traCtog supplier and manufacturer warranb~'s m¢lud(r~g hlamtef'i~fl'ce-contracts from the ~nstaller for 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 or the Contract Time, and the Agreement shall be modified in writing accordingly. Section 24: Personal Services and Non-Assiqnability 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 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 J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 35 of 47 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 ~r qrni~ion~ of ,D/B,..i~t~s architects, engineers,' other professionals and cons~nt~'~,CQhtr~:~rs~ ~upp!ie?s or anyone directly or ~ndirectly employed by any of t~n~ ~rj~i~ ~f~ ~h°-S~acts they may be liable. The obligations of the D/B u~hl~-Cara~t~ph ~ 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 adses under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action. D/B's obligation regarding asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. Section 26: Riqht to Terminate and Suspend Work J:\BPC[BPC Adminislration\Design Build Agreements\Master Il DB Agreement.doc Page 36 of 47 26.1 Amhaeoloqical and Paleontoloqical Discoveries. If a discovery is made of an archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City. 26.1.1 26.1.2 Discoveries which may be encountered may include, but are not be limited to~:~we ling .sites, ~t~o. ne implements or other artifacts, animal bones h~ad~bo~s~;d~s~r ~item w,th cultural significance. D/B shal~e~erffltl~d [b ah ext~'~-~dn of bme and compensabon n accordance with the provisions of this Agreement. 26.2 Termination of Aqreement 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 ~hereof 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 Riqhts of City Preserved. Where D/B's services have been so terminated by City, the termination will not affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance bond surety. 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. J:\BPC\BPC Adrninis~'atJon\Design Build Agreemenls\Master II DB Agreement.doc Page 37 of 47 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,~agr~3 ph~ D/B .s.~AIl~be e~n~ti~ ed to receive just and equitable compensat'on for an~, ~aft'~fa~p~"jW~rl~' cb~pleted, including reasonable demobilization costs, to~th~, ~tf ~ctig;~d~ of suc~ t~'~n~ ~na ~on. giB hereby expressly waives any and all ci~¢fl~' ~t~es~z~f~L'~pensation arising under this Agreement except as set fodh herein. 26.3/I Records and Documents Relatincl 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 bIB's costs and expenses under this Agreement. D/B shall make these records.and documents available to City, at D/B's off~ce, 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 pementage 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 proportional to the percentage of work satisfactorily completed and authorized pursuant to Section 6. 26.6 Failure to Aqree 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: J:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 38 of 47 26.6.1 The price for completed services accepted, including any retention, by City not previously paid; 26.6.2 26.6.3 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 th.e City based o~ an audt o[ al! ~C~ntractors' bills of materials and the bmecards ~r ~orl~aCtu~ll ~perfor~d; A portio~of'the~D?BVPiFed F~(0~fhead 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/B J:\BPC~BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 39 of 47 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, ~, aod noti(;;~ to resume Work or to termina{e the ~' '~, " ~,~ ~'i '~--~ %(~ ?~" · t~.. ~ A~,e~t~ not beth received from City within this 28.10.1.1 City shou{d Mi[ 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 Judqment 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. J:\BPC~RPC Adminisffation\De$ign Build Agreements\Master II DB Agreement.doc Page 40 of 47 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. Sect,on 30: Ownersl~il~ 30.1 All repods, studl~,qnfO(~atbn, data, sBtlstlcs, forms, designs, plans, procedures, systems and any other materials or prope~ies produced under this Agreement shall be the sole and exclusive prope~y of Ci~. No such materials or propedies 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 countW without the express walden consent of City. Ci~ 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 pa~, any such repods, studies, data, statistics, forms or other materials or prope~ies produced under this Agreement. Section 31: Fome 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. 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 or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which D/B is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy. the delays or failures in performance caused thereby. However, D/B, in developing J:\BPC\BPC Administration\Design Build Agreements\Master II 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.any., ~yent, -~ ~within, ~ :-~.,five (5) working days after Party becomes aware of suc~d'~l~!~ori~ll~re~~/;: i ~' 31.4 No Event of ForCe~lje'i~ ~lfSIf~e ~lS~or 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 pedormance 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 wdting within 7 days of receipt of request and all supporting data. Said Change Order shall be made in good faith and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City is liable, and covers all costs and delays to which D/B believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in Contract Time shall include an analysis of the Master Construction Schedule and the impact of the claimed work on specific activities on the Master Construction Schedule. 33.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in accordance with the procedures set fodh in Chapter 1.34 of the Chula Vista J:\BPC~BPC Administration\Design Build Agreements~Master II DB AgreemenLdoc 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 A not ces, dem~n'd;s~or, ol~h'b~ ¢o,(rnm~n cat ods hereunder sha be g~ven or made m wntmg and shal~6et~red~rsdn~'~sent by couner or registered or ce~ified mail, return receipt requested, postage prepaid, addressed to the Pa~y to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Pady: (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 fim~ name] [Click here m~d type firm address] Tel: [Click here and type firm phone] Fax: [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 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 J:~BPC/BPC Adminislration~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 attomey of any other Party. 35.2 Severabilitv: If..~ ~'~n~l,~{~?~Ji~_i~,greement is held to any extent to be invalid or unenf~r~l~['t~er~aih'i~erms 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 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 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. J:~BPC\BPC AdminislralJon\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 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: ~s/~clr~n~rnay bei~x~cuted by the Part es ~n one or more counterparts, all (~f"~l~, t~ t~g~t~er.~l~ constitute one and the same instrument. The facsirr~'~g~br'~he~P~t~e~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:\BPC\BPC Administration\Design Build Agreements\Master II DB Agreement.doc Page 45 of 47 SIGNATURE PAGE TO DESIGN/BUILD AGREEMENT CITY OF CHULA VISTA [Click here and type firm name] [Click here m~d type name], City Clerk Approved as to form by: [Click here and type nan~e], City Attorney J:~BPC~BPC Administtation'OesJgn Build Agreements~Master II DB Agreement.doc Page 46 of 47 GLOSSARY OF TERMS J:\BPC~3PC Administration\Design Build Agreements\Master II DB Agreement.doc Page 47 of 47 Exhibit I 'Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 EXHIBIT LIST Approved ]Click here and type project description] Master Plan Project Schedule Preliminary Cost of Construction Design/Build Services General Conditions Breakdown RFQ J:~BPC~BPC Adminislration~Design Build Agreements[Master II DB Agreement.doc Attachment C Example of a General Conditions Worksheet 23 CllY OF CHULA VISFA DESCRIPTION PROJECTPERSONNEL Project Manager Project Superintendent Project Engineer Project Administration Project Acc(~unting (List Name) BUILDING AND PARK CONSTRUCTION GENERAL CONDITIONS WORKSHEET QUANTITY UNIT UNIT COST TOTAL SUBTOTALS PROJECT srI'E OFFICE Temp. Office Mobilization/Demobilization Temp. Office Rental Office Cleaning Office Equipment - Computer, Copier, Fax Office Supplies Telephone Services - Pac Bell & Nextel Postage, Courier, Federal Express Small Tools Protective Equipment/First Aid Supplies SUBTOTALS GENERAL EXPENSES Repro. Costs/Coordination (Drwgs Only) Scheduling Progress Photographs Insurance f~Bonds SUBTOTALS CI1Y OF CHULA VISTA DESCRIPTION TEMPORARY SERVICES Toilets/Handwash Stations Storage Container DumpstedDebris Box Temporary Power Temporary .Water BUILDING AND PARK CONSTRUCTION GENERAL CONDITIONS WORKSHEET QUANTITY' UNIT UNIT COST TOTAL SITE SERVICES Security Guard Services Security Site Fencing Barricades Traffic Control Y~ Dust Control SUBTOTALS SUBTOTALS ~ MISCELLANEOUS ITEMS Survey, Staking & Restaking Daily Clean Up Final Clean Up SUBTOTALS PROJECT VEH.ICLE EXPENSES Trucks/Cars (Included in Labor Rates) Car Expense (Included in Labor Rates) Fuel SUBTOTALS TOTAL GENERAL CONDITIONS Page 2 of 2 EXHIBIT 2 Design Build Fee Structure J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB,doc Summary of Rates and Fees Design/Preconstruction and General Conditions Salt Creek Community Park Design/Preconstruction $890,600 General Conditions $633,814 (14 months of construction) Total: $1,524,414 City of ChuJa Vista BUILDING AND PARK CONSTRUCTION Salt Creek Community Park GENERAL CONDITIONS WORKSHEET IIDESCRIPTION PROJECT PERSONNEL QUANTITY UNIT UNIT COST Project Executive - Rene Olivo (PT) 2.0 WKS 5440.00 Project Manager - Mark Austgen (Full Time) 47.1 WKS 3217.73 Project Superintendent - Dan Dell (3/4 Time) 62.8 WKS 2909.24 Project Engineer - TBD (Full Time) 62.8 WKS 1944.51 Field Office Coordinator - TBD (1/2 Time) 62.8 WKS 1308.56 Safety Inspector 62.8 WKS 113.94 SUBTOTALS PROJECT SITE OFFICE Temp. Office Mobilization/Demobilization Temp. Office Rental Office Cleaning Office Equipment - Computer, Copier, Fax Office Supplies Phone Set-up from POC to trailer Telephone Service - Pac Bell & Nextel Postage, Courier, Federal Express Small Tools Protective Equipment/First Aid Supplies SUBTOTALS GENERAL EXPENSES Repro. Costs/Coordina0on (Drwgs Only) Scheduling Pmgress Photos Insurance Builders Risk Bonds SUBTOTALS TEMPORARY SERVICES Toilets/Hand wash Stations Storage Container Dumpster/Debris Box Temporary Power Set-up Temporary Power usage Temporary Water SUBTOTALS TOTAL I 10,880 151,519 182,657 122,086 82,158 7,154 545,573 1.0 LS 4,588 4,588 14.5 MOS 500 7,250 14.5 MOS 150 2,175 14.5 MOS 300 4,350 14.5 MOS 600 8,700 1.0 LS 500 50O 14.5 MOS 250 3,625 14.5 MOS 250 3,625 Non required for General Contractor 14.5 LS 750 10,875 45,688 1.0 LS 14.5 MOS 14.5 MOS 500.00 500 150.00 2,175 150.00 2,175 $8.00/$f,000 of the cost of the work $.90/$100 of the cost of the work O, 78% of the cost of the work 4,850 t4.5 14.5 14.5 t4.5 t4.5 MOS 575 8,338 MOS 250 3,625 MOS 650 9,425 Cost of Work included in subcontractor scope MOS 300 4,35O MOS 100 1,450 27,188 page 1 of 2 Salt Creek General Condtions 080103.xls Z-' 8/1/03 City of Chula Vista BUILDING AND PARK CONSTRUCTION Salt Creek Community Park GENERAL CONDITIONS WORKSHEET I DESCRIPTION QUANTITY UNIT UNIT COST TOTAL SITE SERVICES Security Guard Services (see breakdown below) we recommend bidding this with the trades Secudty Site Fencing Cost of Work included in subconiractor scope Barricades Cost of Work included in subcontractor scope Traffic Control Cost of Work included in subcontractor scope Dust Control (see breakdown below) Cost of Work included in subcontractor scope SUBTOTALS MISCELLANEOUS ITEMS Survey, Staking & Restaking Daily Clean Up Final Clean Up Cost of Work in subcontractor scope Cost of Work in subconiractor scope Cost of Work in subcontracior scope SUBTOTALS PROJECT VEHICLE EXPENSES Trucks/Cars (Included in Labor Rates) Car Expense (Included in Labor Rates) Fuel 14.5 MOS 350 In Labor Rates In Labor Rates 5,075 SUBTOTALS 5,075 TOTAL GENERAL CONDITIONS page 2 of 2 Salt Creek General Condtions 080103.xls 8/1/03 RUDOLPH & SLETTEN & JEFF KATZ ARCHITECTURE - DESIGN & PRECONSTRUCTION SERVICES PROJECT: CCV- Salt Creek Park LOCATION: Chula Vista, CA DATE: August 4. 2003 IDESIGN & PRECONSTRUCTION RECAP SCHEMATIC DESIGN PHASE SCHEMATIC DESIGN ESTIMATE DESIGN DEVELOPMENT PHASE DESIGN DEVELOPMENT ESTIMATE CONSTRUCTION DOCUMENT DESIGN PHASE 50% CONSTRUCTION DOCUMENT ESTIMATE PROCUREMENT ASSISTANCE FROM DESIGN TEAM PROCUREMENT SCHEDULES DESIGN MEETINGS CD QUALITY REVIEW MISCELLANEOUS (Reimbursable) CONSTRUCTION ADMINISTRATION TOTAL IPRECONSTRUCTION DURATION START END 7~3~003 ~27~004 WEEKS 44,00 TOTAL $ 130.000 $ 8.020 $ 95,000 $ 8,908 $ 420.000 $ 11,148 15,0O0 14.544 1,792 22.191 3,996 160,000 0oo, Oll REMARKS P~n§ng Des~n ~am Page 1 EXHIBIT 3 Identification of Design Build Team Members J:\General Services\GS Administration\Design Build Agreements\Salt Creek Community Park DB.doc :[ I T i i I I COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE: October 28, 2003 ITEM TITLE: Resolution amending Administration's fiscal year 2004 budget to increase the position of Webmaster from half-time (.5 FTE) with benefits to three-quarter-time (.75 FTE). SUBMITTED BY: Assistant City Manager Palmer-~ 0'~ REVIEWED BY: City Manager~°~ ~ In 2000, the City commissioned an audit of its internal and external communications systems. One of the consultant's pr/mary recommendations was to improve and enhance the City's website. As a result, the website was re-designed and re-launched in October 2002 and a half- time permanent (.5 FTE) Webmaster was hired in November 2002. After a year's experience, it is now recommended that the Webmaster position be increase to three-quarter-time permanent (.75 FTE) due to the work necessary to maintain and enhance the site. RECOMMENDATION: That the City Council adopt the resolution amending Administration's fiscal year 2004 budget to increase the position of Webmaster from half-time with benefits to three-quarter-time. Additional appropriations will not be needed to cover the $12,798 increase in FY04 and the $18,546 increase in FY05 as offsetting expenditure reductions have been identified in Administration's budget. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The City of Chula Vista's official website, www.chulavistaca.~ov, is now an important communication tool for all City departments and vital msoume for the City's residents and visitors. From the website, residents can now access City Council agendas and minutes, online registration for recreation ~;~s~s, ~'?t:!Y ~r a job, u~nderstm~d how t:~ get a patio cover approved, reserve a library book, read a section of the Municipal Code, visit the Shark and Ray Experience via web cam, check out available property for industrial development, as well as discover a thousand and one other applications. Since its re-launch, the site has proven extremely popular with over 83,000 visitors monthly. In mm, those individuals are producing 1.8 million hits and visiting some 169,000 pages every thirty days. This represents a 40% increase in volume since January 2003. Page.2, Item: ~ Meeting Date: 10/28/03 Obviously, the public will only keep using the City's website if it is current and has accurate information. Hence there is a constant need to refine, revise and improve the site. In the past ten months, departments have requested that the Webmaster make almost 7,000 changes to the site. Currently, the Webmaster is able to effectuate 98% of those changes in a timely manner. However, as departments become more information sawy and understand the power of the web, they have started to make more and more requests for changes. The Webmaster will not be able to accommodate all of these requests working only twenty hours per week. Besides keeping the site current, there are also many other web projects thc City would like to accomplish. They include: · Provide even more useful information, such as an interactive capital projects map and current status reports on street projects · Improve documentation of the website, including development of Help Guides, a Trouble Shooting Guide, and Desktop Reference · Improve search engine capabilities · Revise and maintain the City's internal non-public Intranet for use by staff members · Develop and implement more e-government applications such as converting existing pdf forms to online forms · More testing ofwebsite tools and software to take advantage of recent technology Having a viable website was a high priority for Chula Vista residents. With the current limited schedule, it is not possible to accommodate all departmental requests. These projects are only possible if ten hours per week are added to the position. FISCAL IMPACT: Additional appropriations will not be needed to cover the $12,798 increase in FY04 and the $18,546 increase in FY05 as offsetting expenditure reductions have been identified in Administration's budget. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNC1L OF THE CITY OF CHULA VISTA AMENDING ADMINISTRATION'S FISCAL YEAR 2004 BUDGET TO INCREASE THE POSITION OF WEBMASTER FROM HALF-TIME (.5 FTE) WITH BENEFITS TO THREE-QUARTER-TIME (.75 FTE) WHEREAS, in 2000, the City commissioned an audit of its internal and external communications systems; and WHEREAS, one of the primary recommendations was to improve and enhance the City's website; and WHEREAS, as a result, the website was re-designed and re-lannched in October 2002 and a half-time Webmaster was hired in November 2002; and WHEREAS, after a year's experience, it is now recommended that the Webmaster position be increase to three-quarter-time permanent (.75 FTE) due to the work necessary to maintain and enhance the site. NOW, THEREFORE, BE 1T RESOLVED that the City Council of City of Chula Vista does hereby anaend the fiscal year 2004 budget to increase the position of Webmaster from half-time (.5 FTE) with benefits to three-quarter-time (.75 FTE) Presented by: Approved as to form by: David Palmer Assistant City Manager City Attorney J:~ttomey\reso\finance~amend FY 2004 Webmastcr COUNCIL AGENDA STATEMENT Item: [O Meeting Date: 10/28/03 ITEM TITLE: Resolution Amending the FY04 Recreation Department budget by appropriating $4,525 in unanticipated revenues from Community Development Block Grant (CDBG) funds to the Recreation Department for senior services SUBMITTED BY: Buck Martin, Director of Recreation/~..~o('~ff/ REVIEWED BY: City Manager rs ge' 4/Sths Vote: (Yes X No __) The Recreation Department's Senior Information and Referral Services Section was awarded $11,225 in Community Development Block Grant (CDBG) funds for FY2003-04, as part of the South Bay Senior Collaborative, a collaborative comprised of six local agencies. A portion of this funding, or $4,525, represented new funding and was not included in the Council-adopted budget due to the uncertainty of the actual award amount, and the timing of the CDBG awards and allocation of the awarded funds by the Senior Collaborative. These funds need to be appropriated to supplement funding for two senior service programs, Project Care and Door-to- Door Outreach. STAFF RECOMMENDATION: That the Council adopt the resolution amending the FY04 Recreation Department budget by appropriating $4,345 in Personnel Services and $180 Supplies and Services based on unanticipated revenues fi.om Conuuunity Development Block Grant (CDBG) funds. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Recreation Department's Senior Information and Referral Services section has provided "safety net" services for over 20 years to the citizens of Chula Vista. Funding for these services has come primarily fi.om Conununity Development Block Grant (CDBG) funds and the General Fund. The City Council awarded $51,550 to the South Bay Senior Collaborative for FY 2003- 04, $11,225 of which was for the Senior Information and Referral Services section. All but $4,525 of this funding was budgeted in the Recreation Department's budget, and must therefore be appropriated, to provide the services stipulated in the CDBG proposal. The CDBG funds are being utilized to offset part-time staff costs and supplies and service expenses to provide services for the Project Care and Door-to-Door Outreach programs based at Norman Park Center. Project Care includes the "Are You OK?" program, which provides daily phone calls to individuals who wish to be checked on, and the Vial of Life program, which assists seniors and their family members in keeping their medications in order, and providing invaluable information to emergency personnel providing medical attention to seniors. The Page 2, Item: 10 Meeting Date: 10/28/03 Door-to-Door Outreach program connects homebound seniors and disabled individuals to the programs and services provided by all six of the collaborative agencies. The programs and services supported by these grants are services residents have come to expect from the Recreation Department. Collaboration with other agencies has made it possible to provide a full complement of services meeting many of the needs of families with aging parents as well as older adults living in the community. FISCAL IMPACT: There is no net impact to the General Fund. The $4,525 of the new grant funding needs to be appropriated for staffing expenses of $4,345 and supplies and service expenses of $180, with offsetting revenues. C:kecreation\a-113 FY04 Senior Collaborative Appropriation. doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY04 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,525 IN UNANTICIPATED REVENUES FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE RECREATION DEPARTMENT FOR SENIOR SERVICES WHEREAS, the Recreation Department's Senior Information and Referral Service section has provided "safety net" services for over 20 years to the citizens of Chula Vista; and WHEREAS, some of these "safety net" services include providing daily phone calls to individuals who wish to be checked on, assisting seniors and their family members in keeping their medications in order, providing information to emergency personnel aiding seniors, and connecting homebound seniors and disabled individuals to additional programs provided by the South Bay Senior Collaborative; and WHEREAS, funding for these programs and services has come primarily from Community Development Block Grants and the General Fund; and WHEREAS, one collaborative Community Development Block Grant in the amount of $51,550 was awarded to the South Bay Senior Collaborative for Fiscal Year 2003-2004 - $11,225 of which was for the Recreation Department's Senior Information and Referral Services section; and WHEREAS, $4,525 of the $11,225 award was never budgeted in the Recreation Department's budget; and WHEREAS, the Recreation Department wishes to utilize these non-budgeted funds to provide senior services to the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the adopted FY04 Recreation Department budget by appropriating $4,345 in Personnel Services and $180 in Capital Expenditures, based on unanticipated revenues from Community Development Block Grant (CDBG) funds, to the Recreation Department for senior services. Presented by Approved as to form by Buck Martin Ann Moore Director of Recreation City Attorney JSattprmeu~reso~inance\CDBG Recreation Dept Senior Svcs FY04 COUNCIL AGENDA STATEMENT Item: Meeting Date: 10/28/03 ITEM TITLE: Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after-school program hours, amending the FY04 Recreation Department budget by appropriating $3,244 in unanticipated revenue, and authorizing the May~r~xecute said agreement SUBMITTED BY: Recreation Direct~ I~,~/V] REVIEWED BY: City Manage~'~ (4/Sths Vote: Yes X No ) Castle Park Middle School has been awarded a State grant for the provision of additional after- school programming hours. The School has asked the Recreation Department to provide these services, via a Memorandum of Understanding (MOU) for $3,244. These hours are in addition to the existing after-school hours provided by the Department to the School. RECOMMENDATION: That Council adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after-school program hours, amending the FY04 Recreation Department budget by appropriating $3,244 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission has been informed of the Middle School's request for additional programming. DISCUSSION: The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. Collaborative partners in the program include South Bay YMCA and South Bay Community Services, as well as the individual schools. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. The existing core program hours and participating schools are: Castle Park Middle School Monday through Friday, 3:15 - 5:15pm* Rancho Del Rey Middle School Monday through Friday, 3:00- 5:00pm Chula Vista Middle School Monday through Friday, 3:15 - 5:15pm Hilltop Middle School Monday through Friday, 3:20 - 5:20pm *The City provides staff from 4:15 - 6:15pm, per the request of the school. 11 -/ Page 2, Item: /~ I Meeting Date: 10/28/03 Due to the success of the program, the Castle Park Middle School has requested that one additional hour of daily programming be provided by the Department, to be funded from a new State grant. Castle Park Middle School is proposing an MOU with the City for $3,244, to provide staffing for new extended hours from 3:15pm to 4:15pm on Mondays through Fridays during the school year. FISCAL IMPACT: There is no net impact to the General Fund. The FY2003-04 budget for the Recreation Department is proposed to he amended, to appropriate $3,244 for staffing costs associated with the provision of additional program hours for the 2003-04 school year, from November 3, 2003 through Jtme 18, 2004. Castle Park Middle School will reimburse the City for expenses following the submittal of invoices for services rendered. The grant funding for these additional hours is for this school year only. Attachment: "A" - MOU between Castle Park Middle School and the City of Chula Vista 1l-7_. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE MEMORANDUM OF UNDERSTANDiNG BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER- SCHOOL PROGRAM HOURS, AMENDiNG THE FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,244 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Castle Park Middle School has been awarded a State grant for the provision of additional after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding (MOU) for $3,244; and WHEREAS, these hours are in addition to the existing after-school hours provided by the Recreation Department to the School. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the FY04 Recreation Department budget is hereby amended by appropriating $3,244 in unanticipated revenue for personnel services. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin Ann Moore Recreation Director City Attorney L:~RESO~MOU~Castle Park MOU FY04.doc I1- 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 Ann Moore City Attorney Dated: October 22, 2003 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Castle Park Middle School (hereinafter "Middle School") to provide after-school program hours at Castle Park Vista Middle School during the time school is in session between November 3, 2003 and June 18, 2004; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CASTLE PARK MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional after-school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after-school program. 3. Host bi-weekly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after-school program hours. 6. Pay to the City an amount up to $3,244 for the City staff costs to provide the additional after-school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHUI~. VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional after-school program. Activities include sports, crafts, homework help, games, special events, field Page 1 trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional after-school program at Castle Park Middle School, during the days school is in session, from November 3, 2003 through June 18, 2004. Staffing will consist of 150 hours of Recreation Specialist and 150 hours of Recreation Leader for a total of 300 hours at the City's prevailing wages. Additional after-school hours are added for both the Recreation Leader and Recreation Specialist, including one additional hour from 3:15pm to 4:15pm Monday -Friday. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Depa~*[ment Supervisor to oversee and coordinate the additional after-school program, in cooperation with Middle School staff. III. COMPENSATION Castle Park Middle School agrees to pay the City up to $3,244 to support activities provided by the City for the additional after-school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Chula Vista Middle School quarterly beginning January 1, 2004 and thereafter Apdll, and June 18, 2004 payable within 30 days of receipt. IV. TERM/TERMINATION The term of this Agreement shall commence on November 3, 2003, and continue through June 18, 2004, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the Page 2 performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: October 28, 2003 ~ THE CITY OF CHULA VISTA _E SCHOOL Stephen C. Padilla, Mayor ~ ~al Approved as to form by: Ann Moore City Attomey Page 3 //*7 Attachment A City of Chula Vista Recreation Department Staffing For Additional After-school Program At Castle Park Middle School The City shall provide the following staff and hours for the pedod of November 3, 2003 through June 18, 2004, on the days that school is in session, from Monday through Fdday, based on 150 school days: 3:15pm -4:15pm (1.00 hours per day) Recreation Specialist: - 150 hours Recreation Leader- 150 hours TOTAL: 300 hours Page 4 COUNCIL AGENDA STATEMENT Item I~g Meeting Date: 11/4/03 ITEM TITLE: Resolution approving an agreement between the City of Chula Vista and Front Porch Communities and Services, authorizing the Mayor to sign the agreement, and transferring $150,000 in Storm Drain Revenues fi.om the Drainage Basin Construction, East of Second Avenue Project (DR-120) to the CMP Rehabilitation on "D" Street, Fredericka Manor and Twin Oaks Circle Project (DR-163). SUBMITTED BY: Director of Engineering~ REVIEWED BY: City Manage~7~ 9,~ (4/Sths Vote: Yes X No._) BACKGROUND: An agreement between the City of Chula Vista and From Porch Communities and Services ("Front Porch") has been created in order to make repairs to the privately-owned storm drain system on and around their property, Fredericka Manor, east of Third Avenue and "D" Street, in connection with an adjacent proposed storm drain rehabilitation drainage project that lies within the City's easement. On July 21, 2003, Front Porch signed the Agrcemem (see Attachment B). RECOMMENDATION: That City Council adopt the resolution approving the agreement and authorizing the Mayor to sign the agreement; and approving the transfer of $150,000 fi.om the Drainage Basin Construction, East of Second Avenue Project (DR4120), to the CMP Rehabilitation on "D" Street, Fredericka Manor and Twin Oaks Circle Project (DR- 163). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: A private storm drain system currently exists on Fredericka Manor's property- a system that has never been dedicated to the City of Chula Vista. On October 29, 2002, an Informational Memorandum (Attachment A) was sent to the Mayor and City Council describing the condition of Fredericka Manor's drainage system and also the connecting segments that lie within the City's easement. The storm water from nearby Twin Oaks Cimle (a public street) flows through Fredericka Manor's private storm drain system until it reaches the City's right-of-way east of Third Avenue. For this reason, Public Works Operations videotaped both the public and private sections of the storm drain system. The videotapes reveal significant deterioration of all of the existing storm drain pipes, including those owned and maintained by Fredericka Manor. In light of these facts and to avoid future emergencies, the City plans to begin rehabilitation of the public segments of the system now. Staff proposes to begin the design phase immediately, and move to the construction phase by Spring 2004. Fredericka Manor has been informed of the Page 2, Item Meeting Date: 11/4/03 problem and has been offered the option (which they have accepted) to have their segments included in the City's contract. Since the project involves shared private and public facilities, an agreement between the City and Front Porch is required. The agreement has been reviewed by the City Attorney and is now ready for Council approval. In general, the City of Chula Vista agrees to provide the following services: Prepare plats and specifications (Exhibit A); Advertise the project, receive bids, and award and administer the construction contract; Repair and replace existing corrugated metal pipes within the City's right-of-way, as shown in Exhibit A; Perform necessary inspections. Front Pomh shall not be charged for the above services. Front Pomh agrees to: Pay for repairs to the storm drain pipes within the Fredericka Manor property (Exhibit A), at an estimated cost of $103,000. If the lowest construction bid exceeds $159,731, Front Porch agrees to negotiate an increase in their share. Deposit with the City of Chula Vista $103,000 prior to award of the construction contract. Any funds remaining after the completion of the contract shall be returned to Front Porch. Conditionally grant to the City the necessary storm drain easements over a portion of the private storm drain, and a flowage easement (allowing public water to flow through the private drainage system) over the remainder of the private storm drain, as detailed in Exhibits B and C. Front Porch is only conveying a flowage easement over the parts of their storm drain which are in close proximity, or physically under, their buildings. The City will maintain those portions of Fredericka Manor's private storm drain where we are being granted a storm drain easement. However, the City will have no future maintenance responsibility or liability for damage or other problems associated with the sections of the private storm drain system for which we are only being granted a flowage easement. ENVIRONMENTAL IMPACT REPORT A classification exemption review is in progress. The environmental clearance will be obtained prior to awarding of the contract. FISCAL IMPACT The total costs associated with this project - CMP Rehabilitation on "D" Street, Fredericka Manor and Twin Oaks Circle Project (DR-163) - are estimated to be $253,000, including design, Page 3, Item /7 Meeting Date: 11/4/03 construction, contingencies, and staff time. Front Porch's share is $103,000, which will be deposited with the City prior to awarding of the construction contract. The City's share will be $150,000. At the time of award of the project, and after Front Porch Communities and Services has deposited their share of the project cost ($103,000), staff will request that those be appropriated. The required $150,000 for this new unfunded project corresponds with the current availability of $182,328 in Storm Drain Revenue, which has already been appropriated for construction of another drainage project - Drainage Basin Construction, East of Second Avenue (DR-120). Project DR-120 has been delayed until FY2004-05 due to condemnation proceedings. Therefore, staff proposes that $150,000 of the available Storm Drain Revenue appropriation in DR-120 be transferred to DR-163. Sufficient funds for project DR-120 will be newly appropriated from the Storm Drain Revenue Fund during the FY2004-05 budget process. Adoption of this resolution will authorize the transfer of funds. Attachments: A - Informational Memorandum B - Agreement between the City of Chula Vista and Front Porch Communities and Services Exhibit A: Corrugated Metal Pipe Rehabilitation Program Exhibit B: Easement for Drainage Purposes Exhibit C: Flowage Easement C - CIP Summary DR-120 J:IENGINEER ~AgendalDR163-Al I 3CM. doc A-i%ACHMEN'T~ ~__~,_ INFORMATIONAL MEMORANDUM October 29, 2002 File 0500-05-AC To: VIA: FROM: SUBJECT: The Honorable Mayor and City Council Members David D. Rowlands Jr., City Manager John P. Lippitt, Director of Public Works Fredericka Manor Drainage City crews used the City's storm drain camera to videotape the existing storm drains within Fredericka Manor and also the connecting segments both upstream and downstream. The pictures showed some extremely bad sections of Corrugated Metal Pipe (CMP) and one segment of Reinforced Concrete Pipe (RCP) that needed repair. The City has storm drain easements for the segments of pipe that are under "D" Street and between the houses that front on Twin Oaks Circle. Water from Twin Oaks Cimle is carried by the culvert system within Fredericka Manor. We do not have storm drain easements for any of the storm drains within Fredericka Manor. Some of that storm drain runs under a seven story building. That portion is RCP and in relatively good condition (Please see Exhibit A). Other segments run under the ponds that are onsite. Those pipes are CMP and could fail this winter if we get heavy rains. Staff has informed Mr. Scott Staehling, Executive Director of Fredericka Manor, about the problem. The City is in the process of going out to bid on an emergency basis for the segments of pipe for which the City has easements. A letter will be sent to Mr. Staehling offering to include segments within Fredericka Manor in our contract, if paid for by Fredericka Manor. We will offer to provide inspection services at no cost to them. In addition, once the pipes are repaired, we would be willing to accept easements and associated maintenance for all segments of storm drain within Fredericka Manor conveying public water from Twin Oaks Circle, with the exception of the portion that is RCP under their high-rise building and also the segment that parallels the north side of that building. For that portion, we would be willing to accept a flowage easement and clean the pipe as long as we receive a hold harmless agreement relieving the City of any responsibility for pipe repair or damage to their building associated with the pipe. CC: Clifford L. Swanson, Deputy Director of Public Works/City Engineer. Glen Googins, Assistant City Attorney C:\BilI\WINWORD\Info Items to Council 2002\INFORMATIONAL MEMORANDUM FREDERICKA MANOR 102002.doc plea.se return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required A ATTACHMENT ~._..~ l~ecording requested by and (This space for Recorder's use, only) ^ APN(s) C.V. File No. AGREEMENT BY AND BETWEEN THE CITY OF CHULA ViSTA AND FRONT PORCH COMMUNITIES AN.D SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR This Agreement is made and entered into this of ,2003 by and between the City of Chula Vista hereinafter referred to as "City", a municipal corporation, and Front Porch Communities and Services, owner of Fredericka Manor, heremMter referred to as RECITALS WHEREAS, Front Porch Communities and Services is the owner of Fredericka Manor, a eldercare and rental retirement community, located at 183 3rd Ave m Chula Vista; and WHEREAS, .there is private storm drain system on Fredericka Manor's property that was not dedicated to the City of Chula Vista; and WHEREAS, storm water from Twin Oaks Circle (a pubhc street) flows through Fredericka Manor's private storm dram system until it reaches the City's D Street right-of-way; and WHEREAS, the private storm drain system is shown on Exhibit "A"; and WHEREAS, the City videotaped the existing private storm dram system shown on Exhibit "A' which consists of Corrugated Metal Pipes (CMP) north and south of the high rise building and Reinforced Concrete Pipes (RCP) trader and parallel to the north side of the high rise building; and WHEREAS, the video tape reveals serious problems with all of the existing storm dram pipes shown on Exhibit "A"; and WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the storm drain pipes shown on Exhibit "A', in the manner proposed, which are collectively within Ci? streets, within a City easement, and on private property within Fredericka Manor; and WHEREAS, it is necessary to delineate the responsibility of the City and Owner relative to restoration of the drainage system and future maintenance of the system shown on Exhibit "A"; and WHEREAS, City wishes to repair and maintain that portion of the storm dram svstem located within the new drainage easements granted as part of this Agreement; and WHEREAS, Owner understands and agrees to repair and maintain that portion of the storm drain system on its property which is subject to the towage easement granted as part of this Agreement. NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES do agree as follows: Pre-Construction Planning. City will prepare plats and specifications to repair the CMP storm drain pipes shown on Exhibit "A" using a pipe lining system, except for the 24'~ RCP pipe that parallels the high rise building, which will be grouted. Project Award and Administration. City will advertise the project to receive bids, provide inspection, award and administer the contract to repair ad sections of pipe delineated on Exhibit "A'. Owner shah not be charged performing the services mentioned in this Paragraph or Paragraph No. 1. Owner Project Costs. Owner will pay for the repair of the Corrugated Metal Pipe storm drain on and around Fredericka Manor delineated on Exhibit "A' as Pipe Numbers 2, 3, 4, 7 and 8, and the grouting of a portion of Pipe Number 5. As stated m Paragraph 2 ("Project Award and Administration") City, will advertise the project to receive bids and also award the contract. Awarding of the contract shah be performed pursuant to CiW laws relating to public works projects, and the City Council, in their sole discretion, may reject all bids and re-bid the project. Cost for repair shall be based on the unit cost of each linear foot of pipe lined, as specified m the bid that is accepted. Not-a, ithstandmg the foregoing, Owner shah not pay more than $103,000, unless the lowest responsible bid is greater than $159,731 - m which case, City and Owner agree to negotiate an increase in the Owner's maximum payment amount (of $103,000). Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract. Said funds shall be used only to pay the contractor for work performed on Pipe Numbers 2, 3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be returned to Owner within 40 working days of the filing of the Notice of Completion. CV - Fredericka Manor March 2003 Storm Dram Repair Page 2 of 6 City Project Costs. City will pay for the repair of Pipe Numbers 1, 9 and 10, as shown on Exhibit "A". Storm Drain Easements. Owner will grant to the City storm drain easements in a width of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers 2, 3, 4, 7 and 8, in the form attached hereto as Exhibit "B". Flowage Easement. Owner will grant to the City a flowage easement over Pipe Numbers 5 and 6, in the form attached hereto as Exhibit "C', that will allow public water to be contained and flow through said storm drain pipes. As more particularly specified in the flowage easement, City will have no maintenance responsibility for these sections of storm drain and be held harmless for any damage to the pipes or problems associated with said Pipes. 8. Term of Agreement and Areas to be Served. 8.1 Term. This Agreement shall commence on the date this Agreement is executed by City and Owner. 8.2 Areas. The area to be served pursuant to this agreement is located on and around Fredericka Manor as shown on the plat (Exhibit "A'). 8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance costs for repaired facilities on Fredericka Manor, except for: (a) Tributary pipes feeding into Pipe Numbers 2-8; (b) Pipe Number 5 on Exhibit "A" which parallels the north side of the high-rise building; (c) Pipe Number 6 on Exhibit "A' which runs under the hSgh-rise building; and (d) Maintenance or repair of any of the Pipes on Exhibit "A" caused, in whole or in part, by the negligent acts, errors or omissions or willful misconduct of the Owner, its officers, agents, employees, servants, representatives, invifees, tenants or licensees, including but not limited to, pre-mature failure or weakening of the drainage system caused by the dumping of corrosive materials in a tributary pipe. Right of Entry During Construction. After execution of this Agreement and until completion of the project, Owner agrees to grm~t the City, its agencies, contractors, and subcontractors the right of access and entry to its property, for the purpose of repairing and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2- #8). City shall also have the right to clear any or ail storm-generated debris of whatever nature from the storm drain system located on Owner's property. CV - Fredericka Manor March 2003 Storm Drain Repair Page 3 of 6 10. Mutual Indemnification. 11. 12. 10.1 City's Indemnification. City agrees to defend, indemnify and hold harmless the Owner from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising directly or indirectly out of the obligations undertaken in connection with this Agreement which results from the negligent acts, errors or omissions or the willful rrdsconduct of the City, its officers, agents, employees, servants or representatives. 10.2 Owner's Indemnification. Owner agrees to defend, indemnify and hold harmless the City from and against aH claims for damages, liabLiity, cost and expense (including without limitation attorneys fees) arising directly or indirectly out of the obligations undertaken in connection with this Agreement which results from the negligent acts, errors or omissions or the willful misconduct of the Owner, its officers, agents, employees, servants, representatives, invitees, tenants or licensees. 10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section 10.1, the City shah not be liable for any claims, damages, liability, cost and expense (including without limitation attorneys fees) that, in absence of this Agreement, the City would be immune from pursuant to state or federal law. 10.4 Termination of Indenmity Obligations. City and Owner's obligations under Sections 10.1 and 10.2 shall terminate upon completion of construction of the project. Benefit of successors. This Agreement shah be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Properties until released by the mutual consent of the parties. Notices. Unless otherwise provided in this Agreement or by law, any and ail 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 U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A Party may change such address for the purpose of this paragraph by giving written notice of such change to the other Party. Addresses for any such notice shah be: For the Cit~j of ChuIa Vista: Clifford L. Swanson Director of Engineering City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 CV - Fredericka Manor March 2003 Storm Dram Repair Page 4 of 6 For Front Porch Communities and Services: Gary Wheeler, Chief Executive Officer Front Porch Communities and Services 2835 N. Naomi Street, Suite 300 Burbank, California 91504 13. 14. 15. 16. 17. or Executive Director Fredericka Manor 183 Third Avenue Chula Vista, California, 91910 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. Amendments to Agreement. Any modifications of the terms of this Agreement must be made with the mutual consent of all parfies by a subsequent written agreement. 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 ail resolutions or other actions have been taken so as to enable it to enter into this Agreement. Recording. The Parfies hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's office. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [NEXT PAGE IS THE SIGNATURE PAGE] CV - Fredericka Manor March 2003 Storm Drain Repair ,? ,. ~ Page 5 of 6 SIGNATURE PAGE FOR AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF CHULA VISTA a public body, corporate and politic ~IIEST: By: Stephen Padilla, Mayor Susan Bigelow, City Clerk APPROVED AS TO FORM: Ann Y. Moore, City Attorney ~PPR~O ED AS TO FORM: Counsel to Front Porch Co~rI~ties and Services CV - Fredericka Manor March 2003 Storm Dram Repair / ? . / ~/? Page 6 of 6 z 0 Itl N Z ..9oo o~ Ne= .~ -- E~ EXHIBIT Q:\ SDSKPRBJ\ Dr152b\Dr~\Fin~l\Dr152EXH.dwq DRAI. ffV BY: CESAR V. MAGBUHAT DA TE: SHEET 2 I-,30-05 QF 6 SHTS. "A" SHEET #2 03/17/03 11d0~53 AN PST ~ZE: CITY OF CHULA VISTA STORM DRAIN REHABILITATION FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE //DR-152B PREPARED BY: CESAR K MAGBUHAT APPROVED BY: JIM R. HOLMES ~- - - PIPE TO BE RELINED (I~ITNIN CITY R/lC) F772~- - - PIPE TO BE RELINED (WITFIIN FREDERICKA MANOR) EXHIBIT "A" SHEET #3 O:\SDSKPROJ\Dr152b\Dr~w\Fino~\Dr158~EXH.dwq 03/17/03 11Q0:53 AM PST DRAH~AI BY: TITLE:CITY OF CHULA VISTA CESAR V. MAGBUHAT DARE:SHEET .~STORM DRAIN REHABILITATION ~-3o-ozOF 6 SliTS. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ~DR- 152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: JIM R. HOLMES PIPE TO BE RELINED AND GROUTED (WITHIN FREDERICKA ~ANOR} EXHIBIT "A" SHEET #4 O:\SDSKPRBJ\Dr'152b\Dro. w\Fir~o.t\Dr152EXH,dwq 03/17/03 11:10:53 AM PST DRAI~N BY; CESAR V. MAGBUHAT DA TE: SHEET 4 1- 50-0J OF fi SHTS, TCr~m CITY OF CHULA VISTA STORM DRAIN REHABILITATION FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ~DR-152B PREPARED BY; CESAR V. t,~AGBUHAT APPROVED BY: JIl~ R, HOLktE$ PIPE TO BE RELINED AND GROUTED (WITHIN Ft~EDERIC/(A MANOR,) EXHIBIT "A" SHEET #5 O:\SDSKPROJ\Dr152b\Drow\Finot\Dr158EXH.dwq 03/17/03 11d0:53 AM PST DR,~.'N ~: ~ZE, CITY OF CHULA VISTA C£SAR V. MAGBUHAT DATE: SHEET 5 STORM DRAIN REHABILITATION ~-zo-oJOF 6 SliTS, FREDERICKA MANOR(THIRD AV. & "D' ST.) PROJECT FILE //DR-152B PREPARED BY: CESAR ~ MAGBUHAT APPROVED BY: ,.~ R. HOLMES PIPE TO BE RELINED AND GROUTED (WITHIN FREDERICKA MANOR,) EXHIBIT Q~\SDSKPRDJ\Dr 152b\Dr ow\Finol\I)r 152EXH.clwo DRAWN BY: CESAR ~ MAGBUHAT DA TE: SHEET 5 1-,30-0,3 OF 6 SHTS "A" SHEET #5 03/17/03 11,10:53 AH PST rifLE: CITY OF CHULA VISTA STORM DRAIN REHABILITATION FREDERICKA MANOR(1HIRD AV. & "D" ST.) PROJECT FILE ~DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED JIM R. HOL~ES ~- - - PIPE TO BE RELINED (I~ITHIN CITY r'~- - - PiPE TO BE RELINED (~THIN FREDERICKA I~ANOR) EXHIBIT "A' SHEET #6 Q:\SDSKPROJ\Dr]52b\DrowXFinQI\Dr15~EXH.dwQ 03/17/03 11:10:53 AM PST DRAICN BY: CESAR IZ IWAGBUHAT DA rE.. SHEET 6 1-50-05 OF 6 SHTS. n~LE: CITY OF CHULA VISTA STORM DRAIN REHABILITATION FREDERICKA k, IANOR(THIRD AV. & "D" ST.) PROJECT FILE t~¢DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: Jl~ R. HOLIWES Recording Requested by and ]Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No Fee Required. APN(s) This Space for Recorder's Use Only C.V. File No. EASEMENT FOR DRAINAGE PURPOSES EXHIBIT B FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRONT PORCH COMMUNITIES AND SERVICES, hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, an easement and right~of-way, and the right to construct, maintain, operate, replace, remove or enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated in said City of Chula Vista and more particularly described as follows: THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "B-I", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THE EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "B-2" LABELED PAR "A" AND PAR "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any 'contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of privately-owned pipelines shall be prohibited unless written permission is first obtained from the City of Chula Vista. Signed th~ay of ~ ,20 ~.~. Gary Wheeler, Chief Executive Officer, Front Porch Communities and Services (Notary Acknowledgment Required for Each Signature) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~¢.j~,/~~_/~ ss. On (~ ~Da~/~ ~"~:~, before me~ ~' personally appeared ?' Name(s) of Signer(s) ~'personally known to me ~ 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/hedtheir authorized capacity(les), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand and off'~ Signature of Notary Public OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 7Di;scriptiOn °e o.r Type.of,~oActutan. Cehn~d ~~ ~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual [] Corporate O~cer-- Title(s): [] Partner-- ~ Limited [] General [] Attorney in Fact [] Trustee ~ Guardian or Conservator [] Other: Signer Is Representing: Exhibit B 2 Drainage Easement This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: H:~HOMEkENGINEERkLANDDEV~Forms~OfficialkEasements~Easement Drainage.doc Date: EXHIBIT "B-I" LEGAL DESCRIPTION Storm Drain Easements PARCEL "A" That portion of Lot 19 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Dieg6 County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A strip of land 15.00 feet in width, said str/p lying 7.50 feet on each side of the following described center line: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly line thereof, North 71°24'00" East, 291.56 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line, South 40000'07'' East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to a point herein designated as Point "A", said point being the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on the North in said Northerly line of said Lot 19; and on the South in a line bearing North 12°07'42" East. Said parcel of land contains 4,511 sq.ft., or 0.104 acre more or less. PARCEL "B" That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A strip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center line: PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 COMMENCING at said Point "A" as described in Parcel "A" above; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning of a tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said cun,e through a central angle of 46°58'13'' a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South 46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego County August 27, 1946, said point being North 71°22'12" East, 11.88 feet from the Northwesterly comer of said Map No. 2345, said point also being the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on the North in a line beating North 35018'53" East, and on the South in said Northerly line of said Map No. 2345. Said parcel of land contains 2,379 sq.ft., or 0.055 acre more or less. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act this March 13, 2003. Signed Mary M. 3[costa, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 I656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 J EXHIBIT "B- 2' "D" ST_REET ~ 32~ 58') O.B. PAR."A" DO 'O 7"E 18. 69' "A" AREA = 4,511 sq. ft O. 104 ocre LOT 19 SCAL~' ~'~ N12'O7'42"E g8. 42' . LOT 22 ?.a~ P~. NJ578'5J[E AREA = 2, J79 serf ~ ~ ~ 055 ocre LOT ~ STORM DRAIN EASEMENT ACQUIRED · ~ C,/L FLOWAGE EASEMENT ACQUIRED ( ) = RECORD DA?A PER P.M. lOS C/L = CEN1ERL/NE P. O. C. = POINT OF' COMMENCEMENT 7i.P.O.B. = 7tgUE POINT OF BEO/NN/NG APN 566-240-27 L://1656/013/1656-Esmt--SD.dwg PCG#1-656-013 ~f p~ DTLE ~.~m.~.o~ CITY OF CHULA VISTA ""'"~"""~'~'~'-~ STORM DRAIN EASEMENT DRAH~! BY: mmo DA TE: OJ/lJ/OJ L = J2. 79 ' i PF-#___ PREPARED BY: mmo APPROi~-D BY: SHEET I OF I SHEET Recording requested by and please return to: CiD' Clerk Ci~' of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required ^ (This space for Recorder's use, only) APN(s) C.V. File No. FLOWAGE EASEMENT EXHIBIT C FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Front Porch Commu_rfities and Services hereby grant(s) to the CITY OF CHULA VISTA (hereinafter "City"), a municipal corporation, in the County of San Diego, State of California, an easement and right of way for the free and unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described land and more particularly described as follows: THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "C-l", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "C-2" LABELED "FLOWAGE EASEMENT" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. This Easement shall be subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. After the effective date of this Easement, Grantor and its successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any structure, building, utilities, fence, material, device, thing, matter, or plant that could impede the flow of, or reduce the maximum flow rate of, water through the Easement Area, without the prior written approval of the City Engineer. The Grantor shall, upon receipt of written notice from the City remove cited obstructions which prevent or may prevent proper flowage of water under or across the Easement Area. 2. MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep and preserve the Easement Area, including the private storm drain system in good repair and condition at all times, and shall remove all dead trees, shrubs, brush and trash which might obstruct or impede the flow of water. The City shall incur no expense nor have any obligation of may kind whatsoever in connection with maintenance of the Easement Area, including but not limited to the drainage system residing thereon, and Grantor expressly waives the benefits EXHIBIT of any federal, state or local law now or hereafter in effect which would otherwise afford Grantor the right to make repairs at the City's expense or force the City to repair, replace or maintain the private drainage system within the Easement Areas. 3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City Engineer. 4. INDEMNIFICATION. Grantor shall indemnify, defend and hold harmless the CID', its elected and appointed officers and employees, from and against ail claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out the City's use of this Easement, except where said liability arises out of the sole negligence or sole willful misconduct of the City. Grantor hereby assumes all risk of damage to property or injury to persons in or about the Easement from any cause, and Grantor hereby waives all claims in respect thereof against City, excepting where said damage arises out of the sole negligence or sole willful misconduct of the City. 5. RIGHT OF ACCESS. The City, its officers, agents and employees and any contractor engaged by City, and its agents and employees, shall have the right of access to the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area that is impeding adequate and proper flowage of water over, under, upon and across Grantor's property. The City, its officers, agents and employees and any contractor, its agents and employees engaged by City shall also have the right to deposit tools, implements and other materials on the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area. 6. EASEMENT RUNS WITH LAND. This Easement shall be perpetual, permanent and runs ~xdth the land and shall be binding on Grantor and on Grantor's successors and assigns. By: Gary ee er, hief Executive Officer Front Porch Communities and Services (Notary Acknowledgment required for each signatory.} T~is is to certif~ that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: SUSAN BIGELOW, CITY CLERK Date: CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California '~ County of ~,~//~/~..~,, ,~ ss. On~////.,¢' ~//,~ ~ ,beforeme,~~ ~, ~M personally appeared ~~ ~~ ~ proved to me on the basis of satisfacto~ 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LtWITNESS my hand and offlcicL,seal. Signature of Notary Public OPTIONAL Though the information be/ow is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and realtachment of this form to another document. Description of Attache/~u/~me~n_t/.,/ ,~/ ~g:L~_.,/?/,/~.~.~' &,,~/' ~__ Title or Type of Document: Document Date: '7' ~ · ~ Number of Pages:__ Signer(s) Other Than Named Above: Capacity(/es) Claimed by Signer Signer's Name: [~ Individual [] Corporate Officer-- Title(s): [~ Partner-- ~ Limited ~ General _~ Attorney in Fact [] Trustee [] Guardian or Conservator [~ Other: Top Ol thumb here Signer Is Representing:_ EXHIBIT "C-1" LEGAL DESCRIPTION Flowage Easement That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly line thereof, North 71024'00'' East, 291.56 feet; thence leaving said Northerly line, South 40000'07'' East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to the TRUE POINT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning ora tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 46°58'13" a distance of 32.79 feet; thence South 63017'54'' East, 39.66 feet to the POINT OF TERMINUS. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act this March 13, 2003. Signed Mary M. Acosta, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 12 r 2'/ EXHIBIT "C-2" · _ '* "D" ._S,.TREET ~ ..291.56 ~ ~'--T.'~0.8 P,,4~."A= -- '- ~CA~' '~ 100' ~1 ~. LOT d9 ~ ,~., < ~%~ ~ ' /~p.o.~ ~ow~ o -0v' ~Z~~2"~ ~ · , ~. ~ ~ ) % ~- ~ ~r' ~ LOT 22 ~ N35 78 '53 "E ~ ' LOT ~ ~ O' ' 12 C~ ~OWAGE EASEMENT ACQUIRED ,~ C/L = CEN~PL/NE ~P.O.B. = ~UE POINT OF BEGINNING APN 566-240-27 ~0 ~:/l~SlO~Zl~s-~.~-so.~.~ ~c~-s~s-o~ PF-9___ ~ ~~ D~E DRA~ B~' mmo ~~ CITY OF CHULA VISTA ----~~= STORM DRAIN EASEMENT PREPAREO '~~~" ~D~KA ~ ~ AV ~ ~' ST) EXHIBIT "A" SHEET #2 Q:\SDSKPROJ\Dr152b\Dr~\FinoI\Dr152EXH.clwo 03/17/03 11d0:53 AM PST DR,~ B×' ~ZE: CITY OF CHULA VISTA CESAR V. MAGBUHAT DALE: SHEET 2 STORM DRAIN REHABILITATION x-zo-o~ OF 6 SHTS. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ~DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: JIM R. HOLMES ~- - - PIPE TO BE RELINED (WITHIN CITY R/lC) ~- - - PIPE TO BE RELINED (WITHIN FREDERICKA IdANOR) EXHIBIT "A" SHEET ~:\SDSKPROJ\I)r152b\Drow\FinoI\Dr152EXHdw~a 03/17/03 11Q0~53 AM PST DRAI'I~I BY: CESAR V. ~AGBUHAT DATE: SHEEr J 1-JO-OJ OF 6 SHTS. CITY OF CHULA VISTA STORM DRAIN REHABILITATION FREDERICKA MANOR(ll-IIRD AV~ & "D" ST.) PROJECT FILE t?DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: JIM t7. HOLIdES F~- - - PIPE TO BE RELINED AND GROUTED (I¢IDClN FREDERIOKA MANOR) EXHIBIT "A' SHEET #4 Q~\SDSKPRFIJ\Dr152b\Dr~w\FinaL\Dr152EXH.oIwQ 03/17/03 11d0~53 AM PST DR~.~v Br.. T~E.. CITY OF CHULA VISTA CESAR V. MAGBUHAT DATE: SHEET 4 STORM DRAIN REHABILITATION 1-...z0-05 OF 6 SHTS.. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ,CDR- 152B PREPARED BY: CESAR V, MAGBUHA T APPROVED BY: JIM R. HOLMES PIPE TO BE RELINED AND GROUTED (lC/THIN FREDERICKA MANOR,) EXHIBIT "A" SHEET #5 Q:\SDSKPRBJ\DrI52b\Dro~\FiDo(\Dr152EXH.dwQ 03/17/03 11d0~53 AM PST DRA~ Br.- D~E.' CITY OF CHULA VISTA CESAR V. MAGBUHAT DATE: SHEET 5 STORM DRAIN REHABILITATION ¢-5o-o,~ OF 6 SHTS. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ,,fDR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: JIM R. HOLMES I~- - - PIPE TO BE RELINED (~'ITHIN CITY R/W) PIPE TO BE RELINED (t'FITHIN FREDERICKA MANOR) EXHIBIT "A" SHEET #6 O:\SDSKPRDJ\]~rl5~b\Dr~w\Final\])rl5~EXH. dwq 03/17/03 11Q0:53 AM PST DRA~ BX' ~E:CITY OF CHULA VISTA ~SAR ~ ~A~BUHAT DA~' ~EET 6 STORM D~A]N ~HA~]L]TA~]ON 1-~0-05 OF 6 SHT~ FR~DER]CKA ~ANOR(TH]RD AV. ~ "D" ST.) PROJECT FILE tTDR-I$2B PREPARED BY; CESAR V. ~AOBUHAT APPROVED BY: Jl,~ R. HOLliES Z m ~'F, -8° 8.~ please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. ]Vo fee required Recording requested by and ^ (This space for Recorder's use, only) APN(s) C.V. File No. AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNiTIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR This Agreement is made and entered into this of , 2003 by and bePa,een the City of Chula Vista hereinafter referred to as "City", a municipal corporation, and Front Porch Communities and Services, owner of Fredericka Manor, hereinafter referred to as "O~mer". RECITALS WHEREAS, Front Porch Communities and Services is the owner of Fredericka Manor, a eldercare and rental retirement commtmity, located at 183 3rd Ave in Chula Vista; and WHEREAS, there is private storm drain system on Fredericka Manor's property that was not dedicated to the City of Chula Vista; and WHEREAS, storm water from Twin Oaks Circle (a pubhc street) flows through Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way; and WHEREAS, the private storm drain system is shown on Exhibit "A'; and WHEREAS, the City videotaped the existing private storm drain system shown on Exhibit "A" which consists of Corrugated Metal Pipes (CMP) north and south of the high rise building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the high rise building; and WHEREAS, the video tape reveals serious problems with all of the existing storm dram pipes shown on Exhibit "A"; and WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the storm dram pipes shown on Exhibit "A", in the manner proposed, which are collectively within City streets within a City easement, and on private properS, within Fredericka Manor; and WHEREAS, it is necessary to delineate the responsibility of the City and Owner relative to restorahon of the drainage system and future maintenance of the system shown on Exhibit "A'; and WHEREAS, City wishes to repair and maintain that portion of the storm drain system located within the new drainage easements granted as part of this Agreement; and WHEREAS, Owner understands and agrees to repair and maintain that portion of the storm drain system on its property which is subject to the towage easement granted as part of this Agreement. NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES do agree as follows: Pre-Construction Planning. City will prepare plats and specifications to repair the CMP storm drain pipes shown on Exhibit "A' using a pipe lining system, except for the 24" RCP pipe that parallels the high rise building, which will be grouted. Project Award and Administration. City will advertise the project to receive bids, provide inspection, award and administer the contract to repair a~ sections of pipe delineated on Exhibit "A'. Owner shall not be charged performing the services mentioned in this Paragraph or Paragraph No. 1. Owner Project Costs. Owner will pay for the repair of the Corrugated Metal Pipe storm drain on and around Fredericka Manor delineated on Exhibit "A" as Pipe Numbers 2, 3, 4, 7 and 8, and the grouting of a portion of Pipe Number 5. As stated in Paragraph 2 ("Project Award and Administration") City will advertise the project to receive bids and also award the contract. Awarding of the contract shall be performed pursuant to City laws relating to public works projects, and the City Council, in their sole discretion, may reject all bids and re-bid the project. Cost for repair shall be based on the unit cost of each linear foot of pipe lined, as specified in the bid that is accepted. Notwithstanding the foregoing, C~mer shall not pay more than $103,000, unless the lowest responsible bid is greater than $159,731 - in which case, City and Owner agree to negotiate an increase in the Owner's maximum payment amount (of $103,000). Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract. Said funds shall be used only to pay the contractor for work performed on Pipe Numbers 2, 3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be returned to Owner within 40 working days of the filing of the Notice of Completion. CV - Fredericka Manor March 2003 Storm Drain Repair Page 2 of 6 City Project Costs. City will pay for the repair of Pipe Numbers 1, 9 and 10, as shown on Exhibit "A". Storm Drain Easements. Owner will grant to the City storm drain easements in a width of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers 2, 3, 4, 7 and 8, in the form attached hereto as Exhibit "B'. Flowage Easement. Owner wili grant to the City a flowage easement over Pipe Numbers 5 and 6, in the form attached hereto as Exhibit "C', thai will allow public water to be contained and flow through said storm drain pipes. As more particularly specified in the towage easement, City will have no maintenance responsibility for these sections of storm drain and be held harmless for any damage to the pipes or problems associated with said Pipes. 8. Term of Agreement and Areas to be Served. 8.1 Term. This Agreement shall commence on the date this Agreement is executed by City and Owner. 8.2 Areas. The area to be served pursuant to this agreement is located on and around Fredericka Manor as shown on the plat (Exhibit "A'). 8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance costs for repaired facilities on Fredericka Manor, except for: (a) Tributary pipes feeding into Pipe Numbers 2-8; (b) Pipe Number 5 on Exhibit "A' which parallels the north side of the high-rise building; (c) Pipe Number 6 on Exhibit "A" which runs under the high-rise building; and (d) Maintenance or repair of any of the Pipes on Exhibit "A' caused, in whole or in part, by the negligent acts, errors or omissions or wiltful misconduct of the Owner, its officers, agents, employees, servants, representatives, invitees, tenants or licensees, including but not limited to, pre-mature failure or weakening of the drainage system caused by the dumping of corrosive materials in a tributary pipe. Right of Entry During Construction. After execution of this Agreement and until completion of the project, Owner agrees to grant the City, its agencies, contractors, and subcontractors the right of access and entry to its property, for the purpose of repairing and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2- #8). City shall also have the right to clear any or all storm-generated debris of whatever nature from the storm drain system located on Owner's property. CV - Fredericka Manor March 2003 Storm Drain Repair Page 3 of 6 10. Mutual Indemnification. 11. 12. 10.1 City's Indemnification. City agrees to defend, indemnify and hold harmless the Owner from and against ali claims for damages, liability, cost and expense (including without limitation attorneys fees) arising directly or indirectly out of the obligations undertaken in connection with this Agreement which results from fire negligent acts, errors or omissions or the willful misconduct of the City, its officers, agents, employees, servants or representatives. 10.2 Owner's Indemnification. Owner agrees to defend, indemnify and hold harmless the City from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising directly or indirectly out of the obligations undertaken in connection with this Agreement which results from the negligent acts, errors or omissions or the willful misconduct of the Owner, its officers, agents, employees, servants, representatives, invitees, tenants or licensees. 10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section 10.1, the City shall not be liable for any claims, damages, liability, cost and expense (including without limitation attorneys fees) that, in absence of this Agreement, the City would be immune from pursuant to state or federal law. 10.4 Termination of Indemnity Obligations. City and Owner's obligations under Sections 10.1 and 10.2 shall terminate upon completion of construction of the project. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Properties until released by the mutual consent of the parties. Notices. Unless otherwise 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 shah 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 U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the addiess indicated in this Agreement. A Party may change such address for the purpose of this paragraph by giving written notice of such change to the other Part),. Addresses for any such notice shall be: For the City of ChuIa Vista: Clifford L. Swanson Director of Engineering City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 CV - Fredericka Manor March 2003 Storm Drain Repair Page 4 of 6 For Front Porch Communities and Services: Gary Wheeler, Chief Executive Officer Front Forch Communities and Services 2835 N. Naomi Street, Suite 300 Burbank, CaJXfomia 91504 13. 14. 15. 16. 17. OT Executive Director Fredericka Manor 183 Third Avenue Chula Vista, California, 91910 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. Amendments to Agreement. Any modifications of the terms of this Agreement must be made with the mutual consent of all parties by a subsequent written agreement. 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. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's office. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the Cit3, of Chula Vista. [NEXT PAGE IS THE SIGNATURE PAGE] CV - Fredericka Manor March 2003 Storm Drain Repair 1/~'? ~ ~3~ Page 5 of 6 SIGNATURE PAGE FOR AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF CHULA VISTA a public body, corporate and politic ATTEST: By: Stephen Padilla, Mayor Susan Bigelow, City Clerk APPROVED AS TO FORM: Arm Y. Moore, City Attorney .'o'tfiYsel to Front l-orcn t-~unities and Services Fr~orch Communities and Services ~y~he~e r, ChiefE~ecutive Officer CV - Fredericka Manor March 2003 Storm Drain Repair Page 6 of 6 Recording requested by and please return to: Cio' Clerk Ci~' of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required ^ (This space for Recorder's use, only} A APN(s) C.V. File No. FLOWAGE EASEMENT EXHIBIT C FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Front Porch Cormmunities and Services hereby grant(s) to the CITY OF CHULA VISTA (hereinafter "City"), a municipal corporation, in the County of San Diego, State of California, an easement and right of way for the free and unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described land and more particularly described as follows: THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "C-I", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "C-2" LABELED ~FLOWAOE EASEMENT*' ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. This Easement shall be subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. After the effective date of this Easement, Grantor and its successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any structure, building, utilities,.fence, material, device, thing, matter, or plant that could impede the flow of, or reduce the maximum flow rate of, water through the Easement Area, without the prior written approval of the City Engineer. The Grantor shall, upon receipt of written notice from the City remove cited obstructions which prevent or may prevent proper flowage of water under or across the Easement Area. 2. MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep and preserve the Easement Area, including the private storm drain system in good repair and condition at ail times, and shall remove all dead trees, shrubs, brush and trash which might obstruct or impede the flow of water. The City shall incur no expense nor have any obhgation of any kind whatsoever in connection with maintenance of the Easement Area, including but not limited to the drainage system residing thereon, and Grantor expressly waives the benefits EXHIBIT C 2 of an)' federal, state or local law now or hereafter in effect which xvould otherwise afford Grantor the right to make repairs at the City's expense or force the City to repair, replace or maintain the private drainage system within the Easement Areas. 3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City Engineer. 4. INDEMNIFICATION. Grantor shall indemnify, defend and hold harmless the City, irs elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out the City's use of this Easement, except where said liability arises out of the sole negligence or sole willful misconduct of the City. Grantor hereby assumes all risk of damage to property or injury to persons in or about the Easement from any cause, and Grantor hereby waives all claims in respect thereof against City, excepting where said damage arises out of the sole negligence or sole willful misconduct of the City. 5. RIGHT OF ACCESS. The City, its officers, agents and employees and any contractor engaged by City, and its agents and employees, shall have the right of access to the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area and have ail rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area that is impeding adequate and proper flowage of xvater over, under, upon and across Grantor's property. The CID', its officers, agents and employees and any contractor, its agents and employees engaged by City shall also have the right to deposit tools, implements and other materials on the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area. 6. EASEMENT RUNS WITH LAND. This Easement shall be perpetual, permanent and runs with the land and shall be binding on Grantor and on Grantor's successors and assigns. Signedthis t~ dayof~/~ ,2003 By: ~he~er, Chief Executive Officer Front Porch Communities and Services (Notary Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by J~esolution No. 15645 of said Council adopted on Jane 5, J 990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: SUSAN BIGELOW, CITY CLERK Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _l,~pe~::~(n~)aii~i~"~r~)wn to me ~; proved to me on the basis of satisfactory evidence Los A~gebs coun.~. [ 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 the entity upon behalf of which the person(s) acted, executed the instrument. ~/~l~d ~q~d official,~?. Signature of Notary Poblic OPTIONAL Though the infarrnation beJow is not required by/aw, it may prove v~/uab/e to persons relying on the document and could prevent fraudulent removal and reat~achment of this form to another document. Description of Attached D~3~ument . Title or Type of Document: ':~/"'"/~:r~c~,,, ~'~,~'.(~---~ ~',/~1~,/~ ~' Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual ~ Corporate Officer -- Title(s): ~ Partner-- ~_ Limited [] General ~ Attorney in Fact ~ Trustee ~ Guardian or Conservator [] Other: To~ of thumb here I Signer is Representing: EXHIBIT "C-1" LEGAL DESCRIPTION Flowage Easement That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: COMMENCING at the Nortt~westerly comer of said Lot 19; thence along the Northerly line thereof, North 71024'00" East, 291.56 feet; thence leaving said Northerly line, South 40°00'07'' East, 18.69 feet; thence South 48001'46'' East, 282.02 feet to the TRUE POINT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning of a tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 46°58'13'' a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the POINT OF TERMINUS. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act this March 13, 2003. Signed Mary M. Acosta, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc L 05/20/03 / / 40' 40' 1 EXHIBIT "0-2" _ Y _ 'D' ST_REET '% {N77'24'OO"E ~323.58') ~ '00 '0 7 LOT lB '(3 NIP~D7'42"E 17.29' 1 22 K~.O.B. PAR. '27' N3578'53'£ LOT 27 , LE~IEND ~ STORM DRAIN EASEMENT ACQUIRED -- · C/IL F~OWAGE EASEMENT ACQUIRED ( ) = RECORD DATA PER P.~ 109 C/L = CENTERLINE P.O.C.= PO/MT OF COMMENCEMENT ~P.O.B. = TRUE PO/NT OF BE~/iVA///V~ APN 5~8-2~0-27 1' //1656/013/1656--£smt-SD.dwg PCGi¢1-656-015 CITY OF OHULA VISTA STORM DRAIN EASEMENT *'="""~"'"~'"-~""'~'~ FREDERICKA MANOR (TI. IR:) AV & "D' ST) \Projects~1600s¥656~O13~1656-Esmt=SDdwq, 05/20/2003 09:48:39 AM, WEST.pc3 SCALE: 1"--100' e, sr e r ~8. 42' ) ' )1"E .~ 11.88' L =32. 79 'i ~_. >S8377'54 "E ~ O' ' DRAH~I BY: mrna DATE: 05/20/03 PREPARED BY: mrna APPROVED 0~' mmo SHEET I OF I SHEET PF-#___ Recording Requested by and ~ tV[ease Return to: ' ~ City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits CiO' Only. No Fee Required. APN(s) This Space for Recorder's Use Only C.V. File No. EASEMENT FOR DRAINAGE PURPOSES EXHIBIT B FOR A VALUABLE CONSDERATION, receipt of which is hereby acknowledged, FRONT PORCH COMMUNITIES AND SERVICES, hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, an easement and right-of-way, and the right to construct, maintain, operate, replace, remove or enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated in said City of Chula Vista and more particularly described as follows: THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "B-I", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THE EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "B-2" LABELED PAR "A' AND PAR "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any Lontractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of privately-owned pipelines shall be prohibited unless written permission is first obtained from the City of Chula Vista. Signed thi~ay of ~ ,200.~. hief Executive Officer, Front Porch Communities and Services (Notary Acknowledgment Required for Each Signature) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of"'~/~/~~ personally appeared ,before me, ,~./~/'~...¢'~.~ '~'~. ~ ~ proved to me on the basis of satisfactoW evidence ]_ _"?M_ ?"_ [ 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 the entity upon behalf of which the person(s) acted, executed the instrument. Y.~?ITNESS my hand_and officj.al seal. Signature of Notary Public OPTIONAL Though the information be/ow is not required by/aw, il may prove valuable to persons relying on tha docurnenl and could prevent fraudulent removal and reattachment of this form to another documenL Description of Attache~-~y.c~u ~m.e~nt ._~. ~'~. ~.~,~,~f. Title or Type of Document: f~""~ 3,E' 2' ~ -~¢' 2 z¢ .~.~ ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual ~ Corporate Officer-- Title(s): ~ Partner-- ~_ Limited [] General ~ Attorney in Fact [] Trustee [] Guardian or Conservator ~ Other: Signer Is Representing: Exhibit B 2 Drainage Easement This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authorio~ conferred by Resolution No. 15645 of said Council adopted on dune 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized of. ricer. SUSAN BIGELOW, CITY CLERK By: H:~-IOMELENGINEER\LANDDEV~Forms-O fficiaEEasementsLEasement Drainage.doc Date: EXHIBIT "B-1" LEGAL DESCRIPTION Storm Drain Easements PARCEL "A" That portion of Lot 19 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March I3, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A strip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center line: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly tine thereof, North 71024'00'' East, 291.56 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line, South 40°00'07" East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to a point herein designated as Point "A", said point being the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on the North in said Northerly line of said Lot 19; m~d on the South in a line bearing North 12°07'42" East. Said parcel of land contains 4,511 sq.ft., or 0.104 acre more or less. PARCEL "B" That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows; A strip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center line: PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 COMMENCING at said Point "A" as described in Parcel "A" above; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41'' East, 159.41 feet to the beginning of a tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 46°58'13'' a distance of 32.79 feet; thence South 63017'54'' East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South 46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego County August 27, 1946, said point being North 71°22'12" East, 11.88 feet from the Northwesterly corner of said Map No. 2345, said point also being the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on the North in a line bearing North 35018'53" East, and on the South in said Northerly line of said Map No. 2345. Said parcel of land contains 2,379 sq.ft., or 0.055 acre more or less. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act this March 13, 2003. Signed ~(~'~ Mary M. ~costa, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 EXHIBIT "B- 2 " 'D" ST_REET LOT Jg 4,511 sq. ft ~ O. 104 Dore SCALE.. 1"--100' 38.42' 1Z29' '07'42 "~ LOT LOT 22 K,°.O.~ PAR. "B" N3578 '53 ~,£ [ 15. 17' PAR. "B' .,'~/?EA = 2,~7~ sq' ft O. 055 ~cre ~7~ 27 ~ STORM DRAIN EASEMENT ACQUIRED · .. C/~ FLOWAOE EASEMENT ACQUIRED ( ) = RECORD DATA PER P.M. C/II_ '= CENTERLINE P. O. C. = POINT OF COMMENCEMENT T.P.O.B. = TRUE POINT OF BEGINNING APN 566-240-27 L://1656/015/1656--Esmt--SD.dwg PCG~l-656-013 m CITY OF CHULA VISTA STORM DRAIN EASEMENT FREDERI~A MANOR ~D AV & ~" \Proiects\1600s\1656~01.]~16~6-F~mt-~Ddwn N~/?N/?C)N~; Nq.4q-&R AM WF-~Tnc3 L=32. ) SG3 7 7'54 "E 39.66' PF-#___ DRAH¢t BY: mind DATE' 05/15/05 PREPARED BY: mmo APPROt~-D BY: SHEET I OF I SHEET ATTACHMENt- ~ RESOLUTION NO. 2003- RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT, AND TRANSFERRING $150,000 IN STORM DRAIN REVENUES FROM THE DRAINAGE BASIN CONSTRUCTION, EAST OF SECOND AVENUE PROJECT (DR-120) TO THE CMP REHABILITATION ON "D" STREET, FREDERICKA MANOR AND TWIN OAKS CIRCLE PROJECT (DR-163). WHEREAS, there is private storm drain system on Fredericka Manor's property that was not dedicated to the City of Chula Vista ("City"); and WHEREAS, storm water from Twin Oaks Circle (a public street) flows through Fredericka Manor's private storm drain system until it reaches the City's D Street fight-of-way; and WHEREAS, the City videotaped the existing private storm drain system which consists of Corrugated Metal Pipes (CMP) north and south of Fredericka Manor's high-rise building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the same building; and WHEREAS, the video tape revealed serious problems with almost all of the existing storm drain pipes; and WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the storm drain pipes, in the manner proposed, which are collectively within City streets, within a City easement, and on private property within Fredericka Manor; and WHEREAS, to effectuate this objective an Agreement between the City of Chula Vista and Front Porch Communities and Services ("Front Porch") was drafted to allow repairs to be made to Fredericka Manor's privately-owned storm drain system; and WHEREAS, in the Agreement it was necessary to delineate the responsibility of the City and Front Porch relative to restoration of the drainage system and future maintenance of the system; and WHEREAS, the City wishes to repair and maintain that portion of the storm drain system where the City is being granted a storm drain easement pursuant to the Agreement; and WHEREAS, the owner of Fredericka Manor will have responsibility and liability for drainage or other problems associated with its private storm drain system, including that area where the City has been granted a flowage easement; and WHEREAS, $150,000 is needed to fund construction of this project; and WHEREAS, $182,328 in Storm Drain Revenue, which has been appropriated for construction of the East of Second Avenue Drainage Basin (DR-120), is currently available because that project has been delayed until Fiscal Year 2005 due to ongoing condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves an Agreement with Front Porch Communities and Services to repair storm drain pipes on and around Fredericka Manor and authorizes the Mayor to sign said Agreement. BE IT FURTHER RESOLVED that $150,000 in Storm Drain Revenues from the Drainage Basin Construction, east of Second Avenue Project (DR-120) shall be transferred to the CMP Rehabilitation on "D" Street, Fredericka Manor and Twin Oaks Circle Project (DR-163). Presented by Approved as to form by Clifford Swanson Director of Engineering Ann Moore City Attorney J:~ttorney~Reso~agreements\Front Porch Communities storm drain rev 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 Ann Moore City Attorney Dated: 004 ~q, Agreement between the City of Chula vista and Front Porch Communities and Services for the repair of Storm Drain Pipes on and around Fredericka Manorf ATTACHMENT INFORMATIONAL MEMORANDUM October 29, 2002 File 0500-05-AC To: VIA: FROM: SUBJECT: The Honorable Mayor and City Council Members David D. Rowlands Jr., City Manager John P. Lippitt, Director of Public Works Fredericka Manor Dra'mage City crews used the City's storm dram camera to videotape the existing storm drains within Fredericka Manor and also the connecting segments both upstream and downstream. The pictures showed some extremely bad sections of Corrugated Metal Pipe (CMP) and one segment of Reinforced Concrete Pipe (RCP) that needed repair. The City has storm drain easements for the segments of pipe that are under "D" Street and between the houses that fi'ont on Twin Oaks Cimle. Water from Twin Oaks Cimle is carried by the culvert system within Fredericka Manor. We do not have storm drain easements for any of the storm drains within Fredericka Manor. Some of that storm drain nms under a seven story building. That portion is RCP and in relatively good condition (Please see Exhibit A). Other segments run under the ponds that arexnSs/te. Those pipes are CMP and could f~il this w~nter ~f we get heavy rains. Staff has informed Mr. Scott Staehling~- Executive Director of Fredericka Man0~ ab0~<'{he problem. The City is in the process of going out to bid on an emergency basis for the segments of pipe for which the City has easements. A letter will be sent to Mr. Staehling offering to include segments within Fredeficka Manor in our contract, if paid for by Fredeficka Manor. We will offer to provide inspection services at no cost to them. In addition, once the pipes are repaired, we would be willing to accept easements and associated maintenance for all segments of storm drain within Frederieka Manor conveying public water from Twin Oaks Circle, with the exception of the portion that is RCP under their high-rise building and also the segment that parallels the north side of that building. For that portion, we would be willing to accept a flowage easement and clean the pipe as long as we receive a hold harmless agreement relieving the City of any responsibility for pipe repair or damage to their building associated with the pipe. CC: Clifford L. Swanson, Deputy Director of Public Works/City Engineer. Glen Googins, Assistant City Attorney CSBilI\WINWORDLInfo Items to Council 2002\INFORMATIONAL MEMORANDUM FREDER~CKA MANOR 102002.doc please retumto: City Clerk Ci~' of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 ~ ir~trumerd benefits Cit~, only. No fee required ATTACHMEN'~ ~'~ ;?ecording requested by and ^ (This space for Recorder's use only) ^ APN(s) C.V. File No. AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNrrIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR This AgTeement is made and entered into this of , 2003 by and bet~'een the City of Chula Vista hereinafter referred to as "City", a municipal corporation, and Front Porch Communities and Services, owner of Fredericka Manor, hereinafter referred to as - RECITALS WHEREAS, Front Porch Communities and Services is the owner of Fredericka Manor, a eldercare and rental retirement commurdUS, located at 183 3rd Ave in Chula Vista; and WHEREAS, .there is private storm drain system on Fredericka Manor's property that was not dedicated to the City of Chula Vista; and WHEREAS, storm water from Twin Oaks Circle (a public street) flows through Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way; and WHEREAS, the private storm drain system is shown on Exhibit "A"; and WHEREAS, the City videotaped the existing private storm drain system shown on Exhibit "A' which consists of Corrugated Metal Pipes (CMP) north and south of the high rise building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the high rise building; and WHERE_AS, the video tape reveals serious problems with all of the existing storm, dram pipes shown on Exhibit "A"; and WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the storm drain pipes shown on Exhibit "A', in the manner proposed, which are collectively Within City streets, within a City easement, and on private property within Fredericka Manor; and WHEREAS, it is necessary to delineate the responsibility of the City and Owner relative to restoration of the drainage system and future maintenance of the system sho~-n on Exhibit "A'; and WHEREAS, City wishes to repair and maintain that portion of the storm drain system located within the new drainage easements granted as part of this Agreement; and WHEREAS, Owner understands and agrees to repair and maintain that portion of the storm drain system on its property which is subject to the towage easement ~anted as part of this Agreement. NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES do agree as follows: Pre-Construction Planning. City will prepare plats and specifications to repair the CMP storm drain pipes shown on Exhibit "A' using a pipe lining system, except for the 24" RCP pipe that para/leis the high rise building, which will be grouted. Project Award and Administration. City will advertise the project to receive bids, provide inspection, award and administer the contract to repair ali sections of pipe delineated on Exh/bit "A'. O~,ner shall not be charged performing the services mentioned in this Paragraph ozoP_aragraph No. 1. ~-~ Owner Project Costs. C~mer will pay for the repair of the Corrugated Metal Pipd storm drain on and around Fredericka Manor delineated on Exhibit "A' as Pipe Nttmbers~_;-3,'4, 7 and 8, and the grouting of a portion of Pipe Number 5. As stated in Paragraph 2 ("Project Award and Administration") City will advertise the project to receive bids and also award the contract. Awarding of the contract shall be performed pursuant to Ci~, laws relating to public works projects, and the City Council, in their sole discretion, may reject all bids and re-bid the project. Cost for repair shall be based on the unit cost of each 1/near foot of pipe lined, as specified in the bid that is accepted. Notwithstanding the foregoing, Owner shall not pay more than $103,000, unless the lowest responsible bid is greater than $159,731 - in which case, City and Owner agree to negotiate an increase in the Owner's maximum payment mount (of $103,000). Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract. Said funds shall be used only to pay the contractor for work performed on Pipe Numbers 2, 3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be returned to Owner within 40 working days of the filing of the Notice of Completion. CV - Fredericka Manor Page 2 of 6 March 2003 Storm Drain Repair ?~ ~ ~ City Project Costs. Ci~, ~4_U pay for the repair of Pipe Numbers 1, 9 and 10, as shown on Exhibit "A". Storm Drain Easements. Owner will grant to the City storm drain easements in a width of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers Z 3, 4, 7'and 8, in the form attached hereto as Exhibit 'B'. Flowage Easement. Owner will grant to the City a towage easement over Pipe Numbers 5 and 6, in the form attached hereto as Exhibit "C", that will allow public water to be contained and flow through said storm drain pipes. As more particularly specified in the towage easement, City gill have no maintenance responsibility for these sections of storm drain and be held harmless for any damage to the pipes or problems associated with said Pipes. 8. Term of Agreement and Areas to be Served. 8.1 Term. This Agreement shall commence on the date this Agreement is executed by City and Owner. 8.2 Areas. The ~rea to be served pursuant to this agreement is located on and around Fredericka Manor as shown on the plat (Exhibit "A'). 8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance costs for repaired facilities on Fredericka Manor, except for: (a) Tributary pipes feeding into Pipe Numbers 2-8; (b) Pipe Number 5 on Exhibit "A' which parallels the north side of the high-rise building; _- (c) (d) Pipe Number 6 on Exhibit 'A' which runs under the high-rise building; and Maintenance or repair of any of the Pipes on Exhibit "A' caused, in whole or in paxt, by the negligent acts, errors or omissions or willful misconduct of the Owner, its officers, agents, employees, servants, representatives, invitees, tenants or licensees, including but not limited to, pre-mature failure or weakening of the drainage system caused by the dumping of corrosive materials in a tributary pipe. Right of Entry During Construction. After execution of this Agreement and until completion of the project, Owner agrees to grant the City, its agencies, contractors, and subcontractors the fight of access and entry to its property, for the purpose of repairing and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2- #8). Cfity shall also have the right to clear any or all storm-generated debris of whatever nature from the storm drain system located on Owner's property. CV - Fredericka Manor March 2003 Storm Drain Repair Page 3 of 6 10. Mutual Indemnification. 11. 12. 10.1 City's Indemnification. City agrees to defend, indemnify and hold harmless the Owner from and against all claims for damages, liability, cost and expense (incl. udmg without limitation attorneys fees) arising directly or indirectly out of the obligations undertaken ha connection ~qth this Agreement which results from the negligent acts, errors or omissions or the willfial miscondfict of the Ci ,ty, its officers, agents, employees, servants or representatives. 10.2 Or,her's Indemnification. Owner agrees to defend, hademnify and hold harmless the City from and against all claims for damages, liability, cost and expense (including without lknitation attorneys fees) arising directly or indirectly out of the obligations undertaken in connection with this Agreement which results from the negligent acts, errors or omissions or the willful misconduct of the Owner, its officers, agents, employees, servants, representatives, invitees, tenants or licensees. 10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section 10.1, the City shall not be liable for any claims, damages, liability, cost and expense (including without limitation attorneys fees) that, in absence of this Agreement, the City would be immune from pursuant to state or federal law. 10.4 Termination of Indemnity Obligations. City and Owner's obligations under Sections ~0.1 and 10.2 shall terminate upon completion of construction of the project. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the par~ies as to any or ail of the Properties until released by the mutual consent of the parties. Notices. Unless otherwise 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 shalLb~e deemed duly served, delivered, and re_~eivgd~hen persorually delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, retxrrn receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A Party may change such address for the purpose of this paragraph by ~ving written notice of such change to the other Party. Addresses for any such notice shall be: For the City of Chula Vista: Clifford L. Swanson Director of Engineering City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 CV - Fredericka Manor March 2003 Storm Drain Repair Page 4 of 6 For Front Porch Communities and Se~,ices: Gary Wheeler, Chief Executive Officer Front Porch Communities and Services 2835 N. Naomi Street, Suite 300 Burbank, California 91504 13. 14. or Executive Director Fredericka Manor 183 Third Avenue Chula Vista, California, 91910 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, modLfied, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Amendments to Agreement. Any modifications of the terms of this Agreement must be made with the mutual consent of all parties by a subsequent written agreement. 15. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has leg. al_ _authority and capacity and direction fromm its pr~pal 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. 16. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's office. 17. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and ff 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. [NEXT PAGE IS THE SIGNATURE PAGE] CV - Fredericka Manor March 2003 Storm Drain Repair /~ ~ ~ Page 5 of 6 SIGNATURE PAGE FOR AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA FRONT PORCH COMMUNITIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR tN W1TNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF CHULA VISTA a pubhc body, corporate and pohtic Al'lEST: By: Stephen Padilla, Mayor Susan Bigelow, Citv Clerk APPROVED AS TO FORM: Ann Y. Moore, City Attorney Counsel to Front Porch Co~ties and Services CV - Fredericka Manor March 2003 Storm Dram Repair Page 6 of 6 EXHIBIT "A" SHEET #2 Q:\SDSKPROJ\Dr152b\Drow\FinoI\Dr152EXH.dwq 03117103 11:10:53 AM PST DRAIfN BY: CESAR V, llAOBUHAT DALE: SHEET2 1-30-05 OF 6 SHT~ '~-' CITY OF CHULA VISTA STORM DRAIN REHABILITATION FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ~DR-152B PREPARED BY: CESAR V, MAGBUHAT APPROVED BY: Jilt R. HOLMES I~- - - PIPE TO BE REUIVED: (I~ITttlN CITY R/I~I) PIPE TO BE'RELINED (14'ITI-IIN'FREDERICKA I~AIVOR) EXHIBIT "A" SHEET #3 Q:\SI)SKPROJ\Dr152b\Drow\FinoI\Dr152EXH.c~wq 03/17/03 11:10:53 AM PST DRA~ BX' ~Z~.' CITY OF CHULA VISTA CESAR V. t, IAGBUHA T DATE: SHEET .~ STORM DRAIN REHABILITATION ~-.~o-oz OF ~ SHES. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE t~DR- 152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: J/,~ R. HOLMES ~- - - PiPE TO BEREIlNED AND GROUND (~THIN FREDERICKA MANOR) EXHIBIT "A" SHEET #4 Q;\SI]~KPRI]J\Br152b\I]raw\FinoL\I)r152EXH.dwq 03/17/03 11:10:53 AM PST DR~ By.. ,~ZE.. CiTY OF CHULA VISTA CESAR V. MAGBUHAT DATE: SHEET 4 STORM DRAIN REHABILITATION ~-3o-o.~ OF ~ SliTS. FREDERICKA MANOR(THIRD AV, & "D" ST.) PROJECT FILE t~DR- 1528 PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: JIM R. HOLMES PIPE TO BE RELINED AND GROUTED (I~THIN FREDERICKA MANOR,) EXHIBIT "A' SHEET #5 .Q:\Sl]SKPROJ\Dr152b\I]row\Finol\I)r152EXH.ctwq 03/17/03 11Q0~53 AN PST DRA~BX' ~r~E.. CITY OF CHULA VISTA CESAR V. MACBUHA T DATE: SHEET 5 STORM DRAIN REHABILITATION l'JO'OJ OF 6 shin FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE //DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: ,#M R. HOLMES ~THIN FREDERI PIPE TO BE RELINED AND GROUTED ( OKA IdANOR) EXHIBIT "A" SHEET #5 Q:\S])SKPROJ\Dr152b\Dr~w\Fin~I\Dr152EXH.dwq 03/17/03 · 11,10~53 AM PST DRAWN BY: TITLE:CITY OF CHULA VISTA CESAR V. ~AOBUHAT DATE: SHEET 5 STORM DRAIN REHABILITATION ¢-zo-v,~ OF 6 SnTS FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE #IDR-152B PREPARED BY: CESAR V. IdAGBUHAT APPROVED BY: ,,Cid R. HOLIdES IF~;~tJ- PIPE TO BE RELINED (~ITHIN CITY J~- - - PIPE TO BE RELINED (H'ITHIN FREDERICKA MANOR) EXHIBIT "A" SHEET #6 O~\SJ)SKPRQJ\])r'15~b\Dr~w\Fino, I\]Br-152EXH.dwq 03/17/03 ]1:10:53 AM P~T DRA~ Br.' '~" CITY OF CHULA VISTA OESAR V~ MAOBUHAT DATE: SHEET 6 STORM DRAIN REHABILITATION i-5o-o7 oF 6 SHPS. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE ~(~DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BK' JIM R. HOLMES Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No Fee Required. This Space for Recorder's [.se Only APN(s) C.V. File No. EASEMENT FOR DRAINAGE PURPOSES EXHIBIT B FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRONT PORCH COMMUNITIES AND SERVICES, hereby pant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of Califorrda, an easement and right-of-way, and the right to construct, maintain, operate, replace, remove or enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated in said Ciw of Chula Vista and more particularly described as follows: TH. AT CERTAIN REAL PROPERTY DESCRIBED IN EXItlBIT "B-I", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THE EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "B-2" L~4~BELED PAR "A" AND PAR "1~~ ATTACHED HERETO AND BY _REFERg~.CE MADE A PART HEREOF. Together ;x4th the right to enter upon and to pas_s and repass over and along sa/d easement, and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any 'contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of privately-owned pipelines shall be prohibited unless written permission is first obtained from the City of Chula Vista. Signed thi~ay of ~ ,20 ~_,.~_. Gary Wheeler, Chief Executive Officer, Front Porch Communities and Services (Notary Acknowledgment Required for Each Signature) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca fora a ' SS. ~, County of personallyOn appeared ,~, before J'U N,me{,) of Signer(s) ~"personall¥ known to me .~ 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/hedtheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the reformation below is not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent remo. va/ and reattachment of this form to another document. Description ofAtfached [~ .rn~n,-~_. _.~ D~o~~'Title 9r TL/pe 9f..~Document:...7_/ '/~, D ment Date: ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual ~ Corporate Officer -- Title(s): ~ Partner-- ~ Limited [] General ~ Attorney in Fact [] Trustee [] Guardian or Conservator [~ Other: Signer IS Representing: ?? Exhibit B 2 Drainage Easement This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental 'agency, is hereby accepted by the undersigned, City Clerk, on behalf qf the Chula Fista City Council pursuant to authority conferred by Resolution No. ]5645 of said Council adopted on dune 5, J990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: H:XHOME~',~GINEERXLANDDEV~Forms-Official~Easements~Easement Drainage.doc Date: EXHIBIT "B-1" LEGAL DESCRIPTION Storm Drain Easements PARCEL "A" That portion of Lot 19 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Dieg6 County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A strip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center line: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly line thereof, North 71024'00'' East, 291.56 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line, South 40°00'07" East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to a point herein designated as Point "A", said point being the POINT OF TERMINUS. The sidelines of said 15.00 foot p are to be extended or shortened to~erminat~on the North in said Northerly line of said Lot 19; and on the South in a line beating North 12007'42" East. Said parcel of land contains 4,511 sq.tt., or 0.104 acre more or less. PARCEL "B" That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A strip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center line: PAWO 1-656-013 1656.013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 COMMENCING at said Point "A" as described in Parcel "A" above; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41'' East, 159.41 feet to the be~nning of~ tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 46°58'13" a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South 46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego County Au~tst 27, 1946, said point being North 71°22'12.' East, 11.88 feet from the Northwesterly comer of said Map No. 2345, said point also being the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on the North in a line beating North 35o18'53'' East, and on the South in said Northerly tine of said Map No. 2345. Said parcel of land contains 2,379 sq.ft., or 0.055 acre more or less. This legal description was prepared b2~ me or under my direction in conformance with. the Land Surveyor's Act this March 13, 2003. Signed Mary M. ~costa, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 J £XHIBI T "B- 2 " 'D' ST_REET (N71'24'OO"E 1323.58') 7'07'E ' [ ~ AREA = ~ O. 104 acre LOT -JO NI2'O7'42"E 1729' LOT 22 ~ STORM DRAIN EASEMENT ACQUIRED . . C,/L FLOWAGE EASEMENT ACQUIRED ( ) = RECORD DA TA PER P.M. 109 C/L = CENTERLINE P. O. C = POINT OF ' COMI~EN CEMEN T T.P.O.B. = TRUE POINT OF BEQNN/NQ APN 566-2,I0-27 //16§$ /Ol ail $~-£smt-$D.dwg \Frciects\1600s\iG56~013\i655-Esmt-SD.dwo, 05/20/200.3 ..... 56 SCALE: I~I00' =OINT "A " ~8. 42' 11.88' ~ LOT 27 o" ~ OITY OF OHULA VISTA STORM DRA~N EASEMENT ~~A m~ ~D AY ~ m" S~ DRAWN BY: mrna '- OAm.- oa/~a/oa PREPARED BY: mrna APPROVED ~; SHEET I OF I SHEET Recording requested by and please return to: CiR' Clerk CiD' of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required ^ {This space.for Recorder's use, only) APN(s} C.V. File No. FLOWAGE EASEMENT EXHIBIT C FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Front Porch Communities and Services hereby grant(s) to the CITY OF CHULA VISTA (hereinafter ~City'), a municipal corporation, in the County of San Diego, State of California, an easement and right of way for the free and unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described land and more particularly described as follows: THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "C- 1", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS EASEMENT AREA SHO~ DIAGRAMMATICALLY ON EXI-II~iT "C-~~ LABELED "FLOWAGE EASEMENT" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. This Easement shall be subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. After the effective date of this Easement, Grantor and its successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any structure, building, utilities, fence, material, device, thing, matter, or plant that could impede the flow of, or reduce the maximum flow rate of, water through the Easement Area, without the prior written approval of the City Engineer. The Grantor shall, upon receipt of written notice from the City remove cited obstructions which prevent or may prevent proper towage of water under or across the Easement Area. 2. MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep and preserve the Easement Area, including the private storm drain system in good repair and condition at.all times, and shall remove all dead trees, shrubs, brush and h'ash which might obstruct or impede the flow of water. The City shall incur no expense nor have any obligation of any kind whatsoever in connection with maintenance of the Easement Area, including 'out not limited to the drainage system residing thereon, and Grantor expressly waives the benefits EXHIBIT of an)' federal, state or local law now or hereafter in effect which would otherwise afford Grantor the right to make repairs at the City's expense or force the CiD' to repair, replace or maintain the private drainage system within the Easement Areas. 3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior x~Titten consent of the CiD, Engineer. 4. INDEMNIFICATION. Grantor shall indemnify, defend and hold harmless the CID'. its elected and appointed officers and employees, from and against all claims for damages, liab/[ity, cost and expense (including without 1Lm/tation attorneys fees) arising out the Ci~,'s use of this Easement, except where said liability arises out of the sole negligence or sole ~xdllful misconduct of the City. Grantor hereby assumes all risk of damage to property or injuu, to persons in or about the Easement from any cause, and Grantor hereby waives all claims in respect thereof against City, excepting where said damage arises out of the sole negligence or sole willful misconduct of the City. 5. RIGHT OF ACCESS. The City, its officers, agents and employees and any contractor engaged by City, and its agents and employees, shall have the right of access to the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove an3' unauthorized obstructions or structures placed or erected on the Easement Area that is impeding adequate and proper flowage of water over, under, upon and across Grantor's property. The City, its officers, agents and employees and any contractor, its agents and employees engaged by City shall also have the right to deposit tools, implements and other materials on the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area. 6. EASEMENT RUNS WITH LAND. This Easement shall be perpetual, permanent and runs with the land and shall be binding on Grantor and on Grantor's successors and assigns. Signedthis ~ dayof ~/~.~- _ ,2003 By: Gary ee er, Chief Executive Officer Front Porch Communities and Serxdce§" ' ~-'-- (Notary Acknowledgment required for each signatory.) This is to cerHfy that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15545 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: SUSAN BIGELOW, CITY CLERK Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ ss. County of ~.~ On ~//~'~ ~/.~ ~"~ ~ before me, /~.,~"~ /'~ o ~~/ personally appeared ~~~~ ~ proved to me on the basis of satisfacto~ 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ! ~ITNESS my hand and officia.LseaI. Signature ol Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form to another document. Description ofAttache~u.,,,,~../ ~ ~,.~t,,~_,~/~j/.f~,¢~,,- ~X,/~/~ Title or Type of Document:~-'"~.,~'/~ Document Date: '-7' ~)~/' ~ ~= Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [] Partner--_~ Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: TaD of thumb here Signer IS Representing: EXHIBIT "C-1" LEGAL DESCRIPTION Flowage Easement That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly line thereof, North 71o24'00" East, 291.56 feet; thence leaving said Northerly line, South 40000'07" East, 18.69 feet; thence South 48o01'46" East, 282.02 feet to the TRUE POI2NT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning ora tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 46°58'13" a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the POINT OF TERMINUS. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act this March 13, 2003. Mary M. Acosta, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656~013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 £XHIB/ T "C-2" ~ 'D' ST_REET _ LOT ~9 ~1 A=4a'5873" ~ N35 7 ~ z' LOT 27 , ~ND ( ) = RECORD DA FA P~ P.~ 109 C/L = CEN~RL/NE '~~~ P. O. ~ = POINT OF COMMENCEMENT ~0.~ = ~UE POIN7 OF BEGINNING ~1~ ~'OUN'rN~ '~ CITY OF CHULA VISTA ~Prc~ectsX1600sXi655XOlZX1656-:=~-q~,~,~ ~J~nl~ ~c.~.zo t,~ wFcr~-z DRAI~,N BY: mine *- DATE: 05/20/'03 PREPARED BY: APPROVED BY.: rnmo SHEET I OF '/ SHEET SHEET #2 Q:\Sl)~KPRI]d\I)r'15~b\I)r~w\Fin~l\I)r~5~3EXH,cl~ 03/~7/03 11;10:53 AM P~T OR,~8×. .~r~.. CITY OF CHULA VISTA DAm' ISHEET ~ STORM, DRAIN REHABILITATION ~-~-o3 IOF 6 SliTS FREDERICKA MANOR(~IRD AV. ~ "D" ST.) PROJECT FlEE ~DR-152B PREPARED BY: CESAR V. MAGBUHAT APPROVED BY: JIM R. HOLMES I~ PIPE TO BE RELINED (1¢171.11N CITY F'~- - - PIPE TO BE RELINED (WlllYlN FREDERICKA MANOR,) EXHIBIT "A" ~SHEET O:\SJDSKPRDJ\I)r152b\Drow\Fino[\I)r152EXH.clwo 03/17/03 11Q0~53 AM PST DRAI~I BY: CESAR V. MAC.-BUHAT DATE: SHEET J l'JO-OJ OF 6 SHTS. ~E.' CITY OF CHULA VISTA STORM: DRAIN REHABILITATION FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE //DR-152B PREPARED BY; CESAR V, MAGBUHAT APPROVED BY: JIM R. HOLMES F-/-/-~- - Z P~PE ~'BE REI ~NED AND ~RouTED ~TN~N FREDER~CKA MANOR) EXHIBIT "A" SHEET #4 o:\gDSKPRI]J\Dr152b\Dr~w\Finat\gr152EXH,dwq 03/17/03 11:10,53 AN PST DR,,~ BY.. ~tg.' CITY OF CHULA VISTA CESAR K ~AGBUHAT DA~' SHEE~ 4 STOR~' DRAINREHABILITATION ~-~o-o~ ~ ~ SH~ ~EDERICKA ~ANOR(~IRD AV. A "D" ST.) PROJECT FILE //DR-152B PREPARED BY: CESAR K ~IAGBUHAT APPROVED BY: Jill R. HOLMES PIPE TO BE RELINED AND GROUTED (WITHIN FREDERICKA IIANOR) EXHIBIT "A" SHEET #5 Q,\SI)SKPREiJ\])rI5;Bb\])row\Fin~t\]DrlS;~EXH.dwcl 03/17/03 11Q0,53 AM PST DRA~V Br.- ~E.. CITY OF CHULA VISTA dES~IR V. liAGBUHAT DAm I~EE6r 5 STORM DRAIN REHABILITATION ~-.~o--o.~ SliTS. FREDERICKA MANOR(THIRD AV. & "D" ST.) PROJECT FILE #lDR-152B PREPARED BY,' CESAR V. IIAC, BUHAT APPROVED BY: Jill R. HOLLIES please return CiD' Clerk CiD- of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required Recording requested by and ^ (This spaceforRecorder's use, only) APN(s) C.V. File No. AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNrrIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR This Agreement is made and entered into this of ,2003 by and between the City of Chula Vista hereinafter referred to as "CitT", a municipal corporation, and Front Porch Communities and Services, owner of Fredericka Manor, hereinafter referred to as "Oumer". RECITALS WHEREAS, Front Porch Cormnunities and Services is the owner of Fredericka Manor, a eldercare and rentld retirement community, located at 183 3rd Ave in Chula Vista; and WHEREAS, there is private storm drain system on Fredericka Manor's property that was not dedicatad to the City of Chula Vista; and WHEREAS, storm water from Twin Oaks Circle (a public street) flows through Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way; and WHEREAS, the private storm drain systemis shown on Exhibit "A"; and WHEREAS, the City videotaped the existing private storm drain system shown on Exhibit "A" which consists of Corrugated Metal Pipes (CMP) north and south of the high rise building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the high rise building; and WHEREAS, the video tape reveals serious problems with all of the existing storm dram pipes shown on Exhibit "A'; and WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the storm drain pipes shown on Exhibit "A', in the mariner proposed, which are collectively within City streets, within a City easement, and on private property within Fredericka Manor; and WHERE,&S, it is necessan, to delineate the responsibility of the City and Owner relative to restoration of the drainage system and future maintenance of the system shown on Exhibit "A"; and WHEREAS, City wishes to repair and maintain that portion of the storm drahx system located within the new drainage easements granted as part of this Agreement; and WHEREAS, Owner understands and agrees to repair and maintain that portion of the storm drain system on its property which is subject to the towage easement granted as part of this A~eement. NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES do agree as follows: Pre-Construction Planning. City will prepare plats and specifications to repair the CMP storm drain pipes storm on Exhibit "A" using a pipe lining system, except for the 24" RCP pipe that parallels the high rise building, which wig be grouted. Project Award and Administration. City will advertise the project to receive bids, provide inspection, award and administer the contract to repair ~ sections of pipe dehneated on Exhibit "A'. Owner shall hot be charged performing the services mentioned in this Paragraph or Paragraph No. 1. Owner Project Costs. Owner wig pa}, for the repair of the Corrugated Metal Pipe storm drain on and around Fredericka M_~an~or delineated on Exhibit "A" as Pipe N~be?s~,3, 4, 7 and 8, and the grouting of a portion of Pipe Number 5. As stated in Paragraph 2 ("Project Award and Administration") City will advertise the project to receive bids and also award the contract. Awarding of the contract shall be performed pursuant to City laws relatSng to public works projects, and the City Council, in their sole discretion, may reject ail bids and re-bid the project. Cost for repair shall be based on the unit cost of each linear foot of pipe lined, as specified in the bid that is accepted. Notwithstanding the foregoing, O~mer shall not pay more than $103,000, unless the lowest responsible bid is greater than $159,731 - in which case, City and Owner agree to negotiate an increase in the Owner's maximum payment mount (of $103,000). Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract. Said funds shall be used only to pay the contractor for work performed on Pipe Numbers 2, 3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be returned to Owner within 40 working days of the filing of the Notice of Completion. CV - Fredericka Manor March 2003 Storm Drain Repair ~ Page 2 of 6 · 4 City Project Costs. City will pay for the repair of Pipe Numbers 1, 9 and 10, as shown Exhibit "A". Storm Drain Easements. Owner Will grant to the City storm drain easements in a width of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers 2, 3, 4, 7 .and 8, in the form attached hereto as Exhibit "B". Flowage Easement. O'~m&r will grant to the City a towage easement over Pipe Numbers 5 and 6, in the form attached hereto as Exhibit "C', thaf will allow public water to be contained and flow through said storm drain pipes. As more particularly specified in the towage easement, City will have no maintenance responsibility for these sections of storm drain and be held harmless for any damage to the pipes or problems associated with said Pipes. 8. Term of Agreement and Areas to be Served. 8.1 Term. This Agreement shall commence on the date this Agreement is executed by City and Owner. 8.2 Areas. The area to be served pursuant to this agreement is located on and around Fredericka Manor as shown on the plat (Exhibit "A'). 8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance costs for repaired facilities on Fredericka Manor, except for: (a) Tributary pipes feeding into Pipe Numbers 2-8; (c) Pipe Number 5 on Exhibit "A' which parallels the north side of the high-rise bvJlding; Pipe Number 6 on Exhibit "A' wtzich runs under the high-rise building; and (d) Maintenance or repair of ~y of the Pipes on Exhibit "A' causedj ~ wti01~ or in part, by the negligent acts, errors or omissions or willful misconduct of the C~mer, its officers, agents, employees, servants, representatives, invitees, tenants or licensees, including but not limited to, pre-matrtre failure or weakening of the drainage s3,stem caused by the dumping of corrosive materials in a tributary pipe. Right of Entry During Construction. After execution of this Agreement and until completion of the project, Owner agrees to grant the Cie),, its agencies, contractors, and subcontractors the right of access and entry to its property, for the purpose of repairing and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2- #8). City shall also have the right to dear any or all storm-generated debris of whatever nature from the storm drain system located on Owner's property. CV - Fredericka Manor March 2003 Storm Drain Repair t ~ ~ "~ Page 3 of 6 10. Mutual Indemnification. 11. 12. 10.1 City's Indemnification. City agrees to defend, indemnify and hold harmless the Owner from and against all claims for damages, liabili,ty, cost and expense (including without limitation attorneys fees) arising directly or indirectly out of the obl/gations undertaken in connection with this Agreement which results from the negl2gent acts, errors or omissions or the gdllful misconduct of the City, its officers, agents, employees, servants or representatives. 10.2 Owner's Indemnification. Owner agrees to defend, mdernnlfy and hold harmless the City from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising directly or indirectly out of the obligahons undertaken in connection with this Agreement which results from the negligent acts, errors or omissions or the ~dllful misconduct of the Owner, its officers, agents, employees, servants, representatives, invitees, tenants or licensees. 10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section 10.1, the City shall not be liable for any claims, damages, liability, cost and expense (including ~dthout lim/tation attorneys fees) that, in absence of this Agreement, the C/ty would be immune from pursuant to state or federal lag,. 10.4 Termination of Indemnity Obligations. City and Owner's obhgations under Sections 10.1 and 10.2 shall terminate upon completion of construction of the project. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Properties until released by the mutual consent of the parties. Notices. Unless otherwise prOV~ed in this Agreement or by law, an~ and all~otices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in wriffng and shall be deemed duly served, delivered, end received when personally delivered to the party t~ ~,hom it is directed, or in lieu thereof, W~en'th~-e (3) business da},s have elapsed following deposit in the U.S. mM1; certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A Party may change such address for the purPose of this paragraph by giving written notice of such change to the other Party. Addresses for any such notice shall be: For the City of Chula Vista: Clifford L. Swanson Director of Engineering City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 CV - Fredericka Manor .... ,,~ Page 4 of 6 March 2003 Storm Drain Repair ? ~ G~ For Fron! Porch Communities and Services: Gary Wheeler, Chief Executive Officer Front Porch Commurdties and Sen, ices 2835 N. Naomi Street, Suite 300 Burbank, California 91504 13. 14. 15. 16. 17. Executive Director Fredericka Manor 183 Third Avenue Chula Vista, Califorrda, 91910 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. Amendments to Agreement. Any modifications of the terms of this Agreement must be made with the mutual consent of ail parties by a subsequent written agreement. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other pazty that it has legal authority and capacity and direction from its pr_'m_cipaI to enter into this Agreement, and~d~l'fiTall resolutions or other actions have been take-~-~o as to enable it to enter into this Agreement. Recording. The Parties hereto sh-M1 Cause this Agreement to be recorded 'in the-~5~ficial Records of the San [Mego County Recorder's office. Governing Law/Venue. Tkis Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance heretmder, shall be the Cit3, of Chula Vista. [NEXT PAGE IS THE SIGNATURE PAGE] CV - Fredericka Manor March 2003 Storm Drain Repair .5I Page 5 of 6 SIGNATURE PAGE FOR AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND FRONT PORCH COMMUNITIES AND SERVICES FOR THE REPAIR OF STORM DRAIN PIPES ON AND AROUND FREDERICKA MANOR IN WITNESS 1¥HEREOF, the parties have executed this Agreement as of the day and yeaz first written above. CITY OF CHULA VISTA a pubhc body, corporate and pohtic ATTEST: By: Stephen Padilla, Mayor Susan Bigelo,a,, Ci%, Clerk APPROVED AS TO FORM: A~m Y. Moore, Cit-y Attorney A-~"ROVED AS TO FORM: Co~nisel to FfontT~orch C~tmunities and Services CV - Fredericka Manor March 2003 Storm Drain Repair Fr~orch Communities and Services Page 6 of 6 Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City, only. No fee required ^ (This space for Recorder's use, only) APN(s) C.V. File No. FLOWAGE EASEMENT EXHIBIT C FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Front Porch Communities and Services hereby grant(s} to the CITY OF CHULA VISTA (hereinafter "City"), a municipal corporation, in the County of San Diego, State of California, an easement and right of way for the free and unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described land and more particularly described as follows: THAT CERTAIN E.EAL PROPERTY DESCRIBED IN E~IT "C-l", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS EASEMENT AP~EA SI-I(~l~-DIAGRAMMATICALLY ON EXIt]~tT "C-2~- LABELED "FLOWAGE EASEMENT" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. This Easement shall be subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. After the effective date of this Easement, Grantor and its successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any structure, building, uiilities,.fence, material, device, thing, matter, or plant that could impede the flow of, or reduce the ma~mum flow rate of, water through the Easement Area, *~4thout the prior xm-itten approval of the City Engineer. The Grantor shall, upon receipt of written notice from the City remove cited obstructions which prevent or may prevent proper fiowage of water under or across the Easement Area. 2. MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep and preserve the Easement Area, including the private storm drain system in good repair and condition at all times, and shall remove all dead trees, shrubs, brush and trash which might obstruct or impede the flow of water. The City shall incur no expense nor have any obligation of any kind whatsoever in connection with maintenance of the Easement Area, including but not limited to the drainage system residing thereon, and Grantor expressly waives the benefits EXHIBIT C of an5' fed.eral, state or local law now or hereafter in effect which would othe~vise Grantor the right to make repairs at the Ciu"s expense or force the City to repair, replace or maintain the private drainage systern within the Easement Areas. 3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall nbt change the grade, elevation or contour of any part of the Easement Area x~-ithout obtaining the prior ~ritten consent of the CiD, Engineer. 4. INDEMNIFICATION. Grantor shall indemnify, defend and hold harmless the CiLv. its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out the City's use of this Easement, except where said liability arises out of the sole negligence or sole willful misconduct of the City. Grantor hereby assumes all risk of damage to property or injuu' to persons in or about the Easement from any cause, and Grantor hereby waives all claims in respect thereof against City, excepting where said damage arises out of the sole negligence or sole willful misconduct of the City. 5. RIGHT OF ACCESS. The City, its officers, agents and employees and any contractor engaged by City, and its agents and employees, shall have the right of access to the Easement Area as well as those portions of the Grantor's property adjacent to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area that is impeding adequate and proper flowage of water over, under, upon and across Grantor's property. The City, its officers, agents and employees and any contractor, its agents and employees engaged by City shall also have the right to deposit tools, implements and other materials on the Easement Area as well as those por~mns of the Grantor's property adjacent to the Easement Area. 6. EASEMENT RUNS WITH LAND. This Easement shall be perpetual, permanent and runs ~xfith the la_nd and shall be binding on Grantor and on Grantor's successors and assigns. dayof , , 003 ef Executive Offieer Front Porch Communities and Serdces . ~-- (Notary Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of ChuIa Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Coundl pursuant to authority conferred by Resolution No. 15645 of said Cound/ adopted on June 5, 1990, and the grantee(s} consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca~_ ia On ~.1~, ~)~.beforeme, *'~lk..~'~.~.~-~.~ · ~ ~ personally appeared ~ ~ ~~,)ofs~;.,~,~ ~ ~personaily known to me ~ proved to me on the basis of satisfactow 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/hedtheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~-'-WlTNESS my hand 8A.d official,seaL OPTIONAL · Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaY, achment of this form to another document. Description of Attached Title or Type of Document: Document Date: = = Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual ~ Corporate Oif~cer -- Title(s): [] Partner--~ Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: EXHIBIT "C-I" LEGAL DESCRIPTION Flowage Easement That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly line thereof, North 71 °24'00" East, 291.56 feet; thence leaving said Northerly line, South 40°00'07'' East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to the TRUE POINT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning ora tangent 40.00 foot radius crowe concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 46°58'13'' a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the POINT OF TERMINUS. Th/s legal description was prepar~h'-~-~ me or under my direction in conforma~ace with~e Land Surveyor's Act this March 13, 2003. Signed [~ L~'~40~;2~& Mary M. Acosta, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 ~ .. £XH/B/ T "C-2" _ ~ _ 'D' ST_REET '~ (N71'24'00"£ 132 5. 58 ',) -- ~ '~' --29,--/. 56' PAR. p... ;40'00'07"E -'~ NW ~"ORNE~ 18. LOT -]9 N12'O7'd2"E , 1729' $CAL~.: 1"=100' ?.P.O.B. r'ZOWA~ EASETdENT ~8. 42' LOT 22 · ~ - N35 78 '53'E iL88' LOT 27 ~ STORM DRAIN EASEMENT ACQUIRED C/IL F~OWAGE EASEMENT ACQUIRED ( ) = RECORD DATA PER P.~ 109 C/~ = CENTERLINE P. O. O. =POINT OF COMMENCEMENT T.P.O.B. = TRUE POINT OF BEGINNING APN 566'240-27 L://1656/012~/1656--Eam t - SD. dwg PCGt~1-656-015 ,~.~ POUNTNL~ '~ CITY OF CHULA VISTA ---,, -,,,.- --,~ -..- .- STORM DRAIN EASEMENT ~Pro~cts~1600s~1656~O13~1656-Esmt~SD.dwq. 05/20/2003 09:48:39 AM, WEST.pc,3 EA,~ A =46'58'13" ~ L=32.79'i 'S~377'5¥"E 3~.~' PF-#___ DRAF~V BY: mrna .. DATE: 05/20/05, PREPARED B~: rnmo APPt~OVE'D B~: mmo 51'fE~T I OF I SHEET Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits Cio, Only. No Fee Required. This Space for Recorder's Use Onb, APN(s) C.V. File No. EASEMENT FOR DRAINAGE PURPOSES EXHIBIT B FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRONT PORCH COh~IUNITIES AND SERVICES, hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, an easement and right-of-way, and the right to construct, maintain, operate, replace, remove or enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated in said City of Chula Vista and more particularly described as follows: THAT CERT.M2N REAL PROPERTY DESCRIBED IN EXItlBIT "B-I", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THE EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "B-2" LABELED PAR "A" AND PAR "B"~ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Together with the right to enter upon and to pass and repass over and along said easement and fight-of-way and to deposit tools, implements and other mafefials thereon by said City of Chula Vista,-its off~-er~} agents and employees and by any 'contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masomy fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of privately-owned pipelines shall be prohibited unless written permission is first obtained fxom the City of Chula Vista. Signed thi~ay of By: Executve O cer, Front Porch Communities and Services (Notary Acknowledgment Required for Each Signature) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared ~ 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~VITNESS my hand_and Signature ol Notary Public OPTIONAL Though the intormation below is not required by law, it may prove valuable to persons re/ying on the document and could prevent fraudulent rerno~a/ and rea~achment of this form to another document. '~tle or Type of Document: ~~~ I ~gr ~Xh ~ ~. Document Date: ~; Number of Pages: ~ ' '~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual ~ Corporate Of[ruer -- Title(s): ~ Partner--,- Limited [] General ,~ Attorney in Fact ~ Trustee [] Guardian or Conservator [] Other: TOD of thumb here Signer IS Representing: Exhibit B 2 Drainage Easement This is to certify that the interest in real 'property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Cler~ on behalf of the Chula Fista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) cor~ent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: H:~-IOME~ENGINEERLLANDDEV~orms-Official'~EasementsXEasement Drainage.doc Date: EXHIBIT "B-I" LEGAL DESCRIPTION Storm Drain Easements PARCEL "A" That portion of Lot 19 of Quarter Section t36 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A strip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center tine: COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly tree thereof, North 71024'00'' East, 291.56 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line, South 40000'07'' East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to a point herein designated as Point "A", said point being the POINT OF TERMINUS. The sidelines of said 15.00 foot widqstrip are to be extended or shortened to~termina[~?~n the North in said Northerly line of said Lot 19; and on the South in a line bearing North 12°07'42'' East. Said parcel of land contains 4,511 sq.ft., or 0.104 acre more or less. PARCEL "B" That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the Office of the County Recorder of San Diego County March 13, 1888, in the City of Chula Vista, County of San Diego, State of California, described as follows: A slrip of land 15.00 feet in width, said strip lying 7.50 feet on each side of the following described center line: PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 COMMENCING at said Point "A" as described in Parcel "A" above; thence North 72© 17'11" East, 88.42 feet; thence South 16° 19'41" East, 159.41 feet to the be~nning of a tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said cma,e through a central angle of 46°58'13'' a distance of 32.79 feet; thence South 63o17'54'' East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South 46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego County August 27, 1946, said point being North 71 °22'12" East, 11.88 feet from the Northwesterly comer of said Map No. 2345, said point also being the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on the North in a line bearing North 35°18'53" East, and on the South in said Northerly line of said Map No. 2345. Said parcel of land contains 2,379 sq.ft., or 0.055 acre more or less. This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act this March 13, 2003. Mary M. 3[costa, P.L.S. 6664 License Expiration Date: 06/30/04 PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc 05/20/03 EXHIBIT "B- 2 " -'D' STREET . ,~- ~2~,.$~' ~ ~O.B. P~ 'A' . - 7 oGo'o - -- 40'~ 40' ~ APEA = ~ PAF, A ~ , ~ ~ 4,511 sq. ft ~ O. 104 ocre ~ SCAL~. Z~ LOT 19 ~ ~ ~' 'o ~ N12~7'42'~ ~42' ~ LOT 22 . ~ AREA I '//1656/O13/1656-Esmt--SD.dwg ~ STOR/W DRAIN EASEMENT ACQUIRED C/L FLOWAGE EASE/WENT ACQUIRED ( ) --- RECORD DATA PER P.~ 109 OIL '= CENTERLINE P. O. C --- PO/NT .OF CO/WklENCE/WENT 1;.P.O. 8. = 1RUE PO/NT OF EEG/NN/NG APN : 566-240-27 PCGi~l-656-013 ;It POUN~I~ '~ CITY OF CHULA VISTA III.,~ l~ J .,.,..,~o..~.=.=.~,~ STORM DRAIN EASEMENT t'"~"~"~'~'~--=-'-~'-~ ~A ~ ~D AV & ~' ST) ~Pro~cts~1600s~1656~O13~1656-[smt-SD.dwQ. 05/20/20~.~ 09:49:56 AM. ~ST.~c5 PF-#___ 1"= 100' 'A' A =46'58'13' 79']: _ ~ L DRAYS! BY: mrna DATE: 03/13/03 PREPARED BY: mrna APPROVED BY.: SHEET I OF I SHEET I A3-FACHMENT ~ PAGE 1, ITEM NO.: / MEETING DATE: 11/04/2003 CITY COUNCIL AGENOA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE EXTERIOR ACCESSIBILITY GRANTS FOR RENTERS PROGRAM SUBMITTED BY: REVIEWED BY: COMMUNITY DEVELOPMENT DIRECTOR J..,~t~ ~'~ CITY MANAGER 4/5THS VOTE: YES ~ NO BACKGROUND The California Department of Housing and Community Development (HCD) has issued a Notice Of Funding Availability (NOFA) for the Exterior Accessibility Gran~s for Renters Program (EAGR) which was established by passage of Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002. These funds can be used to provide grants for exterior modifications to rental properties to make them accessible to ~ow income tenants. The City of Chula Vista qualifies to apply for up to $250,000. If selected for such funding the funds will be used to augment and expand the City's Community Housing Improvement Program (CHIP) that provides loans and grants to rehabilitate single family and mobile homes within the City. RECOMMENDATION It is recommended the Council authorize staff to submit an application to the State of California HCD for funding under the EAGP~ Program. BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. DISCUSSION The State of Califonia Department of Housing and Community Development has issued a IxlOFA for funding under the EAGR Program. The NOFA is for approximately $4.75 million in total funds available throughout the State. The City of Chula Vista is eligible to apply for a maximum of $250,000 based on its population size and housing rehabilitation program experience. Funds awarded will be in the form of a grant to the City to assist individual households in the form of grants. Applications under this NOFA are due in the HCD offices on November 7, 2003. /3- / PAGE 2, ITEM NO.: MEETING DATE: 11/04/2003 If the City is awarded the funds, the City will be required to enter into a Standard Agreement with HCD for a term of 24 months from the date of the award letter. With this adion the city is authorizing the City Manager to submit the application and execute all other documents necessary to participate in this process. If the City is selected for such funding, staff will return to Council to approve a standard agreement and to appropriate the funds received. FISCAl. IMPACT There is no fiscal impact associated with the requested action. However, the EAGR program is an opportunity to increase the financial resources of the City's CHIP and to expand the scope of the program by being able to address housing accessibility needs of renters. J:\COMMD EV~STAFF.REP\ 11-04-03\EAGR.doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE EXTERIOR ACCESSIBILITY GRANTS FOR RENTERS PROG~. WHEREAS, the City of Chula Vista, a political subdivision of the State of California wishes to apply for and receive an allocation of funds through the Exterior Accessibility Grants for Renters Program (EAGR); and WHEREAS, the California Departm?nt of Housing and Corranunity Development (hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for the EAGR program established by Chapter 4 Section 5-3533(5) (B) of part 11 of Division 31, Health and Safety Code (the "statute"). Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the passage of Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002 to the EAGR Program, subject to the terms and conditions of the statute and the EAGR Program Guidelines adopted by HCD on October 1, 2003; and WHEREAS, the City of Chula Vista wishes to submit an application to obtain from HCD an allocation of EAGR funds in the amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that The City of Chula Vista shall submit to HCD an application toparticipate in the EAGR Program in response to the NOFA issued on October 6, 2003 which will request a funding allocation for the following activities: To provide grants to lower income tenants with disabilities for the purpose of making modifications to rental housing in order to make that housing unit accessible to persons with disabilities. If the application for funding is approved, the City of Chula Vista hereby agrees to use the EAGR funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. It also may execute any and all other inslzuments necessary or required by HCD for participation in the EAGR Program. The City of Chula Vista authorizes David D. Rowlands, Jr. City Manager, to execute in the name of the City of Chula Vista, the application, and all other docUments required by HCD to participate in the EAGR Program. Presented by Laurie J. Madigan Community Development Director C4ty Attorney %~i J :\COMMDEV~RE SO S~EAGR COUNCIL AGENDA STATEMENT Item Meeting Date 11/4/2003 ITEM TITLE: Resolution Amending the FY 03~04 Police Department budget by appropriating $60,000 in Supplies and Services based upon unanticipated revenues from the State of California Commission on Peace Officer Standards and Training. SUBMITTED BY: Chief of Pohc _~'~' REVIEWED BY: CityManager~/~ ff (4/5th Vote: Yes X No ) The reimbursement program f or local law enforcement officer training has been restored from the State of California Commission on Peace Officer Standards and Training (POST). This program reimburses the police department for POST mandated training costs. RECOMMENDATION: Council adopt the resolution amending the FY 03-04 Police Department budget by appropriating $60,000 in Supplies and Services based upon unanticipated revenues from the State of California Commission on Peace Officer Standards and Training. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: During the last budget deliberations for the State of California, POST's reimbursement program for local law enforcement officer training was cut. At that time, the police department reduced the training budget by $60,000 in anticipation of this program being eliminated. As the City's budget was adopted prior to the State of California's budget, this appeared to be a prudent move. This cut, however, did not affect the department's ability to provide core training to officers. When the State finally adopted their budget, POST's reimbursement program was restored. This program allows the department to be reimbursed for POST mandated training costs, including lodging, travel and incidentals. This reimbursement program has been very successful in prior years and has allowed the department to maintain high levels of officer training. FISCAL IMPACT: There is no fiscal impact to the general fund. All training costs eligible under this program are fully funded through POST. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 03-04 POLICE DEPARTMENT BUDGET BY APPROPRIATING $60,000 IN SUPPLIES AND SERVICES BASED UPON UNANTICIPATED REVENUES FROM THE STATE OF CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING. WHEREAS, the police department reduced the training budget by $60,000 in anticipation of cuts to the State of California Commission on Peace Officer Standards and Training (POST) training reimbursement program; and, WHEREAS, the State of California fully restored the POST training reimbursement program; and, WHEREAS, the City of Chula Vista Police Department benefits from this program by being able to send officers to various training programs that are vital to department operations and officer safety; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 03-04 Police Department budget by appropriating $60,000 in Supplies and Services based upon unanticipated revenues from the State of California Commission on Peace Officer Standards and Training. Presented by: Approved as to form by: Rich~l:f P.(l~merson Police Chief Ann Moore City Attorney PAGE 1, ITEM NO.: MEETING DATE~ 11-04-03 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: [A] SUBMITTED BY: REVIEWED BY: lB] PUBLIC HEARING TO REVIEW AND RECEIVE PUBLIC COMMENT REGARDING SUBMITTAL OF A CDBG SECTION 108 LOAN APPLICATION IN THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) RESOLUTION AUTHORIZING SUBMITTAL OF THE CDBG SECTION 108 LOAN APPLICATION IN THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT DIRECTOR J,..,~-"6~ CITY MANAGER 4/5THS VOTE: YES ~ NO ~ BACKGROUND During the 2003-2005 budget presentations it was highlighted that the Ci~/of Chula Vista would be expanding efforts to improve the infrastrudure in western Chula Vista. In order to facilitate these improvements it was recommended that Chula Vista apply for a Section 108 loan from the U.S. Department of Housing and Urban Development (HUD). HUD regulations allow for a participating jurisdiction to apply and potentially receive a 108 loan equating to five times that jurisdiction's annual CDBG entitlement. For fiscal year 2003-04, Chula Vista received a CDBG entitlement in the amount of $2,383,000, which equates to a potential 108 loan in the amount of $11,915,000. To that end, the Western Chula Vista Financing Plan was presented to Council on May 29, 2003. The plan is focused primarily in the Montgomery area of Chula Vista (which was annexed in 1986) since the Montgomery Infrastructure Study indicated that this area of Chula Vista has the majority of street deficiencies within the City. The CDBG 108 loan funds will be included with other resources to fund the $21.75 million Western Chula Vista Financing Plan. Those additional funds include approximately $9.0 million in Residential Construction Tax (RCT); CDBG program income funds in the amount of $332,000; and $500,000 in Low-Mod funds. This report, however, highlights only the CDBG component of the financing plan and is presented to Council for authorization to proceed with the application submittal to HUD. PAGE 2, ITEM NO.: MEETING DATE: 11-04-03 RECOMMENDATION Condud the public hearing to review and receive public comment regarding submittal of a CDBG Section 108 loan application in the amount of $11,915,000 for the Western Chula Vista Financing Plan to the U.S. Depadment of Housing and Urban Development (HUD) and authorize submiflai of the CDBG Sedion 108 loan application in the amount of $11,915,000 for the Western Chula Vista Financing Plan to the U.S. Department of Housing and Urban Development (HUD}. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION In order to focus on improving the infrastructure in western Chula Vista, a non-traditional approach must be implemented. Eastern Chula Vista has the revenue stream from development impact fees to provide the streets, parks and public safety facilities required as a result of new development. Western Chula Vista has to rely on traditional funding sources for capital improvements that are not the result of impacts from new development. However, these same resources are often utilized to fund many of the City's operational activities which leaves less for capital purposes. Provided below are the sources and uses of funds for the proposed Western Chula Vista Financing Plan that was presented to Council previously. Sources Amounts Uses Amounts Section 108 $11,915,000 Street Improvement and Assessment $4,715,000 Residential Construction Tax $9,000,000 CDBG $332,872 Low-Mod Income Housing Funds $500,000 TOTAL $21,747,872 District Formation Fire Station No. 5 Replacement and Rehabilitation Oxford Street Park Development Eucalyptus Park Reconstruction Women's Club Renovation Otay Park Renovation Emerson Street Drainage Drainage Improvements Corrugated Metal Pipe Replacement/Rehabilitation Eucalyptus Park Reconstruction Neighborhood Image Campaign for Castle Park NRP Single-family rehabilitation for Castle Park NRP TOTAL $2,400,000 $1,500,000 $3,300,000 $450,000 $1,500,000 $730,000 $620,000 $3,000,000 $2,700,000 $332,872 $500,000 $21,746,872 1 Fifty percent of these funds will be targeted to the Castle Park NRP PAGE 3, ITEM NO.: MEETING DATE: 11-04-03 As indicated, the Western Chula Vista Financing Plan also includes funding from Residential Construction Tax (RCT) and Low Mod Income Housing Funds totaling $9,500,000. This leveraging of non-CDBG resources to the CDBG funds equates to a ratio of $.78 to $1. The RCT funds will be used to for various infrastructure improvements such as replacement/rehabilitation of corrugated metal pipe; drainage improvements; park renovation/development; and renovation of the Women's Club. The RCT portion of the project needs to be financed. In order to save on cost of issuance and to take advantage of continued Iow interest rates, the Finance Director is determining whether it v,;ill be feasible to include the $9 million in RCT funding as part of the Civic Center financing which is anticipated to be issued in the Spring of 2004. Further analysis will be provided in future reports to Council. The Engineering and Public Works Department will be responsible for all of the infrastrudure improvements. With respect to the parks projects, the General Services Department will undertake all design, construction and project management activities. For the Castle Park NRP, the Community Development Department will do all of the community outreach; conduct inspections, with the assistance of the Building department, and ensure compliance with the CDBG regulations pertaining to rehabilitation activities. CDBG Project Descril)tion Chula Vista has been a Community Development Block Grant entitlement community since 1975. Through the Section 108 loan program, Chula Vista is requesting a Section 108 loan in the amount of $11,915,000 which equates to five times our annual entitlement of $2,383,000 received for program year 2003. The Section 108 loan funds will focus on street improvements and assessment district formation, Fire Station #5 replacement/rehabilitation, park reconstruction, and a re-focus on rehabilitation efforts within the Castle Park Neighborhood. Assessment District Formation. In February 2000, the Engineering Department prepared a study of the street network in the Montgomery Area and analyzed the improvements that would be needed on each street to bring it up to City standards. The estimated cost, not including drainage improvements, is $34 million. It has been the City's methodology to construd the missing improvements on specific streets through the creation of assessment districts, known as 1911 Act Districts. Under this policy, properly owners on a specific block would get together and submit a petition to the City requesting consideration to form a distrid. It is typical, in these districts, for the property owner to be responsible for the costs associated with the sidewalk, curb, gutter, driveway apron and street widening. In the western portion of the City, and in the Montgomery area specifically, there have been very few of these assessment districts formed. Lack of interest is not the cause, however, but an economic reality. Typical costs to the resident forming an assessment district can exceed $12,000. However, the burden falls to those residents who are least likely to be able to afford the costs of creating an assessment district, but need it the most. It is ~pical for the term of the assessment to be 10 years at an annual interest rate of 7% (per the City's Municipal Code). For PAGE 4, ITEM NO.: 15 MEETING DATE: 11-04-03 those homeowners barely able to afford what they have, it is difficult to entice them with the current assessment district formation policy. In order to encourage assessment district formation, a targeted program is being recommended. The idea is to establish a fund, estimated at $4,700,000, and offer an incentive to the neighborhoods agreeing to form assessment districts. The incentive would be in the form of a reduction in the amount of the assessment, along with more of the infrastructure improvements being paid by the City. The cost to each homeowner would only be approximately $2,500. Of the $4.7 million, approximately $2.35 million would be specifically targeted to the Castle Park Neighborhood Revitalization Program (discussed below). The remaining $2.35 will be targeted to those eligible census tracts located within the Montgomery Area. It is estimated that at least 12 assessments districts will be formed under this target program. Fire Station Number 5 Replacement/Renovation. Fire Station No. 5 is located at the corner of Oxford Street and Fourth Avenue, in the Montgomery Area, and was constructed in 1957. The station was expanded in 1972 and has not been upgraded since. The station is undersized, but is located in a desirable location in terms of its service area. For program year 2003, CDBG funds are budgeted in the amount of $150,000 to perform a site analysis for the facility. The site analysis is currently underway and staff expeds to have a clear picture of the financial costs associated with replacing/renovating the existing fire station within the next few months. Based on an initial inspection of the property and the estimated improvements necessary to increase the efficiency of the building, the construction costs are estimated at $2,400,000. Chub Vista has 12 parks located in western Chula Vista and many of these parks are in disrepair end require upgrading. Also of importance is an attempt to increase the number of park acreage through acquisition of small in-fill vacant parcels. The following parks are targeted for funding. Oxford Street Park Development. In February of this year, the City Council approved the purchase of approximately five (5) acres of property on the north side of Oxford Street between Broadway and Industrial Boulevard. It is the intention of the City to develop this properly as a neighborhood park. Amenities will include new playground equipment; tot lot; skate area; multi- purpose sports field; basketball courts; picnic shelters; and pedestrian pathways connecting to the street and neighboring elementary school. The development cost of the park is estimated at $1,500,000 and will be funded from the Section 108 loan funds. Eucalyptus Park Reconstrudion. In August of 1998, the City developed a master plan for Eucalyptus Park. This report looked at the current conditions of the park and made recommendations for both renovation and the addition of new amenities. With a combination of Section 108 funds and RCT funds, the project is estimated to cost $6 million. The renovations would include providing new concession stand/storage areas; relocate and construct new restroom facilities; redesign and upgrade the parking facility; provide new backstops, dugouts, bleachers, lighting and site furnishings; relocate the tennis courts and playground. The new improvements would include new site furnishings; irrigation and landscaping, grading and drainage redesign to raise the elevation of the lower park and address groundwater/flooding PAGE 5, ITEM NO.: MEETING DATE: 11-04-03 issues; new concrete pathways, new handicapped accessible walkways and stairs from the upper park to the lower park; and the design and construction of restroom facilities and a maintenance building. Castle Park Neiqhborhood Revitalization Proc~ram. The Neighborhood Revitalization Program (NRP) is a unique effort by the City to change the future of its neighborhoods by making them better places to live, work, learn and play. Partnering and priority setting are at the heart of the NRP. The Castle Park area has been designated as a City NRP and is bounded by Naples Street to the north, Palomar Street to the south, Third Avenue to the west and Tobias on the east. This area was identified because it serves as a continuation of the targeted street improvements previously identified; Naples Street serves as a link from residential neighborhoods in the Hilltop area to large commercial centers on Broadway and Third Avenue; the City's existing housing rehabilitation program has assisted several homeowners within this neighborhood, and continues to receive new requests for assistance from within the area; the neighborhood is located within walking distance of several schools and has heavy pedestrian traffic; and homeowners are investing in their properties by renovating and making significant exterior improvements and modifications. Residents and other neighborhood stakeholders identify and address resident concerns in partnership with City staff and other by developing a Neighborhood Action Plan. In addition, residents will form assessment districts for infrastructure improvements. Resources are designated to the target area that will assist in implementing infrastructure and property rehabilitation including landscaping and streetscape improvements. It is estimated that $3.18 million will be targeted to the Castle Park NRP and will come from a portion of the Section 108 loan funds, the City's Low and Moderate Income Housing Fund, and a contribution from the CDBG program. Rel)ayment Schedule Based on the projected loan amount of $11,915,000 repayment will be amortized over a period of 20 years. The interest rate is based on the 3-Month LIBOR (London Inter Bank Offer Rate), plus 20 basis points. Currently, the 3-Month LIBOR rate is 1.34%. The annual debt service would be $681,124. Funds to pay the principal and interest on the Section 108 loan will be budgeted from Chula Vista's CDBG entitlement each year. Historically, the CDBG program has budgeted between $900,000 to $1,000,000 annually for the capital improvement program. Payment of the principal and interest on the Section 108 loan will still allow funding for other capital projects, such as the ADA Annual Program, the Sidewalk Rehabilitation program, along with maintaining CIP funding for non-profit organizations. In the event that there is insufficient annual CDBG entitlement funds to repay the Section 108 loan, the City's General Fund will be responsible for the loan payments in the amount of $681,124. It is important to note that a reduction in CDBG funds will impact funding other organizations. However, Chula Vista has been an entitlement community since 1975 and it is expeded that that Chula Vista will continue to receive its annual CDBG entitlement. PAGE 6, ITEM HO..- MEETING DATE: 11-04-03 The Section 108 loan application will be submitted to the U.S. Department of Housing and Urban Development (HUD) for review. A typical review process takes between three and six months. Once the application is accepted and approved by HUD, formal Section 108 loan agreements will be sent to Chula Vista for legal review and City Council approval. FISCAL IMPACT Staff costs associated with the Section 108 loan application are budgeted in the CDBG staff administration account. ATTACHMENTS Exhibit A: Section 108 Loan Application J:\COMMDEV~STAFF.REP~I 1-04o03\Seclion 108 Loan Staff Report.doc CITY OF CHULAVISTA Western Chula Financing Plan Section 108 Loan Application Back;round Chula Vista is San Diego County's second largest municipality with a population of approximately 191,000. The City covers approximately 50 square miles along the San Diego Bay and is surrounded by National City, the City of San Diego, and the unincorporated area. Two major north-south freeways, I-5 and 1-805 traverse Chula Vista. The area west of the i- 805, known as '~vestern Chula Vista" is built-up and characterized by well-established neighborhoods with primarily infill and redevelopment residential construction activity. The area east if 1-805, known as "eastern Chula Vista" is comprised of large vacant tracts constituent to several master planned communities in various stages of development. With the increased new development occurring in eastern Chula Vista, the residents there are enjoying new school facilities, master planned parks, and viable commercial-retail growth. Western Chula Vista, on the other hand, is experiencing deteriorating infrastructure and recreation facilities, along with a lack of new commercial-retail expansion. In order to focus on improving the infrastructure in western Chula Vista, a non-traditional approach must be developed. Eastern Chula Vista has the revenue stream consisting of development impact fees to provide the streets, parks and public safety facilities required as a result of new development. Western Chula Vista has to rely on traditional funding soumes for capital improvements that are not the result of impacts from new development. However, these same sources are often utilized to fund many of the City's operational activities which leaves less for capital purposes. Chula Vista has been a Community Development Block Grant entitlement community since 1975. Through the Section 108 loan program, Chula Vista is requesting financial assistance in the amount of $11,915,000 which equates to five times our annual entitlement of $2,383,000 received for program year 2003. The Section 108 loan funds will be focused in western Chula Vista and will be used to provide increased infrastructure improvements, park reconstruction, assessment district formation, and re-focus infrastructure and rehabilitation efforts within the Castle Park Neighborhood. I. Proiect Description The Western Chula Vista Financing Plan will be focused primarily in the Montgomery Area of Chula Vista. This area was annexed by Chula Vista from the County of San Diego in 1986. Prior to annexation into the City, the Montgomery area received little attention from the County for public improvements. Since annexation, the City has made a good effort to upgrade the public improvements in the area to bring it more in line with the rest of the City. The following categories highlight the activities that will be undertaken utilizing the funding as described on page 5 of this application. City of Chula Vista Section 108 Loan Application Page I of 8 Infrastructure Improvements. There are a significant number of infrastructure projects in western Chula Vista that need to be addressed. These include: Corrugated Metal Pipe (CMP) Replacement/Rehabilitation. The single largest project to be funded is rehabilitation and/or replacement of corrugated metal pipe throughout western Chula Vista. CMP was typically used in the past for numerous drainage projects. CMP is much more prone to failure than the pipe currently installed for drainage projects. Each year through the regular CDBG budget process, funds are budgeted for the CMP program. However, with the higher than normal occurrence of corrosion, the annual funding cannot keep pace with the replacement need. It is projected that $3 million in Residential Construction Tax (RCT) funding will be targeted to the CMP program. While this amount will not enable the City to deal with all of the known CMP, it will enable the City to focus on those segments of CMP that pose the greatest risk for failure. Emerson Street Drainage. Work on this project will consist of installation of drainage improvements on Emerson Street from Elm Avenue to west of Third Avenue. This area is subjected to significant flooding which will be eliminated upon completion of the drainage upgrades. Beyond the Emerson Street project, there are a number of other existing drainage projects that may be undertaken as part of this financing plan. Issues such of right-of-way acquisition may play a role in those projects. For this project it is estimated that approximately $1.3 million in RCT funds will be used. Park Reconstruction. Chula Vista has 12 parks located in western Chula Vista and many of these parks are in disrepair and require upgrading. Also of importance is an attempt to increase the number of park acreage through acquisition of small in-fill vacant parcels. The following parks are targeted for funding. Eucalyptus Park Reconstruction. In August of 1998, the City developed a master plan for Eucalyptus Park. This report looked at the current conditions of the park and made recommendations for both renovation and the addition of new amenities. With a combination of Section 108 funds and RCT funds, the project is estimated to cost $6 million. The renovations would include providing new concession stand/storage areas; relocate and construct new restroom facilities; redesign and upgrade the parking facility; provide new backstops, dugouts, bleachers, lighting and site furnishings; relocate the tennis courts and playground. The new improvements would include new site furnishings; irrigation and landscaping, grading and drainage redesign to raise the elevation of the lower park and address groundwater/flooding issues; new concrete pathways, new handicapped accessible walkways and stairs from the upper park to the lower park; and the design and construction of restroom facilities and a maintenance building. Otay Park Renovation. Otay Park is a 4.2 acre facility that was originally constructed in 1974. The park currently offers turf areas, walkways, playground equipment, picnic tables, and a restroom. The City adopted a master plan for the park in 1994. As outlined in the master plan, the following upgrades would include upgrading the athletic field areas; installation of a landscaped buffer; construction of an elevated platform;, new children's play areas; new restroom and picnic area, along with new site furnishings. This project is estimated at $1.5 million and will be funded from RCT funds. City of Chuls Vista Section 108 Loan Application Page2 of 8 Women's Club Renovation. In January 2003, an architectural consultant was hired to perform an analysis of the Women's Club building from both a structural and code compliance point of view. The consultant was directed to provide a report of their findings to the City with the needed modifications including a cost estimate. The building was constructed in 1928 and is designated as a historic structure. The architectural analysis recommended modifications to the building which include removal of the kitchen flooring and some of the cabinetry; removal of restroom fixtures, restroom floor and wall finishes; construct a new addition with handicapped accessible restrooms in the northeast corner of the building; installation of new plumbing in restrooms and kitchen; new forced air for addition, and a new cooling unit for air conditioning of the assembly space, stage, board mom, kitchen and restreom. In addition, there are roughly thirty (30) other items that need to be addressed. The renovation is estimated at $450,000 and will be funded with RCT. Oxford Street Park Development. In February of this year, the City Council approved the purchase of approximately five (5) acres of property on the north side of Oxford Street between Broadway and Industrial Boulevard. It is the intention of the City to develop this property as a neighborhood park. Amenities will include new playground equipment; tot lot; skate area; multi-purpose sports field; basketball courts; picnic shelters; and pedestrian pathways connecting to the street and neighboring elementary school. The development cost of the park is estimated at $1,500,000 and will be funded from Section 108 loan funds. Assessment District Formation. In February 2000, the Engineering department prepared a study of the street network in the Montgomery Area and analyzed the improvements that would be needed on each street to bring it up to City standards. The estimated cost, not including drainage improvements, is $34 million. It has been the City's methodology to construct the missing improvements on specific streets through the creation of assessment districts, known as 1911 Act Districts. Under this policy, property owners on a specific block would get together and submit a petition to the City requesting consideration to form a district. It is typical, in these districts, for the property owner to be responsible for the costs associated with the sidewalk, curb, gutter, driveway apron and street widening. In the western portion of the City, and in the Montgomery area specifically, there have been very few of these assessment districts formed. Lack of interest is not the cause, however, but an economic reality. Typical costs to the resident forming an assessment district can exceed $12,000. However, the burden falls to those residents who are least likely to be able to afford the costs of creating an assessment district, but need it the most. It is typical for the term of the assessment to be 10 years at an annual interest rate of 7% (per the City's Municipal Code). For those homeowners barely able to afford what they have, it is difficult to entice them with the current assessment district formation policy. In order to encourage assessment district formation, a targeted program is being recommended. The idea is to establish a fund, estimated at $4,700,000, and offer an incentive to the neighborhoods agreeing to form assessment districts. The incentive would be in the form cf a reduction in the amount of the assessment, along with more of the infrastructure improvements being paid by the City. The cost to each homeowner would only be approximately $2,500. Of the $4.7 million, approximately $2.35 million would be specifically targeted to the Castle Park City of Chula Vista Section 108 Loan Application Page 3 of 8 Neighborhood Revitalization Program (discussed below). The remaining $2.35 will be targeted to those eligible census tracts located within the Montgomery Area. It is estimated that at least 12 assessments districts will be formed under this target program. Castle Park Neighborhood Revitalization Program. The Neighborhood Revitalization Program (NRP) is a unique effort by the City to change the future of its neighborhoods by making them better places to live, work, learn and play. Partnering and priority setting are at the heart of the NRP. The Castle Park area has been designated as a City NRP and is bounded by Naples Street to the north, Palomar Street to the south, Third Avenue to the west and Tobias on the east (see map No. 1). This area was identified because it serves as a continuation of the targeted street improvements previously identified; Naples Street serves as a link from residential neighborhoods in the Hilltop area to large commemial centers on Broadway and Third Avenue; the City's existing housing rehabilitation program has assisted several homeowners within this neighborhood, and continues to receive new requests for assistance from within the area; the neighborhood is located within walking distance of several schools and has heavy pedestrian traffic; and homeowners are investing in their properties by renovating and making significant exterior improvements and modifications. Residents and other neighborhood stakeholders identify and address resident concerns in partnership with City staff and other by developing a Neighborhood Action Plan. In addition, residents will form assessment districts for infrastructure improvements. Resoumes are designated to the target area that will assist in implementing infrastructure and property rehabilitation including landscaping and streetscape improvements. It is estimated that $3.18 million will be targeted to the Castle Park NRP and will come from a portion of the Section 108 loan funds, the City's Low and Moderate Income Housing Fund, and a contribution from the CDBG program. Fire Station Number 5 Replacement/Renovation. Fire Station No. 5 is located at the corner of Oxford Street and Fourth Avenue, in the Montgomery Area, and was constructed in 1957. The station was expanded in 1972 and has not been upgraded since. The station is undersized, but is located in a desirable location in terms of its service area. For program year 2003, CDBG funds are budgeted in the amount of $150,000 to per[orm a site analysis for the facility. The site analysis is currently underway and staff expects to have a clear picture of the financial costs associated with replacing/renovating the existing fire station within the next few months. Based on an initial inspection of the property and the estimated improvements necessary to increase the efficiency of the building, the construction costs are estimated at $2,400,000. It is recommended that Section 108 loan funds be used for this purpose. City of Chule Vista Section 108 Loan Application Page 4 of 8 II. Sources and Uses The following chart highlights the sources and uses for the Western Chula Vista Financing Plan. Section 108 $11,915,000 Street Improvement and $4,715,000 Assessment District Formation Fire Station No. 5 Replacement and Rehabilitation $2,400,000 Oxford Street Park Development $1,500,000 Residential Construction Tax Eucalyptus Park Reconstruction $9,000,000 Women's Club Renovation $3,300,000 $450,000 Otay Park Renovation $1,500,000 Emerson Street Drainage $730,000 Drainage Improvements $620,000 Corrugated Metal Pipe Replacement/Rehabilitation $3,000,000 CDBG $332,872 Low-Mod Income Housing Funds $500,000 Eucalyptus Park Reconstruction Neighborhood Image Campaign for Castle Park NRP Single-family rehabilitation for Castle Park NRP $2,700,000 $332,872 $500,000 TOTAL $21,746,872 TOTAL $21,746,872 III. Institutional Arran(~ements Principal Developer: The City of Chula Vista Engineering and Public Works Department will be responsible for all of the infrastructure improvements outlined in this application. With respect to the parks projects, the General Services Department will undertake all design, construction and project management activities. For the Castle Park NRP, the Community Development Department will do all of the community outreach; conduct inspections, with the assistance of the Building department; and ensure compliance with the CDBG regulations pertaining to rehabilitation activities, ~ Fifty percent of these funds will be targeted to the Castle Park NRP City of Chula Vista Section 108 Loan Application Page 5of8 ECluitv Soume: There is no equity source for the infrastructure improvements. The Castle Park NRP assistance will be in the form of a second trust deed loan to each homeowner and will be coming from the Low and Moderate Income Housing Fund. Permanent Loan: Not Applicable. Asset Ownership Upon Completion: Not Applicable. Section 108 Loan Borrower: The City of Chula Vista will be the borrower for the Section 108 loan, IV. Re~3ayment Schedule Based on the projected loan amount of $11,915,000 repayment will be amortized over a period of 20 years. The interest rate is based on the Three Month LIBOR (London Inter Bank Offer Rate), plus 20 basis points. As of the date of this application, the Three Month LIBOR rate was calculated at 1.34%. The annual debt service would be $681,124. Funds to pay the principal and interest on the Section 108 loan will be budgeted from Chula Vista's CDBG entitlement each year. V. Collateral In the event there is insufficient annual CDBG entitlement funds to repay the Section 108 loan, the City's General Fund will be responsible for the loan payments VI. Timeline and Stacles Corrugated Metal Pipe Replacement/Rehabilitation. The design is currently underway. Construction will be phased over a three (3) year period. Emerson Street Drainage. The design is currently underway. Construction is expected to begin in 2004. Eucalyptus Park Reconstruction. The Master Plan will start in November 2003 and is funded by RCT. The design phase will be completed by September 2004. Otay Park Renovation. The design phase will begin in December 2003 with construction starting in September 2004. Women'.s Club Renovation, The design phase will begin January 2004 with construction in September 2004. Assessment District Formation. Community meetings to form assessment districts began in October 2003. It is expected to have the 12 assessment districts formed Spring of 2004. City of Chula Vista Section 108 Loan Application Page 6 of 8 Castle Park NRP. Community meetings to discuss the Castle Park NRP have been scheduled. The purpose of the community meetings is to discuss with the neighborhood residents the formation of the Neighborhood Revitalization Program; the formation of assessment districts; housing rehabilitation program; and the neighborhood identity program. The Castle Park NRP will work in conjunction with the formation of the assessment districts which is expected to be formed Spring 2004. Construction of the street improvement, rehabilitation efforts, and identity program will begin June 2004 and continue until all 12 districts are completed. Fire Station 5. The design phase is scheduled to begin November/December 2003 and be completed by May 2004. VII. Eliclible Activity The eligibility requirements for each component of the Western Chula Vista Financing Plan allocating CDBG funds are as follows: · Assessment District Formation: 24 CFR, Part 570 - Community Development Block Grants { 570.201 (c) - Public Facilities and Improvements. Park Construction: 24 CFR, Part 570 - Community Development Block Grants {570.201(c) - Public Facilities and Improvements. This is for the Oxford Street Park Development and the Eucalyptus Park Reconstruction. · Castle Park NRP: 24 CFR, Part 570 - Community Development Block Grants {570.202(a)(1 ) - Eligible Rehabilitation and Preservation Activities. The activities not highlighted in this section will be funded from RCT and Low and Moderate Income Housing Funds. VIII. National Obiective The projects identified in section VII above meet the national objective to benefit a minimum of 51% Iow and moderate income residents as highlighted in 24 CFR, Part 570 - Community Development Block Grants, {570.208(a)(1). Villi. Public Benefits Standard Not Applicable. Meeting the public benefits standard only pertains to an economic development project as specified in 24 CFR, Part 570 - Community Development Block Grants, {570.209. City of Chula Vista Section 108 Loan Application Page 7 of 8 X. Contact Person If there are any questions regarding the Section 108 loan application you may contact: Judith Atwood Senior Community Development Specialist Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Phone: Fax: E-mail: 619-691-5036 619-585-5698 iatwood@ci.chula-vista.ca.us City of Chula Vista Section 108 Loan Application Page 8 of 8 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF THE CDBG SECTION 108 LOAN APPLICATION IN THE AMOUNT OF $11,915,000 FOR THE WESTERN CHULA VISTA FINANCING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, during the 2003-2005 budget presentations it was determined that Chula Vista needed to focus attention in western Chula Vista for infrastructure improvements; and WHEREAS, in order to facilitate these improvements it was recommended that Chula Vista apply for a Section 108 loan from the U.S. Department of Housing and Urban Development (HUD) in the amount of $11,915,000; and WHEREAS, the Community Development Block Grant (CDBG) program regulations at 24 CFR 570, subpart M allow a CDBG entitlement community to apply for Section 108 loan funds equating to five times the annual entitlement or $11,915,000; and WHEREAS, the Section 108 loan funds will be targeted within the Montgomery Area for street improvements/assessment district formation, fire station #5 replacement/rehabilitation, Oxford Street park development, and Eucalyptus Park reconstruction; and WHEREAS, in Section 108 loan in the amount of $11,915,000 will be amortized over 20 years and will require annual principal and interest payments in the amount of $681,124. The loan payment is calculated by using the 3-Month London Inter Bank Offer Rate. The loan payment will be paid from a portion of the City's annual CDBG entitlement; and WHEREAS, in the event that there is insufficient annual CDBG entitlement funds to repay the Section 108 loan, the City's General Fund will be responsible for the loan payments. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby conduct the public hearing to review and receive public comment regarding submittal of a CDBG Section 108 loan application in the amount of $11,915,000 for the Western Chula Vista Financing Plan to the U.S. Department of Housing and Urban Development and authorize submittal of the CDBG Section 108 loan application in the amount of $11,915,000 for the Western Chula Vista Financing Plan to the U.S. Department of Housing and Urban Development (HUD). Presented by Laurie Madigan Director of Community Development Approved as to form by J:\COMMDEV~RESOS\RESO - SECTION 108 LOAN APPLICATION,doc ClTt' OF Western Chula Financing Plan Section 108 Loan Application Backqround Chula Vista is San Diego County's second largest municipality with a population of approximately 191,000. The City covers approximately 50 square miles along the San Diego Bay and is surrounded by National City, the City of San Diego, and the unincorporated area. Two major north-south freeways, I-5 and 1-805 traverse Chula Vista. The area west of the 1- 805, known as '~vestern Chula Vista" is built-up and characterized by well-established neighborhoods with primarily infill and redevelopment residential construction activity. The area east if 1-805, known as "eastern Chula Vista" is comprised of large vacant tracts constituent to several master planned communities in various stages of development. With the increased new development occurring in eastern Chula Vista, the residents there are enjoying new school facilities, master planned parks, and viable commercial-retail growth. Western Chula Vista, on the other hand, is experiencing deteriorating infrastructure and recreation facilities, along with a lack of new commemial-retail expansion. In order to focus on improving the infrastructure in western Chula Vista, a non-traditional approach must be developed. Eastern Chula Vista has the revenue stream consisting of development impact fees to provide the streets, parks and public safety facilities required as a result of new development. Western Chula Vista has to rely on traditional funding sources for capital improvements that are not the result of impacts from new development. However, these same sources are often utilized to fund many of the City's operational activities which leaves less for capital purposes. Chula Vista has been a Community Development Block Grant entitlement community since 1975. Through the Section 108 loan program, Chula Vista is requesting financial assistance in the amount of $11,915,000 which equates to five times our annual entitlement of $2,383,000 received for program year 2003. The Section 108 loan funds will be focused in western Chula Vista and will be used to provide increased infrastructure improvements, park reconstruction, assessment district formation, and re-focus infrastructure and rehabilitation efforts within the Castle Park Neighborhood. I. Proiect Descril~tion The Western Chula Vista Financing Plan will be focused primarily in the Montgomery Area of Chula Vista. This area was annexed by Chula Vista from the County of San Diego in 1986. Prior to annexation into the City, the Montgomery area received little attention from the County for public improvements. Since annexation, the City has made a good effort to upgrade the public improvements in the area to bring it more in line with the rest of the City. The following categories highlight the activities that will be undertaken utilizing the funding as described on page 5 of this application. City of Chula Vista Section 108 Loan Application Page I of 8 Infrastructure Improvements, There are a significant number of infrastructure projects in western Chula Vista that need to be addressed. These include: Corrugated Metal Pipe (CMP) Replacement/Rehabilitation. The single largest project to be funded is rehabilitation and/or replacement of corrugated metal pipe throughout western Chula Vista. CMP was typically used in the past for numerous drainage projects. CMP is much more prone to failure than the pipe currently installed for drainage projects. Each year through the regular CDBG budget process, funds are budgeted for the CMP program. However, with the higher than normal occurrence of corrosion, the annual funding cannot keep pace with the replacement need. It is projected that $3 million in Residential Construction Tax (RCT) funding will be targeted to the CMP program. While this amount will not enable the City to deal with all of the known CMP, it will enable the City to focus on those segments of CMP that pose the greatest risk for failure. Emerson Street Drainage. Work on this project will consist of installation of drainage improvements on Emerson Street from Elm Avenue to west of Third Avenue. This area is subjected to significant flooding which will be eliminated upon completion of the drainage upgrades. Beyond the Emerson Street project, there are a number of other existing drainage projects that may be undertaken as part of this financing plan. Issues such of right-of-way acquisition may play a role in those projects. For this project it is estimated that approximately $1.3 million in RCT funds will be used. Park Reconstruction. Chula Vista has 12 parks located in western Chula Vista and many of these parks are in disrepair and require upgrading. Also of importance is an attempt to increase the number of park acreage through acquisition of small in-fill vacant parcels. The following parks are targeted for funding. Eucalyptus Park Reconstruction. In August of 1998, the City developed a master plan for Eucalyptus Park. This report looked at the current conditions of the park and made recommendations for both renovation and the addition of new amenities. With a combination of Section 108 funds and RCT funds, the project is estimated to cost $6 million. The renovations would include providing new concession stand/storage areas; relocate and construct new restroom facilities; redesign and upgrade the parking facility; provide new backstops, dugouts, bleachers, lighting and site furnishings; relocate the tennis courts and playground. The new improvements would include new site furnishings; irrigation and landscaping, grading and drainage redesign to raise the elevation of the lower park and address groundwater/flooding issues; new concrete pathways, new handicapped accessible walkways and stairs from the upper park to the lower park; and the design and construction of restroom facilities and a maintenance building. Otay Park Renovation. Otay Park is a 4.2 acre facility that was originally constructed in 1974. The park currently offers turf areas, walkways, playground equipment, picnic tables, and a restroom. The City adopted a master plan for the park in 1994. As outlined in the master plan, the following upgrades would include upgrading the athletic field areas; installation of a landscaped buffer; construction of an elevated platform;, new children's play areas; new restroom and picnic area, along with new site furnishings. This project is estimated at $1.5 million and will be funded from RCT funds. City of Chula Vista Section 108 Loan Application Page 2 of 8 Women's Club Renovation. In January 2003, an architectural consultant was hired to perform an analysis of the Women's Club building from both a structural and code compliance point of view. The consultant was directed to provide a report of their findings to the City with the needed modifications including a cost estimate. The building was constructed in 1928 and is designated as a historic structure. The amhitectural analysis recommended modifications to the building which include removal of the kitchen flooring and some of the cabinetry; removal of restroom fixtures, restroom floor and wall finishes; construct a new addition with handicapped accessible restrooms in the northeast corner of the building; installation of new plumbing in restrooms and kitchen; new fomed air for addition, and a new cooling unit for air conditioning of the assembly space, stage, board room, kitchen and restroom. In addition, there are roughly thirty (30) other items that need to be addressed. The renovation is estimated at $450,000 and will be funded with RCT. Oxford Street Park Development. In February of this year, the City Council approved the purchase of approximately five (5) acres of property on the north side of Oxford Street between Broadway and Industrial Boulevard. It is the intention of the City to develop this property as a neighborhood park. Amenities will include new playground equipment; tot lot; skate area; multi-purpose sports field; basketball courts; picnic shelters; and pedestrian pathways connecting to the street and neighboring elementary school. The development cost of the park is estimated at $1,500,000 and will be funded from Section 108 loan funds. Assessment District Formation. In February 2000, the Engineering department prepared a study of the street network in the Montgomery Area and analyzed the improvements that would be needed on each street to bring it up to City standards. The estimated cost, not including drainage improvements, is $34 million. It has been the City's methodology to construct the missing improvements on specific streets through the creation of assessment districts, known as 1911 Act Districts. Under this policy, property owners on a specific block would get together and submit a petition to the City requesting consideration to form a district. It is typical, in these districts, for the property owner to be responsible for the costs associated with the sidewalk, curb, gutter, driveway apron and street widening. In the western portion of the City, and in the Montgomery area specifically, there have been very few of these assessment districts formed. Lack of interest is not the cause, however, but an economic reality. Typical costs to the resident forming an assessment district can exceed $12,000. However, the burden falls to those residents who are least likely to be able to afford the costs of creating an assessment district, but need it the most. It is typical for the term of the assessment to be 10 years at an annual interest rate of 7% (per the City's Municipal Code). For those homeowners barely able to afford what they have, it is difficult to entice them with the current assessment district formation policy. In order to encourage assessment district formation, a targeted program is being recommended. The idea is to establish a fund, estimated at $4,700,000, and offer an incentive to the neighborhoods agreeing to form assessment districts. The incentive would be in the form of a reduction in the amount of the assessment, along with more of the infrastructure improvements being paid by the City. The cost to each homeowner would only be approximately $2,500. Of the $4.7 million, approximately $2.35 million would be specifically targeted to the Castle Park City of Chula Vista Section 108 Loan Application Page 3 of 8 Neighborhood Revitalization Program (discussed below). The remaining $2.35 will be targeted to those eligible census tracts located within the Montgomery Area. It is estimated that at least 12 assessments districts will be formed under this target program. Castle Park Neighborhood Revitalization Program. The Neighborhood Revitalization Program (NRP) is a unique effort by the City to change the future of its neighborhoods by making them better places to live, work, learn and play. Partnering and priority setting are at the heart of the NRP. The Castle Park area has been designated as a City NRP and is bounded by Naples Street to the north, Palomar Street to the south, Third Avenue to the west and Tobias on the east (see map No. 1). This area was identified because it serves as a continuation of the targeted street improvements previously identified; Naples Street serves as a link from residential neighborhoods in the Hilltop area to large commercial centers on Broadway and Third Avenue; the City's existing housing rehabilitation program has assisted several homeowners within this neighborhood, and continues to receive new requests for assistance from within the area; the neighborhood is located within walking distance of several schools and has heavy pedestrian traffic; and homeowners are investing in their properties by renovating and making significant exterior improvements and modifications. Residents and other neighborhood stakeholders identify and address resident concerns in partnership with City staff and other by developing a Neighborhood Action Plan. In addition, residents will form assessment districts for infrastructure improvements. Resources are designated to the target area that will assist in implementing infrastructure and property rehabilitation including landscaping and streetscape improvements. It is estimated that $3.18 million will be targeted to the Castle Park NRP and will come from a portion of the Section 108 loan funds, the City's Low and Moderate Income Housing Fund, and a contribution from the CDBG program. Fire Station Number 5 Replacement/Renovation. Fire Station No. 5 is located at the corner of Oxford Street and Fourth Avenue, in the Montgomery Area, and was constructed in 1957. The station was expanded in 1972 and has not been upgraded since. The station is undersized, but is located in a desirable location in terms of its service area. For program year 2003, CDBG funds are budgeted in the amount of $150,000 to perform a site analysis for the facility. The site analysis is currently underway and staff expects to have a clear picture of the financial costs associated with replacing/renovating the existing fire station within the next few months. Based on an initial inspection of the property and the estimated improvements necessary to increase the efficiency of the building, the construction costs are estimated at $2,400,000. It is recommended that Section 108 loan funds be used for this purpose. City of Chula Vista Section 108 Loan Application Page 4 of 8 IL Sources and Uses The following chart highlights the sources and uses for the Western Chula Vista Financing Plan. Section 108 $11,915,000 Street Improvement and $4,715,000 Assessment District Formation Fire Station No. 5 Replacement and Rehabilitation $2,400,000 Oxford Street Park Development $1,500,000 Residential Construction Tax Eucalyptus Park Reconstruction $9,000,000 Women's Club Renovation $3,300,000 $450,000 Otay Park Renovation $1,500,000 Emerson Street Drainage $730,000 Drainage Improvements $620,000 Corrugated Metal Pipe Replacement/Rehabilitation $3,000,000 CDBG $332,872 Low-Mod Income Housing Funds $500,000 Eucalyptus Park Reconstruction Neighborhood Image Campaign for Castle Park NRP Single-family rehabilitation for Castle Park NRP $2,700,000 $332,872 $500,000 TOTAL $21,746,672 TOTAL $21,746,672 III. Institutional Arram3ements Principal Developer: The City of Chula Vista Engineering and Public Works Department will be responsible for all of the infrastructure improvements outlined in this application. With respect to the parks projects, the General Services Department will undertake all design, construction and project management activities. For the Castle Park NRP, the Community Development Department will do all of the community outreach; conduct inspections, with the assistance of the Building department; and ensure compliance with the CDBG regulations pertaining to rehabilitation activities. 1 Fifty percent of these funds will be targeted to the Castle Pad( NRP City of Chula Vista Section 108 Loan Application Page 5 of 8 Eauitv Source: Thero is no equity spume for the infrastructure improvements. The Castle Park NRP assistance will be in the form of a second trust deed loan to each homeowner and will be coming from the Low and Moderate Income Housing Fund. Permanent Loan; Not Applicable. Asset Ownership Upon Completion: Not Applicable. Section 108 Loan Borrower: The City of Chula Vista will be the borrower for the Section 108 loan. IV. Repayment Schedule Based on the projected loan amount of $11,915,000 repayment will be amortized over a period of 20 years. The interest rate is based on the Three Month LIBOR (London Inter Bank Offer Rate), plus 20 basis points. As of the date of this application, the Three Month LIBOR rate was calculated at 1.34%. The annual debt service would be $681,124. Funds to pay the principal and interest on the Section 108 loan will be budgeted from Chula Vista's CDBG entitlement each year. V. Collateral In the event there is insufficient annual CDBG entitlement funds to repay the Section 108 loan, the City's General Fund will be responsible for the loan payments VI. Timeline and Staqes Corrugated Metal Pipe Replacement/Rehabilitation. The design is currently underway. Construction will be phased over a three (3) year period. Emerson Street Drainage. The design is currently underway. Construction is expected to begin in 2004. Eucalyptus Park Reconstruction. The Master Plan will start in November 2003 and is funded by RCT. The design phase will be completed by September 2004. Otay Park Renovation. The design phase will begin in December 2003 with construction starting in September 2004. Women's Club Renovation. The design phase will begin January 2004 with construction in September 2004. Assessment District Formation. Community meetings to form assessment districts began in October 2003. It is expected to have the 12 assessment districts formed Spring of 2004. City of Chula Vista Page 6 of 8 Section 108 Loan Application Castle Park NRP. Community meetings to discuss the Castle Park NRP have been scheduled. The purpose of the community meetings is to discuss with the neighborhood residents the formation of the Neighborhood Revitalization Program; the formation of assessment districts; housing rehabilitation program; and the neighborhood identity program. The Castle Park NRP will work in conjunction with the formation of the assessment districts which is expected to be formed Spring 2004. Construction of the street improvement, rehabilitation efforts, and identity program will begin June 2004 and continue until all 12 districts are completed. Fire Station 5. The design phase is scheduled to begin November/December 2003 and be completed by May 2004. VII. Eli(3ible Activity The eligibility requirements for each component of the Western Chula Vista Financing Plan allocating CDBG funds are as follows: · Assessment District Formation: 24 CFR, Part 570 - Community Development Block Grants § 570.201 (c) - Public Facilities and Improvements. Park Construction: 24 CFR, Part 570 - Community Development Block Grants §570.201 (c) - Public Facilities and Improvements. This is for the Oxford Street Park Development and the Eucalyptus Park Reconstruction. Castle Park NRP: 24 CFR, Part 570 - Community Development Block Grants §570.202(a)(1 ) - Eligible Rehabilitation and Preservation Activities. The activities not highlighted in this section will be funded from RCT and Low and Moderate Income Housing Funds. VIII. National Obiective The projects identified in section VII above meet the national objective to benefit a minimum of 51% Iow and moderate income residents as highlighted in 24 CFR, Part 570 - Community Development Block Grants, §570.208(a)(1). Villi. Public Benefits Standard Not Applicable. Meeting the public benefits standard only pertains to an economic development project as specified in 24 CFR, Part 570 - Community Development Block Grants, §570.209. City of Chula Vista Section 108 Loan Application Page 7 of 8 X. Contact Person If there are any questions regarding the Section 108 loan application you may contact: Judith Atwood Senior Community Development Specialist Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Phone: Fax: E-mail: 619-691-5036 619-585-5698 iatwood@ci.chula-vista.ca.us City of Chula Vista Section 108 Loan Application Page 8 of 8 COUNCIL AGENDA STATEMENT Item No: Meeting Date: ITEM TITLE: REPORT; General Plan Update Status and Overview of Land Use Concepts to be Evaluated SUBMITTED BY: Acting Director of Planning and BuildingJ~ City Manage~ i2~ 14/Sths Vote: Yes__ No X ) REVIEWED BY: Since the last General Plan Update (GPU) status report to Council, staff has received community input from the Town Hall II meeting regarding broad land use concepts, and has worked with RBF Consulting to refine that input into more distinct concept proposals within each of the three major planning subareas. Staff and select consultants have also completed, and reviewed with the GPU citizen committees, the numerous Areawide Studies assessing existing conditions and identifying related planning issues and policy implications. This report summarizes the outcomes of these activities, and provides an opportunity for Council input as the City enters the next phase of the GPU program which involves review and testing of the concepts, the preparation of alternatives, and the preparation of plan objectives and policies. RECOMMENDATION: That the City Council accept the report, and indicate if the breadth of the land use concepts is sufficient for the purposes of evaluation. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Tonight's report and presentation are structured to cover the following four topics: · Overview of the purpose of the General Plan Update, and its strategic relationship to other active and pending major projects, programs and Council initiatives. · Progress of the GPU effort and upcoming activities. · Overview of key Planning Issues and Policy Implications identified through the Areawide (background) Studies, which the GPU will need to address. Overview of the Land Use and Transportation Concepts to be initially tested. The subsequent text of this report is intended to provide a brief summary of each topic, which will be further elaborated upon by staff's oral and slide presentation. Page 2, Item No.: ;/{~ Meeting Date: ! 0/28/03 General Plan Update purpose and strategic relationships to other active and pending major projects, programs and Council initiatives - The General Plan Update (GPU) provides a unique, periodic opportunity to comprehensively re- establish the long-term vision for the City with the community, and to re-tool the framework of policies and programs that will shape and guide overall growth and development activities toward that vision. General Plans are typically revisited every 10+ years in order to review the city's future course considering both internal and external changes. This GPU for Chula Vista comes at a particularly important time as the City positions itself to address internal changes surrounding the revitalization and redevelopment of westem Chula Vista and the bayfront, as well as to changes in regional growth and development patterns which have resulted in an expanded role and stature for Chula Vista. The beginnings of this change in direction are taking form through a number of active or pending planning and program initiatives arising from Council's adoption of 5 Strategic Themes. Following are some of the most notable among these: · Economic Development Strategy · City Image Campaign · 1-5 Corridor Study · Broadway Revitalization Strategy · Urban Core Specific Plan · Chula Vista Bayfront Master Plan · WCV Parks Master Plan · Transit First Program · MSCP · Sustainable Development · Historic Preservation The above programs/plans and others all fall within the framework of the City's General Plan. The goals and policies of the General Plan are what tie them all together. Once the updated General Plan is approved both the development community and the commtmity at large can be assured that future development will be consistent with the policies contained within. Progress of the GPU effort and upcoming activities - As highlighted in the last GPU status report to Council in June 2003, the GPU program is comprised of four phases. As summarized below, Phases One & Two are completed, and we are currently in Phase Three, which will continue through the end of December 2003. Phase Four involves the preparation of final General Plan documents and the formal public review, hearings Page 3, Item No.: }~_.. Meeting Date: ! fl/28/03 and adoption process, which will begin in November and continue through June 2004. Completed Phases' Phase One included the initial Town Hall meeting in April 2002, the Visioneering Program conducted fzom May-September 2002, and concluded with the establishment of the four GPU Citizen Committees in October 2002. A Preliminary Issues Report based on the Visioneering Program inputs was published in November 2002. Phase Two included the review of these issues with the citizen committees, the development of a Draft Vision & Goals Report (May 2003) previously presented to Council, and the completion of the 27 "Areawide Studies" presenting background conditions spanning numerous topics from infrastructure and services, to demography, to environmental baseline conditions. Each Areawide Study identified "planning issues and policy implications" for the GPU to address, and which collectively provide the framework and direction for developing GP objectives and policies, and refining alternatives. An overview of these issues and implications is presented in another section in this report. Cnrrent Phase' Phase Three is focused on draft Plan Alternatives and Policy Development, and got underway with the Town Hall meeting on June 21, 2003, at Bonita Vista High School. The Town Hall meeting was attended by approximately 150 people, and staff received feedback on a broad range of potential land use concepts within each of the three major planning subareas; Northwest, Southwest and East/Otay Ranch. As many areas of the City are considered to be stable, and are not be recommended for any General Plan change, the proposed land use concepts focused on specific "opportunity areas" where changes are most appropriate and/or likely to occur. Using the outcomes of the Town Hall, along with previous inputs from the citizen committees and the public, staff has been working with RBF Consulting to assemble three, more distinct land use and transportation concepts within each of three major planning subareas (northwest, southwest, and east/Otay Ranch). These Concept Plans (briefly described in a separate section in this report) will now be initially tested against evaluation criteria for the purpose of providing comparative information to assist the public and the City in further review and refinement, and the preparation of the proposed GP alternatives. llpeoming Activities' The Concept Plans and the results ofthe initial testing will be presented to the public at a series of commtmity meetings to be held in November. One meeting will be held in each major planning subareas (Northwest, Southwest and East/Otay Ranch), and are currently scheduled for November 15, 17 and 19. Staff is working with RBF Consulting on the interactive workshop format, and the preparation and advance distribution of a "newsletter" publication that will notice the meetings, profile issues facing the City, and discuss how General Plan alternatives could respond. Staff will also be working (thru the Public Information Office) with local news media to stimulate public interest and awareness. Page 4, Item No.: Meeting Date: ~ During November, staff will then use the input from these meetings to develop proposed alternatives, and a draft preferred alternative for review with the citizen committees and the City Council in December. Beginning in October and continuing into January, staff will also be working with the citizen committees in the preparation of draft General Plan Elements. Overview of Key Planning Issues and Policy Implications - As mentioned earlier, the GPU staff and consulting team have completed, and reviewed with the citizen committees 27 Areawide Studies. The Studies provide backgrotmd information and an assessment of existing and forecasted conditions to serve as a technical foundation for the GPU. As part of this technical foundation, each of the Studies contains a "Planning Issues and Policy Implications" section identifying initial conclusions as to the beating of the Study's information on the GPU. Copies of the Areawide Studies are available to the public through the Planning and Building Department, and are referenced as part of the GPU portion of the City's website. Attachment 1 provides a summary list of some of the key items identified by the Studies, and has been divided into the following five (5) subject categories: Land Use and Community Character Economic Development/Fiscal Public Facilities and Services Traffic and Transportation Environmental Staff will be using these the issues and implications as a partial basis for continuing work with the committees to develop land use and transportation altematives, as well as draft objectives and policies for the various General Plan Elements. It should also he noted that on November 4, staff will be providing an update to Council on westem Chula Vista planning activities and project efforts. While not specifically focused on the GPU, that report will provide an opportunity to further highlight and discuss some of the key issues identified in the GPU studies. Overview of Land Use and Transportation Concepts- Pursuant to State law, General Plan updates are required to consider a range of alternatives for the community's future. This process allows the community to explore the potential outcomes and effects of different approaches to attaining the desired vision. The process typically starts with a range of ideas and concepts that are refined into final alternatives, and ultimately, a preferred altemative that is presented as the proposed, updated General Plan. Page 5, Item No.: Meeting Date: ~ At the Town Hall II meeting on June 21, 2003, the GPU team presented a broad range of potential development concepts within generalized "oppommity areas" where future growth and development changes would be most logically directed, or would be most likely to occur. Those concepts were based on previous inputs, the "visioneering" program, and the Draft Vision and Goals report prepared through the four citizen committees. The public was asked to indicate whether the concepts reflected a valid range of considerations for future evaluation, and what their personal likes or dislikes were among the concepts. With minor exceptions, the public generally found the range of concepts to be valid, and offered numerous comments about particular likes and dislikes. A copy of the Town Hall 1I Summary Report is provided as Attachment 2. Using the outcomes of Town Hall 1I, along with earlier public and other inputs, staff has been working with RBF Consulting to prepare more distinct Land Use Concepts that can be quantified for the purposes of initial testing. A range of three (3) Concepts (A, B, C) has been prepared for each of the three major planning subareas (northwest, southwest, and east/Otay Ranch) for the purposes of review. Each of the major subareas has been broken down into sub-districts for presenting the proposals. Staffs oral and slide presentation will provide a brief overview of concepts A, B and C within each of the major subareas. The Concepts do not represent a range of intensity fi:om least to most, but rather are assembled to reflect varying options in the locations, combinations and arrangement of uses. All the Concepts consider smart growth principles previously discussed with Council, and take into consideration of existing and future transit networks, and the need to better integrate land uses, transit and pedestrian friendliness. The Concepts are intended to reflect a range of options to be evaluated to identify their initial viability and related effects. As noted earlier in the report, the Concepts will be reviewed with the public in a series of three community meetings set for November 15, 17 and 19. At those meetings, the public will be able to discuss the Concepts with the GPU staff and consulting team, make suggestions for refining them, and indicate their particular preferences among the Concepts with respect to the various sub- districts. The purpose of presenting the Concepts tonight is to brief the Council on what will be presented to the public in November, and allow Council the oppommity to indicate to staff if the breadth of the Land Use Concepts is sufficient for the purposes of conducting initial tests. For example, sufficient breadth could include such considerations as to whether, across the Concepts, proposed land uses reflect densities and intensities envisioned for the revitalization and redevelopment of the downtown area, if desired future employment lands have been addressed, and/or whether the range of residential proposals affords desired future housing opportunities. Council is not being asked at this time to comparatively discuss the Concepts, indicate preferences, or to take any specific action on them. Rather, Council should indicate to staff if there is any land use concept in any area that is desired to be considered, but has not been included in any of the Concepts. Staffwill be returning to Council in December with the outcomes of the initial testing and the public review meet'mgs, in Page 6, Item No.: Meeting Date: ~ order to receive Council input as to proposed GP altematives to be developed from that review and testing, and a preferred alternative to become the proposed, updated General Plan. Completion of the General Plan documents and the EIR would be based on those alternatives. Attachments 1. Summary List of Key Planning Issues & Policy Implications 2. Town Hall II Summary Report J:~Planning~ED\GP Work Pro~-ams\CC Status Report 10-28~03v3 doc SUMMARY OF KEY PLANNING ISSUES/POLICY IMPLICATIONS IDENTIFIED THROUGH THE GPU AREAWIDE STUDIES AND OTHER INPUTS- Through preparation of the 27 Areawide Studies (identifying existing conditions and background assessments), as well as inputs from the public and the four citizen committees as part of the early public outreach program, numerous "planning issues and policy implications" were identified for the General Plan Update (GPU) to consider. Following is a summary listing of some of those issues and implications considered to be fundamental, or foundational to the GPU effort. More complete listings and discussions can be found in the Areawide Studies. LAND USE & COMMUNITY CHARACTER · Better fie the location of housing and employment to existing and future transit stations and conidors. · Strongly support a balanced mix of uses in neighborhood areas, and the location of employment centers to minimize motor vehicle trips. · Establish "mixed use" designations and related provisions. · Encourage land use mixes and design that promote energy efficiency, including mixed use development, site design, building design, pedestrian friendliness, and the integration of alternative modes of travel. · Preserve existing, stable single-family neighborhoods in western Chula Vista. · Retain the "small town" character and charm of Chula Vista while providing opportunities for growth and redevelopment. · Enhance community cohesion between eastern and western CV through complimentary land uses and better, more convenient transportation linkages. · Establish downtown CV (Third Ay. and surroundings) as the heart of the City, and the City's primary cultural, entertainment and restaurant district. · Address the future disposition of the South Bay Power Plant site. · Balance development with environmental preservation and public open space protections in the bayfront area. · Preserve and enhance prominent and important viewsheds, particularly between WCV and the bay. · Improve the image of Chula Vista along major edges and corridors, and at key gateways, through land use, streetscape and landscape policies and guidelines. Incentivize and prioritize improvements to the most visible and used areas. · Balance historic preservation with the need to revitalize and redevelop areas of WCV through policies and guidelines that address architectural treatments, streetscape design, and consider approaches such as adaptive reuse. · Incorporate policies that assist the City in meeting its source reduction, muse and recycling goals for solid and hazardous waste. · Consider locating "general areas" permissible for the consideration of hazardous waste treatment, storage and/or disposal facilities away from watershed areas, and the possible elimination of the bayfront and SR-54 "general areas". ATTACHMENT 1 Page 1 of 4 ECONOMIC DEVELOPMENT / FISCAL · Expand Chula Vista's employment base to add higher value jobs so residents can earn sufficient wages locally to afford local housing costs, and thereby reduce the need to commute. · Ensure an adequate supply of multi-family and affordable housing to meet the needs of service workers, and to promote a better jobs/housing balance. · Provide sufficient opportunities for retaining and expanding local small businesses in both new development and redevelopment. · Recognize the important role that arts and culture (and related facilities and venues) play in creating catalysts for economic development and revitalization. · Identify and clarify the unique and complimentary roles that our major activity centers (including the bayfront, Chula Vista Center, downtown Third Ave., and the Eastern Urban Center) will play in relation to one another. · Promote the University and educational excellence toward ensuring a well trained and skilled workforce. Provide for a land use plan that generates sufficient revenues to provide and sustain facilities and services to maintain the quality-of-life desired by the community. PUBLIC FACILITIES & SERVICES · Emphasize the role of art and culture in establishing the City's social fabric and identity, and provide policies to establish an arts and culture district in downtown Chula Vista, and encourage related facilities to locate there. · Provide policies to address future school facility needs in WCV through either the horizontal or vertical expansion of existing sites, or the identification of the need for new sites. · Carefully evaluate opportunities for joint use of school sites in terms of shared field/recreation and facility space, and consider policies that would emphasize school sites as neighborhood and community centers. · Consider incorporating policies addressing the provision of sufficient health and human services and facilities, and emphasizing these as a core aspect of the community and healthy lifestyles for Chula Vistans. · Address long-term water supply, and balance development in accordance with that supply. · Consider existing "deficient" conditions in WCV (e.g. parks, drainage, select SW area street improvements) in addition to the demands created by new growth and development. Promote eqitable facility provision between eastern and western CV, particularly park and recreation facilities. · Develop a funding and financing program for needed infrastructure in WCV. · Consider the effects of potential density and building height increases in WCV and the bayfront on fire service, equipment, facilities/station locations and personnel. ATTACHMENT 1 Page 2 of 4 · Water system improvements needed in WCV to meet increased fire flow demands generated by potential redevelopment and intensification. · Take into consideration the community's long-term energy demands and the reliability of supply. · Ensure the GPU adequately addresses drainage provisions and requirements stemming from the National Pollution Discharge Elimination System 0NPDES) program. · Integrate appropriate content from the existing Child Care Element into a chapter within the new, integrated Public Facilities and Services Element. TRAFFIC & TRANSPORTATION · Integrate and promote the South Bay Transit First Plan as a foundation of the GP's land use and transportation system. · Advocate regional planning and coordination to ensure that Chula Vista's transit and roadway system connects to a viable, regional system. · Promote urban mobility concepts that seek to emphasize land use mix, integration and vibrance, pedestrian friendliness and transit orientation over past predominant emphasis on automobile accommodation. · Advocate Transportation Demand Management (TDM) concepts. · Develop a transportation system that better links eastern and western Chula Vista, particularly the major activity and employment centers. · Provide for an integrated network of sidewalks, bike paths and trails to connect neighborhoods and activity centers throughout the City. ENVIRONMENTAL · Ensure preservation of the Planning Areas unique open space features and natural resources. · Ensure protection of the Bay and adjoining resources in the bayfront area. Provide an integrated open space and trails framework for ongoing bayfront planning actions. · Achieve consistency between the General Plan, the Otay Ranch Resource Management Plan (RMP), and the recently adopted CV MSCP Subarea Plan with regard to land use designations, boundaries, conservation percentages, restoration requirements and policy language. Reconcile the standards and locations for trails within the Greenbelt with the MSCP Subarea Plan. Include trails policies and guidelines within the GP that would lead to the preparation of a citywide Trails Master Plan. · Reconcile the location/boundaries of the University site on the General Plan with those analyzed in the MSCP Subarea Plan. · Reconcile GP discussions of public facilities with the discussion of allowable facilities within the Preserve as identified in the MSCP Subarea Plan, · Reconcile the GP Circulation Element roadways to remove those segments that were explicitly excluded from coverage in the MSCP Subarea Plan. ATTACHMENT 1 Page 3 of 4 · Ensure any proposed alignments/realignments of roadways are consistent with the MSCP Subarea Plan. · Incorporate mineral resources management policies into the GP in conformance with state guidelines. Revise the GP to reflect the restrictions placed on mining / extractive uses (in the Otay River Valley) as identified in the MSCP Subarea Plan. Address any potential inconsistencies or conflicts with SMARA's significant mineral resource designations in Otay Valley. · Provide for adequate, interconnected open space and parklands in western CV to offset the effects of potential increased density or intensity of development. · Expand upon urban, community-based green infrastructure that is distinct from habitat conservation (e.g. community and pocket parks, canyons, community and roof gardens, vegetated drainage swales, landscaped driveway strips, etc.). · Provide GP goals, objectives and policies to support acquisition or easement dedication of open space within the Greenbelt, and encourage connections with the regional trails system. · Promote and incentivize sustainable development concepts in the GP through policies related to the CO2 Reduction Plan, Energy Action Plan, Water Conservation and Air Quality Improvements Plans, recycling, source reduction, resource conservation, renewable energy sources (solar/wind), and other efforts that have occurred subsequent to the last comprehensive update in 1989. · Establish policies promoting energy efficiency, including the encouragement of potential additional cogeneration facilities in CV. · Consider establishing an "environmental technology" industry overlay near the landfill to promote the location of industries involved in recycling, materials reuse, and other sustainable development related pursuits. · Address the future disposition of the South Bay Power Plant, and potential reuse of all or a portion of the site. · Incorporate appropriate noise standards into the GP which currently does not address noise, along with policies and guidelines regarding land use, traffic calming and other techniques to manage noise levels. ATTACHMENT 1 Page 4 of 4 CITY OF CHULA VISTA GENERAL PLAN UPDATE TOWN HALL II COMMUNITY INPUT MEETING RESULTS Saturday, June 21, 2003 Bonita Vista High School SUMMARY REPORT August 2003 Published by City of Chula Vista Planning and Building Department CONTENTS INTRODUCTION Town Hall II Public Meeting DRAFT VISION AND GOALS EXERCISE COMMUNITY FEEDBACK FORMS Southwest Planning Area East/Otay Ranch Planning Area Northwest Planning Area Citywide and Regional Concepts and Plans NEXT STEPS PLANNING OPPORTUNITY AREAS MAP APPENDICES Appendix A. Draft Vision and Goals Exercise Results Appendix B. Community Feedback Form Responses (available under separate cover) Page 1 2 3 5 5 7 12 15 19 INTRODUCTION Chula Vista is updating its General Plan, the City's long-term strategy to address community planning issues and future growth and development. The General Plan Update looks ahead approximately 20 years at future growth and development, evaluates its effects and identifies ways to maintain and enhance the overall quality of life. Public outreach and input are central to this effort, and a four-phase program is under way to involve the public in the General Plan Update process. Phase I (April - October 2002) A Community Festival held in April 2002 kicked off Phase I of the public outreach program, and included an initial Town Hall discussion on planning issues. Following this meeting, the City conducted a "Visioneering Program" that engaged citizen volunteers to assist in gathering public input about the community's likes, dislikes and hopes and fears for the future. This phase of the program generated over 4,000 public comments relating to the General Plan, and culminated with establishment of four citizens advisory committees, including a General Plan Update Steering Committee, and subcommittees for Economic Development; Environment, Open Space and Sustainable Development; and Infrastructure and Services. Phase II (November 2002 - August 2003) Phase II of the program addressed planning issues, and vision and goals. A Preliminary Issues Report was produced and reviewed by the citizens committees. Based upon these discussions, the Steering Committee synthesized the resulting information into a Draft Vision and Goals Report. Through the public outreach process, seven major General Plan Update themes were identified: 1) Strong Community Character & Image 2) Healthy & Sustainable Economy 3) Strong & Safe Neighborhoods 4) Improved Mobility 5) Healthy & Sustainable Environment 6) High Quality Community Services 7) Effective Growth Management & Plan Implementation Phase III (June - November 2003) A second Town Hall meeting launched Phase III of the program to begin the process of drafting plan alternatives and developing policies, and is the subject of this report. Community meetings will be a key part of Phase Ill, leading to a third Town Hall meeting in November. Page 1 of 19 · Phase IV (November 2003 - June 2004) Phase IV will consist of preparing the General Plan document, holding public hearings and adopting the plan. TOWN HALL II PUBLIC MEETING On Saturday, June 21, 2003, the City of Chula Vista held a Town Hall public meeting at the Bonita Vista High School Gymnasium from 9:00 a.m. to 1:00 p.m. The primary purpose of this Town Hall Meeting was to begin the process of preparing and evaluating preliminary concepts that would be the focus of further study. To that end, the meeting provided: An orientation on the City's General Plan Update, including key issues, the draft Vision and Goals Report, and major citywide planning framework considerations, such as the Economic Development Strategy and the Transit First Program. An opportunity to review a range of initial proposed land use and transportation concepts within various "Planning Opportunity Areas," and to register preferences on these concepts and to suggest other concepts. · An understanding of the next steps in the process and how to stay informed and involved. Public input at the Town Hall meeting was encouraged through two primary means: An exercise where participants could express which proposed General Plan Update goals they felt were most important. An opportunity for making additional comments was also furnished. Completion of Community Feedback Forms for potential land use and transportation concepts in different geographic areas of the City, as well as for some citywide and regional concepts and plans. Respondents were asked to indicate whether they liked, disliked or had no opinion about these concepts, and were also provided an opportunity to furnish additional written comments. Responses tabulated through these efforts are included in appendices to this report, and results are summarized in the following sections. Page 2 of 19 DRAFT VISION AND GOALS EXERCISE Draft General Plan Update Goals were displayed on seven boards at one of the Town Hall meeting stations, with each board containing the proposed goals for one of the seven major themes defined through the initial public outreach program and the efforts of the citizens committees. A total of 64 goals were identified under these themes. Participants were asked to place the 12 dots that were allocated per person next to the goals that were most important to them. In all, over 1,200 dots were placed on the theme boards, indicating that about 100 individuals participated in the exercise. In addition, participants were provided post-it notes to register additional written comments responding to the draft vision and goals. The table in Appendix "A" lists the draft goals by theme, the number of dots that were posted for each goal and for each theme, as well as the other written comments that were received. The figure below illustrates the distribution of dots among the seven major themes. GENERAL PLAN UDPATE THEMES NumberofDo~ 50 1~0 150 200 250 While Theme A, "Strong Community Character and Image," received the most dots, which is consistent with results of previous public outreach efforts, all of the themes received at least 8% of the dots, and none received as much as 25%. /; -15 Page 3 of 19 The "top 10" goals (based upon receiving the most dots, with a tie for No. 10) are listed below. These goal statements are labeled as they appear in Appendix "A" (with the number of dots received for the respective goals shown in parentheses). 1) E3. Preserve and enhance the City's natural resources, including the Bayfront, by incorporation into an expanded open space system, recognizing that open space, habitats and corridors are critical to the integrity of the system and the sustainability of these natural resources. (114) 2) A6. Protect and preserve the City's important historic resources through a comprehensive approach to historic preservation. (68) 3) A8. Define the City's form and character through preservation of natural landforms, habitats and historic resources, including the Chula Vista Greenbelt, which serves as a border for the City. (61) 4) B7. Support small and mid-sized businesses that are economically and environmentally sustainable, and neighborhood based. (57) 5) C1. Revitalize deteriorating neighborhoods and maintain and enhance the quality of stable neighborhoods. (45) 6) B4. Plan and develop the Third Avenue corridor between E and H Street to strengthen its position as the City's business, cultural and entertainment hub. (43) 7) Al. Support academic excellence throughout the city at all levels, including attracting a major four-year college or university, and encouraging expansion of Southwestern College. (41) 8) El. Balance the City's future demands for water in relation to planned water supply, and minimize the impacts of growth and development on water resources and water quality. (40) 9) G5. Implement and regulate development in ways that will protect the significant natural environment and create high quality urban environments for living and working. (37) 10) A3. Establish a landmark park or public space as a point of common identity serving the entire City as a central gathering place. (36) Dll. Provide convenient, affordable and efficient alternatives to the automobile to reduce the impact of growth on the road system. (36) Page 4 of 19 COMMUNITY FEEDBACK FORMS A total of 57 completed response forms were received. The tabulated results are presented in Appendix "B". The response forms were designed to work in concert with four informational stations covering three broad geographic areas of the City - Southwest, East/Otay Ranch, Northwest - plus one for citywide and regional concepts and plans. The stations displayed maps, photographs and other information. Small group presentations were made at each station to introduce the planning concepts considered. Each of the larger geographic areas included smaller geographic sub-areas, with one or more concepts presented for each sub-area. The "Downtown District (NW-1)" and the "H Street Corridor (NW-3)" sub-areas were, for instance, among those grouped in the Northwest planning area. A composite map shows all of the sub-areas, identified as "planning opportunity areas" (see the map following page 19). These areas were identified based upon such factors as transportation corridors and links, pending plans and development proposals, and the potential for change. The citywide and regional concepts and plans were organized by major topics, including transportation, open space, and land use. Significant General Plan changes are less likely to be proposed in many stable areas of the city located outside of the planning opportunity areas. Town Hall participants were asked to indicate on the community response form whether they liked (shown in the Appendix "B" summary table in the "+" column), disliked (shown in the "-" column) or had no opinion (shown in the "0" column) about the planning concepts presented, and were also provided an opportunity to furnish additional written comments. The purpose of this exercise was to help identify what should be further studied. Responses received are summarized below by geographic area and topic. The summary attempts to characterize the overall flavor and prevailing direction of feedback received. Appendix "B" provides a more detailed and comprehensive compilation of the responses. SOUTHWEST PLANNING AREA SW-I: South Third Avenue Corridor Concept A: Retail Commercial Corridor with Town Center Concept B: Mixed Use Street with Town Center Concept C: Residential Corddor with Town Center Respondents slightly favored Concept B, which encourages mixed use residential with commercial, over Concept A, which stresses a commercial corridor along Third Avenue. Page 5 of 19 · Providing a town center between Naples Street and Palomar Street was supported with each of the concepts. · Concerns were expressed with the number of strip commercial centers. · Respondents expressed a desire for beautification of the San Diego Country Club frontage along Third Avenue and Moss Street. · Improved commercial development between L Street and Moss Street was expressed as a desire. · Increased transit centers along Third Avenue were expressed as important. · Landscape unification along Third Avenue was cited as a desirable feature. · The provision of an additional park in this area was expressed as important. SW-2: West Fairfield Area Concept A: Regional Commercial Development Concept B: Mixed Use Commercial/Industrial/Residential Concept C: Employment Center Concept D: Education Center · Respondents slightly favored Concept D, which encourages an educational campus, over Concept C, which includes a business park with Iow-rise light industrial and office uses. · Very little support was expressed for either Concept A or B, which included regional commercial and mixed use commercial, industrial and residential. · Written responses favored the construction of an additional high school in this area to relieve overcrowding at Chula Vista and Castle Park High Schools. · Improved pedestrian connections over Interstate 5 were encouraged. · Educational uses encouraged included public schools and trade schools. SW-3: Palomar Street Transit Focus Area Concept A: Mixed Use Commercial/Residential · Respondents strongly supported the only concept presented, which encouraged mixed use commercial and residential near the trolley station. · Respondents identified the need to resolve traffic circulation concerns on Palomar Street. · Respondents encouraged improving the pedestrian flow and experience. Page 6 of 19 SW-4: Main Street Corridor Concept A: Light Industrial Corddor Concept B: Light Industrial with Commercial Corddor · Respondents strongly supported Concept A, which encourages the continuation of Main Street as an industrial corridor, over Concept B with the introduction of commercial uses, although both concepts were viewed positively. · Key features also encouraged by respondents included an improved interface with the Otay Valley Regional Park, including development of a community park, and the encouragement of transit-oriented development around future transit stations on Main Street. · Comments received from respondents supported the retention of smaller business opportunities and the support of existing businesses. SW-5: South Broadway Corridor Concept A: Automotive Commercial Concept B: Automotive Commercial with Mixed Use Commercial/Residential · Respondents slightly favored Concept B, which encourages mixed use commercial and residential land uses with focused automotive uses, over Concept A, with strictly automotive commercial. · The introduction of additional multi-family residential units on Broadway should not be encouraged unless adequate parks and schools are in place. SW-6: Main Street Area East of 1-805 Concept A: Commercial · Respondents were generally supportive of a mixed use center, including shopping, offices and transit at this location; however, the provision of just a shopping center was less supportable. · Support commercial for the amphitheater and water park was identified as a positive. · Commercial was identified as supportable, but not as a strip center. EAST/OTAY RANCH PLANNING AREA OR-1: Village Two-West and Sunbow Business Park Concept A: Single-Family Residential Concept B: Single-Family/Business Park Concept C: Business Park Page 7 of 19 · There was little support and mostly opposition to the all single-family housing concept for this area. · The combination of business park in a 1,000-foot landfill buffer and single- family outside buffer in Concept B received general support. · Concept C for a business park on the entire OR~I Otay Ranch and Sunbow sites received mixed support and opposition. Other comments included: · Concerns about health and safety issues of developing single-family homes in the landfill buffer, and the need more study. · General comments in opposition to housing near the landfill until infrastructure could support it, and to consider park land. · Concerns were expressed over the marketability of homes adjacent to the landfill and the need for RV/boat storage. · The business park should have express busses to trolley, and industrial uses should focus on mining and recycling. OR-2: Village Two - Central Portion Concept A: Higher Intensity Village Center Concept B: Lower Intensity Village Center Concept C: All Single-Family Neighborhoods · Concept A received generally equal votes for support, neutral, and opposition to the high intensity Village Center with mixed use over ground floor commercial, multi-family Iow rise, single-family small lot, single-family residential in the landfill buffer. · A majority of voters supported the lower intensity Village Center in Concept B with Iow rise multi-family over ground floor commercial, less intensive multi-family, and single-family mix of smaller to larger lots. · The majority opposed Concept C with all single-family homes and no village center, and the landfill buffer change from industrial to residential. Other comments included: · The need for a balance and variety of housing between single-family homes, apartments and townhouses. · Concerns were expressed that the single-family homeowners would be "trapped" in the canyons and have to exit through high-density areas to get out of the village. · Concerns were also raised that residential uses were not appropriate near the landfill. Page 8 of 19 · Support was expressed for the row home concept, the need for a gathering place for residents, and for trees in the buffer between homes and landfill. · Park land was also suggested, and that residents could benefit from the village center to reduce travel distances. OR-3: Village Two - Town Center Concept A: Town Center While this was the only concept proposed for this planning area, there was overwhelming support for the transit-oriented development with a supermarket as anchor of town center. The concept includes mixed-use four story buildings with multi-family over ground floor commercial, a park- and-ride at transit station, Iow to mid-rise multi-family outside the mixed use area, and OR-2 & OR-3 areas connected by a "Main Street." Other comments included: · Support was expressed for "Green Car" shuttle transit service from within the village to the transit station. · Supermarkets and retail should be in OR-1 to avoid traffic conflicts with high school. · Additional comments indicated the concept was soundly thought out and to consider additional density to support transit. · Chula Vista is a bargain when compared to the other areas, and the City could attract "high gloss" firms with quality high-rise development. OR-4: Village Four - Community Park Concept A: Community Park with Sports Facilities · There was overwhelming support for a large, centrally located community park with a sports complex in Village Four to serve several villages. Other comments included: · Concern that each area needs a park (even if smaller) and that use by general public be provided. · Facilities to support large-scale softball tournaments were mentioned as a potential benefit to the City. · Such a park and sports facilities are greatly needed, and especially a pool. · Support was expressed for a community park near the Chula Vista marina, partnering with OTC for Olympic-size pool, and with Southwestern College. · Water conservation measures were needed in the park. Page 9 of 19 · A comment was received that indicated the community park should be in Village Two and a village or town center planned for Village Four. OR-5: Bird Ranch Area Concept A: Mixed Use Development Concept B: Commercial Recreation Concept C: Business Park · Concept A received mixed reactions, with more support for visitor-serving mixed use commercial with hotel, retail and office, and more opposition to multi-family housing. · There was mixed support and opposition for commercial recreation in Concept B, including a Golf Course, soccer fields, white water park, and other similar commercial recreation uses, with soccer fields receiving the most support. · The majority opposed Concept C, which would provide office and light industry in a business park setting. Other comments included: · Strong concerns were expressed on intrusion of Concept A into the Greenbelt (Otay Ranch Preserve and Otay Valley Regional Park) and that housing should be located farther to the north. · Support was expressed for a mix of Concepts A and B with RV parking, · A preference that hotel and retail be located on Main Street at 1-805. · Some thought the mixed use was appropriate next to the amphitheater and water park. · Vast majority supported park facilities that balanced the general public needs with sport leagues · A sufficient water supply is needed to support Concept C. · Comments also focused on avoiding infringement on MSCP habitat areas, staying out of Otay Valley, and saving the greenbelt. · Jobs should preferably be of high quality for local residents. · Other locations were favored a business park. · Some wondered where Bird Ranch was. OR-6: Village Eight Concept A: High Intensity Village Center Concept B: Low Intensity Village Center Concept C: Regional Technology Park · There was general support for Concept A, with transit-oriented development anchored by a supermarket in a town center with mixed-use Page 10 of 19 four story buildings, with multi-family over ground floor commercial, mid- rise multi-family within 1/4-mile of transit station, Iow-rise multi-family beyond transit station, and small lot single-family outside village center. While there was general support for the village center, support was more limited and mixed with opposition for the less intense, Iow-rise multi-family within 1/4-mile of transit station and mix of small to large lot single-family outside the village core as described in Concept B. There was substantial support for Concept C, with a Regional Technology Park (RTP) employment center served by transit. The concept of a smaller RTP and mixed use complex of retail and residential received slightly less support. Other comments included: · The village center could be like UTC, but more pedestrian-friendly. · Concerns were expressed about streets and schools being able to support high density residential. · Cluster uses to provide more open space. · The RTP was favored in concert with a university, should be close to SR- 125, and have "biotech," "envirotech," and "cybertech" firms. OR-7: Village Nine Concept A: Higher Intensity Town Center Concept B: Lower Intensity Town Center and University Site Concept C: University and Regional Technology Park · There was general support for Concept A, with a significant office complex next to SR-125, mixed use office and multi-family over ground floor commercial, a transit station, a supermarket anchor, mid-rise multi-family, and single-family homes adjacent to Otay River Valley. · There was similar general support for Concept B, with a lower intensity town center, and substantial support for the southern portion of the area retaining a University site designation. · Concept C received overwhelming support (largest number of votes on any "OR" concept) with southern portion of area designated as a University site, and with northern portion as Regional Technology Park. Other comments included: · High-density housing will be needed for the university, as well as affordable housing, transit and amenities. · Concerns were expressed regarding infringement on current University designated land. Page 11 of 19 · Preservation of University designation with high tech was seen as the best option and number one choice of several respondents. · The need for affordable housing, transit and other amenities with university was also expressed. · The City should be patient - the university will come some day. NORTHWEST PLANNING AREA NW-I: Downtown District Concept A: South County Commerce Center- Regional Business and Office Center Concept B: South County Commerce Center- Regional Retail and Entertainment Center Concept C: Traditional Town Center · Overall, respondents slightly favored Concept B, which encourages a regional shopping and entertainment district in the area and allows new Iow-rise and mid-rise housing and mid-rise office buildings. · Mixed use commercial on ground floor with office and housing on upper floors was also supported. · A majority also favored a cultural and performing arts district in the area. · Reservation over traffic and sustainability of a regional retail center (large department stores) and its impact on existing stores at the Chula Vista Center was expressed. · Many written comments encouraged preserving the existing character of Third Avenue from "E" Street to "H" Street and capitalizing on Chula Vista's heritage. · Respondents were split in their support/opposition to the idea of a regional center for corporate offices and civic facilities and for mid- to high-rise offices and support shops. · A majority opposed the concept of urban (mid-to high-rise) housing near the offices. NW-2: "E" Street Corridor (I-5 to Broadway) Concept A: Mixed Use at Transit Station with Visitor-Oriented Commercial Corridor Concept B: Mixed Use at Transit Station with Neighborhood-Oriented Commercial Corddor Slightly more respondents preferred Concept A to Concept B. Respondents were generally favorable to the concepts of no new housing on "E" Street, west of Broadway; except, they were favorable to mid-rise buildings (including residential buildings) within 1/4-mile radius of the Page 12 of 19 trolley station. This promotes an area where residents can live and shop near public transit. · Written comments ranged from encouraging no density on the Bayfront (for housing or hotels), to stating that this is the prime Chula Vista location to develop more high-density housing, close to transportation and jobs. · Preservation of views was encouraged, including making the area a gateway entrance to the City. · Respondents expressed a need for school and park facilities (this may be applicable to all of western Chula Vista). NW-3: "H" Street Corridor (I-5 to 3rd Avenue) Concept A: Retail and Office Commercial Corridor Concept B: Mixed Use Corridor with Town Center · Slightly more respondents favored Concept B, which calls for mid-rise to high-rise buildings at key locations, close to existing and future transit stations. · Respondents were split on their opinion as to whether there should be high-intensity development in the 3rd and "H" Street area with a reduction in densities toward the west. Some felt it should be high-density throughout the entire area and others felt the area should maintain the traditional, Iow-density character of traditional Chula Vista development. · The majority favored making Chula Vista Center a regional center, but the respondents were split in their opinion as to whether to include office, housing and civic uses in its redevelopment. · A majority of the people favored an "H" Street/I-5 Transit Focus Area that would consist of Iow- to mid-rise, mixed-use development with ground floor shopping and upper floor office and residential space. NW-4: North Broadway Corridor Concept A: Visitor-Oriented Commercial (Old Highway 101 Theme) Concept B: Automotive-Oriented Commercial with Mixed Use Commercial and Housing · A large majority of respondents preferred Concept A, which proposes Iow- intensity, visitor-serving commercial and general commercial development along the North Broadway corridor, in an "Old Highway 101" theme. · Support was also shown for possible mixed-use housing and businesses south of "H" Street and multi-family housing and neighborhood serving convenience shopping north of "E" Street. · Written comments included encouragement to connect this area to the Bayfront, concern regarding schools for future residents, and the type of commercial along Broadway. Page 13 of 19 NW-$: Residential Areas West of Broadway Concept A: Low-Rise Residential and Mobile Home Parks Concept B: Mix of low-Rise and Mid-Rise Residential · The majority of respondents preferred Concept B for this area, which proposes residential neighborhoods with connected streets and a mix of housing types and intensities (primarily Iow-rise with some mid-rise structures). In this concept, some of the existing mobile home parks would continue, although most of the older ones would be converted to multi-family housing. · The majority of respondents favored extending Woodlawn Avenue to connect "E" and "H" Streets. · Written comments expressed concern for adequate schools and parks and for the loss of affordable housing (mobile homes). · Others encouraged the gradual conversion of mobile home parks and encouraged bike trails and pedestrian friendly development throughout the area. NW-6: Third Avenue Corridor ("1" to "L" Street) Concept A: Retail Commercial Corridor Concept B: Retail Commercial with Focused Mixed Use Development While the respondents were favorable to both concepts, more were in favor of Concept A. Written comments expressed concern for adequate schools and parks and encouraged the continuation of an historic theme, better pedestrian access and improved landscaping. NW-7: Lower Sweetwater (Note: This area was inadvertently omitted from the Community Feedback Form but a number of people provided written comments.) · The majority of people commenting favored keeping the Lower Sweetwater area as open space, while a few people were open to active recreation in the area. · Concern was expressed over noise and pollution impacts, lighting and lack of adequate access. · Additional comments included the need for more grass at the J Street marina area and the possibility of creating a "Balboa Park South" for Chula Vista. Page 14 of 19 CITYWIDE AND REGIONAL CONCEPTS AND PLANS Transportation I-5 and 1-805 Corridor Improvements Improving traffic flow in the I-5 and 1-805 corridors and accommodating future transit system operations in these corridors were almost unanimously supported by those responding. South Bay Transit First Plan Providing convenient transit service connecting regional job and housing centers and improving transit service between local activity centers were also nearly unanimously supported by those responding. Other transportation comments and ideas included recommendations to: · Provide high occupancy vehicle (HOV) lanes. · Provide park and ride facilities at transit stations that are well secured. · Upgrade east/west transit connections, including between the H Street trolley station and Southwestern College, but avoid making H Street congestion worse. · Encourage car pooling. · Ensure project feasibility and cost effectiveness. · Encourage walking and bicycling. Open Space Greenbelt Concept/Multiple Species Conservation Plan Concepts presented for open space were supported by the vast majority of those responding. These included: · Protect major open.space corridors. · Create a permanent urban boundary for the City of Chula Vista. · Protect unique natural features and resources. · Ensure long-term management of habitat areas. · Connect public parks with the Greenbelt whenever possible. · Provide a multi-use trail system. Page 15 of 19 Other comments regarding open space included: · Several comments supporting the Greenbelt concept and preserving open space and natural areas in concert with other agencies. · Protect and increase equestrian access. · A number of specific comments referenced open space in the Bayfront, Otay River Valley and at Otay Lakes. · Support for large parks and connecting trails. Land Use Schools and Parks Support was almost unanimous for ensuring sites for schools and parks are designed and reserved in advance of need, and considering joint use of school and park facilities. Some commented, however, that joint use of facilities doesn't always work as planned, and that this approach should not substitute for adequate park facilities. · A desire for smaller, neighborhood-oriented schools was expressed and public/private partnerships supported. Community Gateways and Corridors Creating attractive entrances to Chula Vista through well-designed entry signs, landscaping and street improvements was nearly unanimously supported by those responding. Specific areas mentioned included Third Avenue and Fourth Avenue from SR-54 to Downtown Chula Vista and the Civic Center, E Street and H Street, and freeway edges. Creating a view corridor linking the Downtown to the Bayfront with attractive sidewalks, landscaping and other features was also nearly unanimously supported by those responding. Identifying unique communities in Chula Vista through distinctive signs and other features was supported by a majority of those responding, but with a concern expressed about creating divided communities. Page 16 of 19 "landmark" Park The concept of a new "urban" park that serves as a gathering place and focal point for the entire city was supported by a substantial majority of those responding. · Among possible locations, the Chula Vista Bayfront and Midbayfront were cited in a number of comments, while the option of the San Diego Country Club (if it ever becomes available) received little support, and its feasibility was questioned. · Other potential locations identified included Otay Ranch Village Four, and the Otay Lakes area. Other ideas included the notion of such a park serving as a buffer for preserve areas, and decking of a portion of I-5 that would incorporate a park use. University Site A substantial majority of those responding supported continuing to reserve a site in Otay Ranch for a major public or private university, continuing efforts to attract a prestigious university to the site, and ensuring development of adjoining properties will complement the future university. Other comments regarding a university included: · Concern over traffic and the relationship of university to SR-125. · Take advantage of proximity to Mexican border and opportunity for partnership with Southwestern College. · Need for affordable housing for students. · Consider relationship of proposed Regional Technology Park. · Importance of timing, and preserving the site and preventing encroachment before a university is developed. Regional Technology Park · A substantial majority of those responding supported the concept of creating a large-scale business park (150 to 200 acres) that would provide sites for technology-based firms to locate research and development and manufacturing facilities. · The response regarding possible locations was mixed. Numerous comments opposed a Bayfront location, while several supported Otay Ranch. EastLake, East Main Street, and Otay Mesa were also identified as potential sites. Page 17 of 19 Other comments regarding a Regional Technology Park included suggesting two sites of this size (150 to 200 acres), and ensuring stringent requirements are met for waste disposal and air and water quality. Jobs/Housing Balance · The concepts of providing job opportunities at various income levels in locations that are convenient to transportation and providing housing types to meet the diverse needs of Chula Vistans were nearly unanimously supported by those responding. · Other comments regarding jobs/housing balance included the need for jobs to reduce commuting demands, the need for Iow and moderate income housing throughout the city, and the potential for higher density housing that is well-designed Community Use of Utility Rights-of-Way The concepts of considering opportunities for utility rights-of-way to be used for parks and public open space and providing a trail system to connect neighborhoods were almost unanimously supported by those responding. Other comments on community use of utility rights-of-way included planting native plants, providing large park areas, especially in western Chula Vista, and concerns regarding EMF (electromagnetic frequency) exposure. OTHERIDEAS Comments recorded under other ideas included: · Need affordable housing for renters as well as owners. · Replace strip malls with retail hubs. · More public education is needed with in-depth explanations for individual areas, as people couldn't be in three places at once. · Importance of landscaping in community design and image enhancement. · Create historic districts and preserve heritage. · Address water supply and look at reclaimed water and desalination. · Accommodate future population growth with high density housing near commercial and transportation centers. · Use nature preserves and city park as an attraction with hotel and supporting uses nearby. · Ease and speed up the commute between east and west Chula Vista. · Recreation centers can serve as community hubs. · Address pressure growth is putting on existing park and recreation facilities and existing deficiencies. Page 18 of 19 NEXT STEPS The next steps are to prepare preliminary land use and transportation alternatives that will be presented in community workshops to lay the groundwork for the next Town Hall meeting. The current schedule is to hold community workshops through the remainder of the summer, and the last citywide Town Hall meeting in the fall. Completion of the General Plan Update is scheduled for mid- 2004. For more information, call the General Plan phone line at (619) 409-5486, or visit the General Plan Update link at the City of Chula Vista web site: at www.chulavistaca.gov. H:\Planning\Generat_Plan\Public Outreach\TH2/2020stationery summary.doc Page 19 of 19 s::: o ~ J!! s::: Q) E Q - .§ Oð - s::: Q E Q 0) III s::: III :e i e C> Q) > .- - (J ~ lIJ I C> Q) E Q ~ ø ..J e:( o C) oð Z o ëñ :> w l- e:( C a.. ::> z e:( ..J a.. ..J ~ W Z W C> >. 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M <'!. ... :§ ~ ...J ~ o l- e z ~ C) I'- u o u O'i 9 o a, -'" j'§ w õi o .!1' ~ u ~ ~ ~ o .2 :¡; ~ Q: c ~ ¡¡: I E <D C <D \2 C> c ·2 c ~ ¡¡: ;: Chula Vista Vision 2020 - General Plan Update 6]~ ~r9 CITY OF CHULA VISTA GENERAL PLAN UPDATE TOWN HALL II COMMUNITY INPUT MEETING RESUL T5 Saturday, June 21,2003 Bonita Vista High School SUMMARY REPORT August 2003 Published by City of Chula Vista Planning and Building Department -i" !:/o'tr :J;dure, -S, (jet J..yofyeJ Chula Vista Vision 2020 - General Plan Update ~~ ~(9 CONTENTS Page INTRODUCTION Town Hall II Public Meeting DRAFT VISION AND GOALS EXERCISE COMMUNITY FEEDBACK FORMS Southwest Planning Area EastlOtay Ranch Planning Area Northwest Planning Area Citywide and Regional Concepts and Plans NEXT STEPS PLANNING OPPORTUNITY AREAS MAP APPENDICES Appendix A. Draft Vision and Goals Exercise Results Appendix B. Community Feedback Form Responses (available under separate cover) ~ Your J:Jure, S, (jet Jnvofved 1 2 3 5 5 7 12 15 19 Town Hal/II Community Input Meeting - Summary Report &J~ ~[9 Chula Vista Vision 2020 - General Plan Update INTRODUCTION Chula Vista is updating its General Plan, the CÜy's long-term strategy to address community planning issues and future growth and development. The General Plan Update looks ahead approximately 20 years at future growth and development, evaluates its effects and identifies ways to maintain and enhance the overall quality of life. Public outreach and input are central to this effort, and a four-phase program is under way to involve the public in the General Plan Update process. · Phase I (April - October 2002) A Community Festival held in April 2002 kicked off Phase I of the public outreach program, and included an initial Town Hall discussion on planning issues. Following this meeting, the City conducted a "Visioneering Program" that engaged citizen volunteers to assist in gathering public input about the community's likes, dislikes and hopes and fears for the future. This phase of the program generated over 4,000 public comments relating to the General Plan, and culminated with establishment of four citizens advisory committees, including a General Plan Update Steering Committee, and subcommittees for Economic Development; Environment, Open Space and Sustainable Development; and Infrastructure and Servic~s. · Phase II (November 2002 - August 2003) Phase II of the program addressed plannillg issues, and vision and goals. A Preliminary Issues Report was produced and reviewed by the citizens committees. Based upon these discussions, the Steering Committee synthesized the resulting information into a Draft Vision and Goals Report. Through the public outreach process, seven major General Plan Update themes were identified: 1) Strong Community Character & Image 2) Healthy & Sustainable Economy 3) Strong & Safe Neighborhoods 4) Improved Mobility 5) Healthy & Sustainable Environment 6) High Quality Community Services 7) Effective Growth Management & Plan Implementation · Phase III (June - November 2003) A second Town Hall meeting launched Phase III of the program to begin the process of drafting plan alternatives and developing policies, and is the subject of this report. Community meetings will be a key part of Phase III, leading to a third Town Hall meeting in November. ~j !Jour J:.![tre, S, (Jet lnuotued Page 1 of 20 Town Hal/II Community Input Meeting - Summary Report ~~ ~~ Chula Vista Vision 2020 - General Plan Update · Phase IV (November 2003 - June 2004) Phase IV will consist of preparing the General Plan document, holding public hearings and adopting the plan. TOWN HALL II PUBLIC MEETING On Saturday, June 21, 2003, the City of Chula Vista held a Town Hall public meeting at the Bonita Vista High School Gymnasium from 9:00 a.m. to 1 :00 p.m. The primary purpose of this Town Hall Meeting was to begin the process of preparing and evaluating preliminary concepts that would be the focus of further study. To that end, the meeting provided: · An orientation on the City's General Plan Update, including key issues, the draft Vision and Goals Report, and major citywide planning framework considerations, such as the Economic Development Strategy and the Transit First Program. · An opportunity to review a range of initial proposed land use and transportation concepts within various "Planning Opportunity Areas," and to register preferences on these concepts and to suggest other concepts. · An understanding of the next steps in the process and how to stay informed and involved. Public input at the Town Hall meeting was encouraged through two primary means: · An exercise where participants could express which proposed General Plan Update goals they felt were most important. An opportunity for making additional comments was also furnished. · Completion of Community Feedback Forms for potential land use and transportation concepts in different geographic areas of the City, as well as for some citywide and regional concepts and plans. Respondents were asked to indicate whether they liked, disliked or had no opinion about these concepts, and were also provided an opportunity to furnish additional written comments. Responses tabulated through these efforts are included in appendices to this report, and results are summarized in the following sections. ~ Your :kure, ~ Çet Jr.vo!ued Page 2 0120 Town Hall II Community Input Meeting - Summary Reporl ~~ ~[9 Chula Vista Vision 2020 - General Plan Update DRAFT VISION AND GOALS EXERCISE Draft General Plan Update Goals were displayed on seven boards at one of the Town Hall meeting stations, with each board containing the proposed goals for one of the seven major themes defined through the initial public outreach program and the efforts of the citizens committees. A total of 64 goals were identified under these themes. Participants were asked to place the 12 dots that were allocated per person next to the goals that were most important to them. In all, over 1,200 dots were placed on the theme boards, indicating that about 100 individuals participated in the exercise. In addition, participants were provided post-it notes to register additional written comments responding to the draft vision and goals. The table in Appendix "A" lists the draft goals by theme, the number of dots that were posted for each goal and for each theme, as well as the other written comments that were received. The figure below illustrates the distribution of dots among the seven major themes. GENERAL PLAN UDPA TE THEME Number of Dots o 50 100 150 200 250 300 350 ,,[U , , 221; I I -.--...------------- ----T-- Improved Mobility 18 Strong Community Character & Image Healthy & Sustainable Economy StrOJ1g & Safe Neighborhoods Healthy & Sustainable Environment High Quality CommurJity Services Effective Growth Management & Plan Implementation While Theme A, "Strong Community Character and Image," received the most dots, which is consistent with results of previous public outreach efforts, all of the themes received at least 8% of the dots, and none received as much as 25%. ~ !:þ"" :J.ture, So Çet Jnvofved Page30f20 I Town Hall" Community Input Meeting - Summary Report 6]~ ~[9 Chula Vista Vision 2020 - General Plan Update The "top 10" goals (based upon receiving the most dots, with a tie for No. 10) are listed below. These goal statements are labeled as they appear in Appendix "A" (with the number of dots received for the respective goals shown in parentheses) . 1) E3. Preserve and enhance the City's natural resources, including the Bayfront, by incorporation into an expanded open space system, recognizing that open space, habitats and corridors are critical to the integrity of the system and the sustainability of these natural resources. (114) 2) A6. Protect and preserve the City's important historic resources through a comprehensive approach to historic preservation. (68) 3) A8. Define the City's form and character through preservation of natural landforms, habitats and historic resources, including the Chula Vista Greenbelt, which serves as a border for the City. (61) 4) B7. Support small and mid-sized businesses that are economically and environmentally sustainable, and neighborhood based. (57) 5) C1. Revitalize deteriorating neighborhoods and maintain and enhance the quality of stable neighborhoods. (45) 6) B4. Plan and develop the Third Avenue corridor between E and H Streets to strengthen its position as the business, cultural and entertainment hub. (43) 7) A 1. Support academic excellence throughout the city at all levels, including attracting a major four-year college or university, and encouraging expansion of Southwestern College. (41) 8) E1. Balance the City's future demands for water in relation to planned water supply, and minimize the impacts of growth and development on water resources and water quality. (40) 9) G5. Implement and regulate development in ways that will protect the significant natural environment and create high quality urban environments for living and working. (37) 10) A3. Establish a landmark park or public space as a point of common identity serving the entire City as a central gathering place. (36) 011. Provide convenient, affordable and efficient alternatives to the automobile to reduce the impact of growth on the road system. (36) ~ !/our :1.ture, S, Çet Ynvotued Page 4 of 20 Town Hall II Community Input Meeting - Summary Report ~~ ~[9 Chula Vista Vision 2020 - General Plan Update COMMUNITY FEEDBACK FORMS A total of 57 completed response forms were received. The tabulated results are presented in Appendix "B". The response forms were designed to work in concert with four informational stations covering three broad geographic areas of the City - Southwest, EasUOtay Ranch, Northwest - plus one for citywide and regional concepts and plans. The stations displayed maps, photographs and other information. Small group presentations were made at each station to introduce the planning concepts considered. Each of the larger geographic areas included smaller geographic sub-areas, with one or more concepts presented for each sub-area. The "Downtown District (NW-1)" and the "H Street Corridor (NW-3)" sub-areas were, for instance, among those grouped in the Northwest planning area. A composite map shows all of the sub-areas, identified as "planning opportunity areas" (see the map following page 19). These areas were identified based upon such factors as transportation corridors and links, pending plans and development proposals, and the potential for change. The citywide and regional concepts and plans were organized by major topics, including transportation, open space, and land use. Significant General Plan changes are less likely to be proposed in many stable areas of the city located outside of the planning opportunity areas. Town Hall participants were asked to indicate on the community response form whether they liked (shown in the Appendix "B" summary table in the "+" column), disliked (shown in the "-" column) or had no opinion (shown in the "Q" column) about the planning concepts presented, and were also provided an opportunity to furnish additional written comments. The purpose of this exercise was to help identify what should be further studied. Responses received are summarized below by geographic area and topic. The summary attempts to characterize the overall flavor and prevailing direction of feedback received. Appendix "B" provides a more detailed and comprehensive compilation of the responses. SOUTHWEST PLANNING AREA SW-1: South Third Avenue Corridor Concept A: Retail Commercial Corridor with Town Center Concept B: Mixed Use Street with Town Center Concept C: Residential Corridor with Town Center ~ !four :J:.ture, S, Çet lnvofued Page 5 of 20 t Town Hall II Community Input Meeting - Summary Report Chula Vista Vision 2020 - General Plan Update · Respondents slightly favored Concept 8, which encourages mixed use residential with commercial, over Concept A, which stresses a commercial corridor along Third Avenue. · Providing a town center between Naples Street and Palomar Street was supported with each of the concepts. · Concerns were expressed with the number of strip commercial centers. · Respondents expressed a desire for beautification of the San Diego Country Club frontage along Third Avenue and Moss Street. · Improved commercial development between L Street and Moss Street was expressed as a desire. . Increased transit centers along Third Avenue were expressed as important. · Landscape unification along Third Avenue was cited as a desirable featu re. · The provision of an additional park in this area was expressed as important. SW-2: West Fairfield Area Concept A: Regional Commercial Development Concept B: Mixed Use Commercial/Industrial/Residential Concept C: Employment Center Concept D: Education Center · Respondents slightly favored Concept D, which encourages an educational campus, over Concept C, which includes a business park with low-rise light industrial and office uses. · Very little support was expressed for either Concept A or 8, which included regional commercial and mixed use commercial, industrial and residential. · Written responses favored the construction of an additional high school in this area to relieve overcrowding at Chula Vista and Castle Park High Schools. · Improved pedestrian connections over Interstate 5 were encouraged. · Educational uses encouraged included public schools and trade schools. SW-3: Palomar Street Transit Focus Area Concept A: Mixed Use Commercial/Residential · Respondents strongly supported the only concept presented, which encouraged mixed use commercial and residential near the trolley station. ~j !four :Y:.lure, ~ Çet Ynvofved Page 6 of 20 Town Hal/II Community Input Meeting - Summary Report Chula Vista Vision 2020 - General Plan Update · Respondents identified the need to resolve traffic circulation concerns on Palomar Street. · Respondents encouraged improving the pedestrian flow and experience. SW-4: Main Street Corridor Concept A: Light Industrial Corridor Concept B: Light Industrial with Commercial Corridor · Respondents strongly supported Concept A, which encourages the continuation of Main Street as an industrial corridor, over Concept B with the introduction of commercial uses, although both concepts were viewed positively. · Key features also encouraged by respondents included an improved interface with the Otay Valley Regional Park, including development of a community park, and the encouragement of transit-oriented development around future transit stations on Main Street. · Comments received from respondents supported the retention of smaller business opportunities and the support of existing businesses. SW-5: South Broadway Corridor Concept A: Automotive Commercial Concept B: Automotive Commercial with Mixed Use CommerciallResident/al · Respondents slightly favored Concept B, which encourages mixed use commercial and residential land uses with focused automotive uses, over Concept A, with strictly automotive commercial. · The introduction of additional multi-family residential units on Broadway should not be encouraged unless adequate parks and schools are in place. SW-6: Main Street Area East of 1-805 Concept A: Commercial · Respondents were generally supportive of a mixed use center, including shopping, offices and transit at this location; however, the provision of just a shopping center was less supportable. · Support commercial for the amphitheater and water park was identified as a positive. · Commercial was identified as supportable, but not as a strip center. ..! !/our :l.ture, So Çet Jnvofued Page 7 of 20 I Town Hall II Community Input Meeting - Summary Report 6]~ ~~ Chula Vista Vision 2020 - General Plan Update EAST/OTAY RANCH PLANNING AREA OR-1: Village Two-West and Sun bow Business Park Concept A: Single-Family Residential Concept B: Single-Family/Business Park Concept C: Business Park · There was little support and mostly opposition to the all single-family housing concept for this area. · The combination of business park in a 1 ,ODD-foot landfill buffer and single- family outside buffer in Concept B received general support. · Concept C for a business park on the entire OR-1 Otay Ranch and Sunbow sites received mixed support and opposition. Other comments included: · Concerns about health and safety issues of developing single-family homes in the landfill buffer, and the need more study. · General comments in opposition to housing near the landfill until infrastructure could support it, and to consider park land. · Concerns were expressed over the marketability of homes adjacent to the landfill and the need for RV/boat storage. · The business park should have express busses to trolley, and industrial uses should focus on mining and recycling. OR-2: Village Two - Central Portion Concept A: Higher Intensity Village Center Concept B: Lower Intensity Village Center Concept C: All Single-Family Neighborhoods · Concept A received generally equal votes for support, neutral, and opposition to the high intensity Village Center with mixed use over ground floor commercial, multi-family low rise, single-family small lot, single-family residential in the landfill buffer. · A majority of voters supported the lower intensity Village Center in Concept B with low rise multi-family over ground floor commercial, less intensive multi-family, and single-family mix of smaller to larger lots. · The majority opposed Concept C with all single-family homes and no village center, and the landfill buffer change from industrial to residential. --Æ" !four :1dure, S, (jet Jnuntued Page 8 of 20 Town Hall II Community Input Meeting - Summary Report ~~ ~r9 Chula Vista Vision 2020 - General Plan Update Other comments included: · The need for a balance and variety of housing between single-family homes, apartments and townhouses. · Concerns were expressed that the single-family homeowners would be "trapped" in the canyons and have to exit through high-density areas to get out of the village. · Concerns were also raised that residential uses were not appropriate near the landfill. · Support was expressed for the row home concept, the need for a gathering place for residents, and for trees in the buffer between homes and landfill. · Park land was also suggested, and that residents could benefit from the village center to reduce travel distances. OR-3: Village Two - Town Center Concept A: Town Center · While this was the only concept proposed for this planning area, there was overwhelming support for the transit-oriented development with a supermarket as anchor of town center. The concept includes mixed-use four story buildings with multi-family over ground floor commercial, a park- and-ride at transit station, low to mid-rise multi-family outside the mixed use area, and OR-2 & OR-3 areas connected by a "Main Street." Other comments included: · Support was expressed for "Green Car" shuttle transit service from within the village to the transit station. · Supermarkets and retail should be in OR-1 to avoid traffic conflicts with high school. · Additional comments indicated the concept was soundly thought out and to consider additional density to support transit. · Chula Vista is a bargain when compared to the other areas, and the City could attract "high gloss" firms with quality high-rise development. OR-4: Village Four - Community Park Concept A: Community Park with Sports Facilities · There was overwhelming support for a large¡, centrally located community park with a sports complex in Village Four to serve several villages. ~ fj,ttr :Mure, ~ (jet Jnuotved Page 9 0120 I Town Hall" Community Input Meeting - Summary Report 6]~ ~r9 Chula Vista Vision 2020 - General Plan Update Other comments included: · Concern that each area needs a park (even if smaller) and that use by general public be provided. · Facilities to support large-scale softball tournaments were mentioned as a potential benefit to the City. · Such a park and sports facilities are greatly needed, and especially a pool. · Support was expressed for a community park near the Chula Vista marina, partnering with OTC for Olympic-size pool, and with Southwestern College. · Water conservation measures were needed in the park. · A comment was received that indicated the community park should be in Village Two and a village or town center planned for Village Four. OR-5: Bird Ranch Area Concept A: Mixed Use Development Concept B: Commercial Recreation Concept C: Business Park · Concept A received mixed reactions, with more support for visitor-serving mixed use commercial with hotel, retail and office, and more opposition to multi-family housing. · There was mixed support and opposition for commercial recreation in Concept B, including a Golf Course, soccer fields, white water park, and other similar commercial recreation uses, with soccer fields receiving the most support. · The majority opposed Concept C, which would provide office and light industry in a business park setting. Other comments included: · Strong concerns were expressed on intrusion of Concept A into the Greenbelt (Otay Ranch Preserve and Otay Valley Regional Park) and that housing should be located farther to the north. · Support was expressed for a mix of Concepts A and B with RV parking, · A preference that hotel and retail be located on Main Street at 1-805. · Some thought the mixed use was appropriate next to the amphitheater and water park. · Vast majority supported park facilities that balanced the general public needs with sport leagues · A sufficient water supply is needed to support Concept C. ~j !fo"r :J:¿ure, S, (Jet Jnvofved Page 10 of 20 Town Hal/II Community Input Meeting:- Summary Report , &J~ ~~ Chula Vista Vision 2020 - General Plan Update · Comments also focused on avoiding infringe nent on MSCP habitat areas, staying out of Otay Valley, and saving the gr~enbelt. · Jobs should preferably be of high quality forlþcal residents. · Other locations were favored a business par~. · Some wondered where Bird Ranch was. OR-6: Village Eight Concept A: High Intensity Village Center Concept B: Low Intensity Village Center Concept C: Regional Technology Park · There was general support for Conceþt A, with transit-oriented development anchored by a supermarket in ~ town center with mixed-use four story buildings, with multi-family over ground floor commercial, mid- rise multi-family within 1/4-mile of transit ~tation, low-rise multi-family beyond transit station, and small lot single-fa~ily outside village center. · While there was general support for the vill~ge center, support was more limited and mixed with opposition for the les~ intense, low-rise multi-family within 1/4-mile of transit station and mix of ~mall to large lot single-family outside the village core as described in Concþpt B. · There was substantial support for Concept a, with a Regional Technology Park (RTP) employment center served by tralnsit. The concept of a smaller RTP and mixed use complex of retail and re~idential received slightly less support. Other comments included: , · The village center could be like UTC, but mo(e pedestrian-friendly. · Concerns were expressed about streets and Ischools being able to support high density residential. · Cluster uses to provide more open space. , · The RTP was favored in concert with a univ~rsity, should be close to SR- 125, and have "biotech," "envirotech," and "cybertech" firms. OR-7: Village Nine Concept A: Higher Intensity Town Center Concept B: Lower Intensity Town Center and University Site Concept C: University and Regional Technology P~rk · There was general support for Concept A, with a significant office complex next to SR-125, mixed use office and multi-f~mily over ground floor ~ !Jour :J:.tUJ'e, .s Çet Jr.vo!ved Page 11 of 20 I Town Hall /I Community Input Meeting - Summary Report ~~ ~~ Chula Vista Vision 2020 - General Plan Update commercial, a transit station, a supermarket anchor, mid-rise multi-family, and single-family homes adjacent to Otay River Valley. · There was similar general support for Concept 8, with a lower intensity town center, and substantial support for the southern portion of the area retaining a University site designation. · Concept C received overwhelming support (largest number of votes on any "OR" concept) with southern portion of area designated as a University site, and with northern portion as Regional Technology Park. Other comments included: · High-density housing will be needed for the university, as well as affordable housing, transit and amenities. · Concerns were expressed regarding infringement on current University designated land. · Preservation of University designation with high tech was seen as the best option and number one choice of several respondents. · The need for affordable housing, transit and other amenities with university was also expressed. · The City should be patient - the university will come some day. NORTHWEST PLANNING AREA NW-1: Downtown District Concept A: South County Commerce Center - Regional Business and Office Center Concept B: South County Commerce Center - Regional Retail and Entertainment Center Concept C: Traditional Town Center · Overall, respondents slightly favored Concept 8, which encourages a regional shopping and entertainment district in the area and allows new low-rise and mid-rise housing and mid-rise office buildings. · Mixed use commercial on ground floor with office and housing on upper floors was also supported. · A majority also favored a cultural and performing arts district in the area. · Reservation over traffic and sustainability of a regional retail center (large department stores) and its impact on existing stores at the Chula Vista Center was expressed. · Many written comments encouraged preserving the existing character of Third Avenue from "E" Street to "H" Street and capitalizing on Chula Vista's heritage. ~j !four J:.lure, ~ Çet !Luofued Page 12 0120 Town Hal/II Community Input Meetin~ - Summary Report I &]~ ~[9 Chula Vista Vision 2020 - General Plan Update · Respondents were split in their supportlopp sition to the idea of a regional center for corporate offices and civic facili ies and for mid- to high-rise offices and support shops. · A majority opposed the concept of urban ( id-to high-rise) housing near the offices. NW-2: "E" Street Corridor (1-5 to Broadway) Concept A: Mixed Use at Transit Station with Visit r-Oriented Commercial Corridor Concept B: Mixed Use at Transit Station with Neig borhood-Oriented Commercial Corridor · Slightly more respondents preferred Concep A to Concept B. · Respondents were generally favorable to th concepts of no new housing on "E" Street, west of Broadway; except, they were favorable to mid-rise buildings (including residential buildings) wit in 1/4-mile radius of the trolley station. This promotes an area wher residents can live and shop near public transit. · Written comments ranged from encouragi g no density on the Bayfront (for housing or hotels), to stating that this is he prime Chula Vista location to develop more high-density housing, close to transportation and jobs. · Preservation of views was encouraged, i cluding making the area a gateway entrance to the City. · Respondents expressed a need for school nd park facilities (this may be applicable to all of western Chula Vista). NW-3: "H" Street Corridor (1-5 to 3rd Avenue) Concept A: Retail and Office Commercial Corridor Concept B: Mixed Use Corridor with Town Center · Slightly more respondents favored Concep B, which calls for mid-rise to high-rise buildings at key locations, close to existing and future transit stations. · Respondents were split on their opinion a to whether there should be high-intensity development in the 3rd and" "Street area with a reduction in densities toward the west. Some felt it should be high-density throughout the entire area and others felt he area should maintain the traditional, low-density character of tradition I Chula Vista development. · The majority favored making Chula Vista C nter a regional center, but the respondents were split in their opinion as to whether to include office, housing and civic uses in its redevelopment. -i., !fo"r :J:¿ure, S, Çet Ýnvofved Page 13 of 20 I Town Hal/II Community Input Meeting - Summary Report ~~ ~~ Chula Vista Vision 2020 - General Plan Update · A majority of the people favored an "H" StreeUI-5 Transit Focus Area that would consist of low- to mid-rise, mixed-use development with ground floor shopping and upper floor office and residential space. NW-4: North Broadway Corridor Concept A: Visitor-Oriented Commercial (Old Highway 101 Theme) Concept B: Automotive-Oriented Commercial with Mixed Use Commercial and Housing · A large majority of respondents preferred Concept A, which proposes low- intensity, visitor-serving commercial and general commercial development along the North Broadway corridor, in an "Old Highway 101" theme. · Support was also shown for possible mixed-use housing and businesses south of "H" Street and multi-family housing and neighborhood serving convenience shopping north of "E" Street. · Written comments included encouragement to connect this area to the Bayfront, concern regarding schools for future residents, and the type of commercial along Broadway. NW-5: Residential Areas West of Broadway Concept A: Low-Rise Residential and Mobile Home Parks Concept B: Mix of Low-Rise and Mid-Rise Residential · The majority of respondents preferred Concept B for this area, which proposes residential neighborhoods with connected streets and a mix of housing types and intensities (primarily low-rise with some mid-rise structures). In this concept, some of the existing mobile home parks would continue, although most of the older ones would be converted to multi-family housing. · The majority of respondents favored extending Woodlawn Avenue to connect "E" and "H" Streets. · Written comments expressed concern for adequate schools and parks and for the loss of affordable housing (mobile homes). · Others encouraged the gradual conversion of mobile home parks and encouraged bike trails and pedestrian friendly development throughout the area. NW-6: Third Avenue Corridor ("I" to "L" Street) Concept A: Retail Commercial Corridor Concept B: Retail Commercial with Focused Mixed Use Development ~j fjo1tr :],f¡tre, S, (jet Jnvofved Page 14 of 20 Town Hal/II Community Input Meetin - Summary Report i Chula Vista Vision 2020 - General Plan Upc late I I · While the respondents were favorable to oth concepts, more were in favor of Concept A. · Written comments expressed concern for ad quate schools and parks and encouraged the continuation of an histor c theme, better pedestrian access and improved landscaping. NW-7: Lower Sweetwater (Note: This area was i advertently omitted from the Community Feedback Form but a number 0 people provided written comments.) · The majority of people commenting f vored keeping the Lower Sweetwater area as open space, while a fe people were open to active recreation in the area. · Concern was expressed over noise and p lIution impacts, lighting and lack of adequate access. · Additional comments included the need fo more grass at the J Street marina area and the possibility of creating a ' Balboa Park South" for Chula Vista. CITYWIDE AND REGIONAL CONCEPTS AND P NS Transportation 1-5 and 1-805 Corridor Improvements · Improving traffic flow in the 1-5 and 1-805 orridors and accommodating future transit system operations in th se corridors were almost unanimously supported by those responding South Bay Transit First Plan · Providing convenient transit service connec ing regional job and housing centers and improving transit service betw n local activity centers were also nearly unanimously supported by those responding. Other transportation comments and ideas included recommendations to: · Provide high occupancy vehicle (HOV) lane . · Provide park and ride facilities at transit stati ns that are well secured. · Upgrade easUwest transit connections, in luding between the H Street trolley station and Southwestern College, but avoid making H Street congestion worse. ~j !::/ou, :x.tu,e, £ çt Jnuofued Page 15 of 20 I Town Hal/II Community Input Meeting - Summary Report ¡;]~ ~~. Chula Vista Vision 2020 - General Plan Update · Encourage car pooling. · Ensure project feasibility and cost effectiveness. · Encourage walking and bicycling. Open Space Greenbelt Concept/Multiple Species Conservation Plan Concepts presented for open space were supported by the vast majority of those responding. These included: · Protect major open space corridors. · Create a permanent urban boundary for the City of Chula Vista. · Protect unique natural features and resources. · Ensure long-term management of habitat areas. · Connect public parks with the Greenbelt whenever possible. · Provide a multi-use trail system. Other comments regarding open space included: · Several comments supporting the Greenbelt concept and preserving open space and natural areas in concert with other agencies. · Protect and increase equestrian access. · A number of specific comments referenced open space in the Bayfront, Otay River Valley and at Otay Lakes. · Support for large parks and connecting trails. land Use Schools and Parks · Support was almost unanimous for ensuring sites for schools and parks are designed and reserved in advance of need, and considering joint use of school and park facilities. · Some commented, however, that joint use of facilities doesn't always work as planned, and that this approach should not substitute for adequate park facilities. · A desire for smaller, neighborhood-oriented schools was expressed and public/private partnerships supported. .Jj 1 ~"r :1.l (/ f/"t J"uotued !!Ie UN) ---» '::/" Page 16 of 20 Town Hall" Community Input Meetin - Summary Report ~~ ~~ I Chula Vista Vision 2020 - General Plan Up~ate ! Community Gateways and Corridors · Creating attractive entrances to Chula Vist signs, landscaping and street improveme supported by those responding. through well-designed entry ts was nearly unanimously · Specific areas mentioned included Third Av SR-54 to Downtown Chula Vista and the Street, and freeway edges. nue and Fourth Avenue from ivic Center, E Street and H · Creating a view corridor linking the Do ntown to the Bayfront with attractive sidewalks, landscaping and oth r features was also nearly unanimously supported by those responding. · Identifying unique communities in Chula V sta through distinctive signs and other features was supported by a maj rity of those responding, but with a concern expressed about creating divi ed communities. "Landmark" Park · The concept of a new "urban" park that se es as a gathering place and focal point for the entire city was supporte by a substantial majority of those responding. · Among possible locations, the Chula Vista ayfront and Midbayfront were cited in a number of comments, while the op ion of the San Diego Country Club (if it ever becomes available) received I ttle support, and its feasibility was questioned. · Other potential locations identified included tay Ranch Village Four, and the Otay Lakes area. · Other ideas included the notion of such a park serving as a buffer for preserve areas, and decking of a portion 0 1-5 that would incorporate a park use. University Site · A substantial majority of those responding s pported continuing to reserve a site in Otay Ranch for a major public or private university, continuing efforts to attract a prestigious universitl to the site, and ensuring development of adjoining properties will COm¡lement the future university. I ~ Your J:¿ure, So (jet J.,uotued Page 17 of 20 I Town Hall" Community Input Meeting - Summary Reporl ~~ ~[9 Chula Vista Vision 2020 - General Plan Update Other comments regarding a university included: · Concern over traffic and the relationship of university to SR-125. · Take advantage of proximity to Mexican border and opportunity for partnership with Southwestern College. · Need for affordable housing for students. · Consider relationship of proposed Regional Technology Park. · Importance of timing, and preserving the site and preventing encroachment before a university is developed. Regional Technology Park · A substantial majority of those responding supported the concept of creating a large-scale business park (150 to 200 acres) that would provide sites for technology-based firms to locate research and development and manufacturing facilities. · The response regarding possible locations was mixed. Numerous comments opposed a Bayfront location, while several supported Otay Ranch. EastLake, East Main Street, and Otay Mesa were also identified as potential sites. · Other comments regarding a Regional Technology Park included suggesting two sites of this size (150 to 200 acres), and ensuring stringent requirements are met for waste disposal and air and water quality. Jobs/Housing Balance · The concepts of providing job opportunities at various income levels in locations that are convenient to transportation and providing housing types to meet the diverse needs of Chula Vistans were nearly unanimously supported by those responding. · Other comments regarding jobslhousing balance included the need for jobs to reduce commuting demands, the need for low and moderate income housing throughout the city, and the potential for higher density housing that is well-designed Community Use ot Utility Rights-at-Way · The concepts of considering opportunities for utility rights-of-way to be used for parks and public open space and providing a trail system to connect neighborhoods were almost unanimously supported by those responding. ~j !four J:tlure, S, (jet Jnuofued Page 18 of 20 Town Hall II Community Input Meetind - Summary Report ! ~~ ~r9 Chula Vista Vision 2020 - General Plan Up~ate i ! · Other comments on community use of ~tility rights-of-way included planting native plants, providing large parkl' areas, especially in western Chula Vista, and concerns regarding EMF, (electromagnetic frequency) exposure. OTHER IDEAS Comments recorded under other ideas included:: · Need affordable housing for renters as well ~s owners. · Replace strip malls with retail hubs. I · More public education is needed with in-de1th explanations for individual areas, as people couldn't be in three places t once. · Importance of landscaping in community deSf,n and image enhancement. · Create historic districts and preserve heritag . · Address water supply and look at reclaimed ater and desalination. · Accommodate future population growth wi h high density housing near commercial and transportation centers. ' · Use nature preserves and city park as ,n attraction with hotel and supporting uses nearby. I · Ease and speed up the commute between e~st and west Chula Vista. · Recreation centers can serve as community ~ubs. · Address pressure growth is putting on ~xisting park and recreation facilities and existing deficiencies. ' NEXT STEPS The next steps are to prepare preliminary I nd use and transportation alternatives that will be presented in community wo kshops to lay the groundwork for the next Town Hall meeting. The current sc edule is to hold community workshops through the remainder of the summer, nd the last citywide Town Hall meeting in the fall. Completion of the General Plan Update is scheduled for mid- 2004. For more information, call the General Plan Phonejine at (619) 409-5486, or visit the General Plan Update link at the City 0 Chula Vista web site: at www.chulavistaca.qov. I : , i H:\Planning\General Plan\Public Outreach\TH2/2020stationery summary.docl - : Jt, !/our :kuJ"e, S, Çet Jnvotued Page 19 of 20 ! Chula Vista Vision 2020 - General Plan Update 6J~ ~~ ~j Yo,,, :lft"e, ~ çt Jnvotved O<SO@' ,g~ S:N ~1 =·,..j·~O ' +'~ ....'--·-N .. 01"""""> ",\ ~ . " h o~ !1 ! . j I 'i I! "' i 'I ~~ ¡ !! 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