HomeMy WebLinkAboutAgenda Packet 2003/12/16 CITY COUNCIL AGENDA
December 16, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHUiA VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padiila, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
I declare under penalty 01 r
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CALL TO ORDER Daled~
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO NORA
MCMARTIN, PRINCIPAL LIBRARIAN, COMMENDING HER FOR 32 YEARS OF
DEDICATED SERVICE TO THE CITY UPON HER RETIREMENT
· PRESENTATION BY HUMAN RELATIONS COMMISSION CHAIRPERSON,
ANTHONY JEMISON, AND COMMISSIONERS ANNE CORDON AND JOSEPH
SIMS, OF THE SECOND AND THIRD QUARTER CNIC AWARDS AND ESSAY
CONTEST WINNERS
CONSENT CALENDAR
(Items 1 through 13)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public. or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Crllendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
Letter of resignation from Kecia Washington, member of the Housing Advisory
Commission.
Staff recommendation: Council accept the resignation with regret and direct the City
Clerk to post the vacancy in accordance with Maddy Act regulations.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CHULA VISTA NATURE CENTER'S PARTICIPATION IN THE
METROPOLITAN WATER DISTRICT'S COMMUNITY PARTNERING PROGRAM
GRANT PROCESS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT AND RELATED DOCUMENTS
The Nature Center has been invited to participate in a competitive grant process
sponsored by the Metropolitan Water District (MWD) to further watershed and water use
education efforts in Southern California. Consistent with the Nature Center's established
mission to educate the public about the importance of coastal resource conservation, staff
intends to submit a proposal for funding beginning in Fiscal Year 2005. (Nature Center
Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $70,000 FROM THE AVAILABLE BALANCE OF THE
TRANSNET FUND, ACCEPTING BIDS AND AWARDING A CONTRACT FOR
THE AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM
FOR FISCAL YEAR 2003/2004 ON VARIOUS LOCATIONS IN THE CITY OF
CHULA VISTA, CALIFORNIA (PROJECT STL-292) (4/STHS VOTE REQUIRED)
Sealed bids were received for this project. The work to be done, involves the
construction of pedestrian ramps and bus stop area bench pads on various streets
throughout the City. The work includes all labor, material, equipment, transportation,
protection of existing improvements, and traffic control necessary for the project.
(Director o f Engineering)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING RIGHT-OF-WAY CONTRACTS WITH EIGHT PROPERTY OWNERS
PROVIDING MONETARY COMPENSATION AND OTHER CONSIDERATIONS IN
EXCHANGE FOR THEIR GRANTING OF EASEMENTS TO THE CITY
NECESSARY FOR THE CONSTRUCTION OF THE 1-805/OLYMPIC PARKWAY
IMPROVEMENT PROJECT (CY-102), AND AUTHORIZING THE CITY CLERK TO
ACCEPT SAID EASEMENTS ON THE CITY'S BEHALF
Adopt!on of the resolution approves right-of-way contracts with eight property owners
provicting monetary compensation and other considerations in exchange for their granting
of easements to the City necessary for the construction of the I~805/Olympic Parkway
Improvement Project (CY402), and authorizing the City Clerk to accept said easements
on the City's behalf. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION CONTRACT ADMINISTRATION ON WESTBOUND EAST H
STREET TO NORTHBOUND INTERSTATE 805 RAMP WIDENING PROJECT,
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND
APPROPRIATING $3,300,000 AS A LOAN FROM THE AVAILABLE BALANCE OF
THE INTERIM STATE ROUTE 125 DEVELOPMENT IMPACT FEE FUND TO THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FUND (4/5THS VOTE
REQUIRED)
In September 2003, the City completed the widening of the north side of East H Street
from just east of Hidden Vista Drive to the existing Interstate 805 (1-805) northbound on-
ramp. The State of California Department of Transportation (CalTrans) recently
informed the City that funding for their portion of the on-ramp widening and metering
project has been delayed until at least 2009. Staff has been in discussion with CalTrans
to find a solution that will enable this vital improvement to be constructed in the Spring
of 2004. Adoption of the resolution will approve the cooperative agreement with
CalTrans regarding the design and construction of the westbound East H Street to
northbound 1-805 on-ramp widening, authorize the Mayor to execute said agreement, and
appropriate $3,300,000 as a loan fi.om the available balance of the Interim State Route
125 Development Impact Fee Fund to the Transportation Development Impact Fee Fund.
(Director of Engineering)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Agenda 12/16/03
6. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MUNICIPAL CODE, CHAPTER 17.10, "PARKLANDS AND
PUBLIC FACILITIES", RELATING TO THE COLLECTION OF IN-LIEU PARK
ACQUISITION AND DEVELOPMENT FEES FROM RESIDENTIAL
DEVELOPMENTS THAT ARE NOT REQUIRED TO SUBMIT A SUBDIVISION
MAP OR PARCEL MAP (FIRST READING)
The Ordinance Amendment will enable the City to collect Park Acquisition and
Development Fees (PAD Fees) from all residential developments, regardless of the land
development approval process that they are required to follow. (Director of General
Services)
Staff recommendation: Council place the ordinance on first reading.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH PCL CONSTRUCTION
SERVICES, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN
AND CONSTRUCT MONTEVALLE COMMUNITY PARK, LOCATED IN THE
ROLLING HILLS RANCH SUBDIVISION OF EASTERN CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council previously approved C1P project No. PR 250 and the Master Plan for
Montevalle Community Park, which conceptually designed and provided for the
construction of a completed and fully functional 29-acre park and recreation center. The
project is ready to begin the design phase. (Director of General Services)
Staff recommendation: Council adopt the resolution.
8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR
PAYING AND REPORTING THE VALUE OF THE EIGHT PERCENT EMPLOYER
PAID CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS)
MEMBER CONTRIBUTIONS FOR MISCELLANEOUS EMPLOYEES INCLUDING
THE MAYOR AND COUNCILMEMBERS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002-2005 PAY/BENEFIT PLAN DOCUMENT TO
INCLUDE THE CITY PAID EIGHT PERCENT EMPLOYEE CONTRIBUTION TO
THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR THE
MAYOR AND COUNCILMEMBERS
A recent survey of San Diego County government agencies revealed that the City of
Chula Vista is the only city that is not paying all or a significant portion of the required
employee contributions to the applicable retirement system for their Mayor and
Councilmembers. Adoption of the resolutions will allow the City to pick up the eight
percent employee contribution for the Mayor and Councilmembers in lieu of a cost of
living increase. (Director of Human Resources)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Agenda 12/16/03
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR
2004
The Internal Revenue Code requires that employers offering cafeteria plans under Section
125 have a written plan document, and that the employer adopt the plan document
annually. Adoption of the resolution fulfills this requirement. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003/2004 PLANNING AND BUILDING
DEPARTMENT BUDGET DELETING ONE ASSISTANT PLANNING DIRECTOR
POSITION, DELETING ONE GENERAL PLAN MANAGER POSITION, AND
ADDING ONE DEPUTY PLANNING DIRECTOR, AND ONE DEVELOPMENT
SERVICES TECHNICIAN POSITION, AND AMENDING THE SPENDING PLAN
FOR FISCAL YEAR 2005 (4/5THS VOTE REQUIRED)
The Director of Planning and Building has determined that the reorganization of the
management structure is appropriate in order to successfully carry out the department's
current and long-term work programs. The deletion of one Assistant Planning Director
position, the deletion of one General Plan Manager position, and the addition of one
Deputy Planning Director will create a more balanced management structure. There is
also the need to add one Development Services Technician. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL
SERVICES RELATED TO THE CITY OF CHULA VISTA MULTiPLE SPECIES
CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
On November 11, 1999, Remy, Thomas and Moose, LLP was retained by the City of
Chula Vista to provide legal services for the MSCP Subarea Plan. On May 13, 2003, the
City Council adopted the MSCP Subarea Plan for the City of Chula Vista. Adoption of
the resolution approves an amendment to the contract to allow for additional legal
services related to the MSCP Subarea Plan. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
12. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION
AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS
FOR THE FISCAL YEAR ENDED IUNE 30, 3002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE REPORT AND APPROVING THE FINDING THAT THE
UNEXPENDED FUNDS IN THE PARK ACQUISITION AND DEVELOPMENT FEE
FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES
FOR WHICH THE FEES WERE COLLECTED
Page 4 - Council Agenda 12/16/03
State law requires local agencies assessing Development Impact Fees (DIF) fees and
capacity charges to make available specified financial data to the public each fiscal year.
This report satisfies that requirement and provides the public with information on
Parkland Acquisition and Development (PAD) fees. (Director of Finance, Director of
Engineering)
Staff recommendation: Council accept the report and adopt the resolution.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT WITH SOUTH BAY VOLKSWAGEN FOR THE
DONATION OF A VOLKSWAGEN BEETLE TO THE CITY'S LIBRARY
DEPARTMENT FOR USE AS A "SOUTH BAY BOOK BUG" TO PROMOTE
AWARENESS ABOUT THE DEPARTMENT AND ITS PROGRAMS
During the past year, South Bay Volkswagen and the Library Department have
completed a successful pilot partnership with the "South Bay Book Bug." The dealership
donated a Volkswagen Beetle and accompanying materials to the department for the year,
and the Library used the "South Bay Book Bug" to promote awareness about the
Department and its programs. In return, South Bay Volkswagen received recognition as
the "South Bay Book Bug" sponsor. Staff recommends approval of a new agreement
with the dealership for another year with two one-year extension options. (Assistant City
Manager Palmer)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak"form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
14. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION AND OPERATION OF THE BONITA BRANCH COUNTY
LIBRARY AND HISTORICAL MUSEUM/PUBLIC SAFETY CENTER, LOCATED
ON THE NORTH SIDE OF BONITA ROAD, WEST OF THE CHULA VISTA
MUNICIPAL GOLF COURSE CLUBHOUSE (4/5THS VOTE REQUIRED ON ITEMS
14. A. AND B.)
Page 5 - CouncilAgenda 12/16/03
The applicant, the County of San Diego Department of General Services, has submitted
an application requesting approval of a Conditional Use Permit to construct and operate a
branch public library and community meeting room, a historical museum/public safety
center, and an associated parking lot. The project site is a portion of the City of Chula
Vista owned parcel located adjacent to the Chula Vista Municipal Golf Course on Bonita
Road. Approval of a lease agreement between the City of Chula Vista and the County of
San Diego, regarding the lease of City property and construction and operation of the
Library is requested. Also requested is the approval of an agreement between the City of
Chula Vista and the Bonita Center, LLC, and adjacent property owner, regarding the
construction of improvements related to construction of the Library. (Director of
Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND COUNTY OF SAN DIEGO FOR THE LEASE OF
APPROXIMATELY 1.55 ACRES OF LAND FOR THE
CONSTRUCTION AND OPERATION OF THE BONITA BRANCH
COUNTY LIBRARY AND HISTORICAL MUSEUM/PUBLIC SAFETY
CENTER, AND APPROPRIATE FUNDS THEREFORE (4/5THS VOTE
REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CItY OF
CHULA VISTA AND THE BONITA CENTRE, LLC, REGARDING
CONSTRUCTION OF IMPROVEMENTS RELATED TO THE BONITA
BRANCH COUNTY LIBRARY AND HISTORICAL
MUSEUM/PUBLIC SAFETY CENTER, AND APPROPRIATE FUNDS
THEREFORE (4/5THS VOTE REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING A CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION AND OPERATION OF THE BONITA
BRANCH COUNTY LIBRARY AND HISTORICAL
MUSEUM/PUBLIC SAFETY CENTER, LOCATED ON THE NORTH
SIDE OF BONITA ROAD, WEST OF THE CHULA VISTA
MUNICIPAL GOLF COURSE CLUBHOUSE
ACTION ITEMS
The items listed in this section of the agenda 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.
15. STATUS REPORT ON PROCESSING AND SITE OPTIONS FOR SWEETWATER
UNION HIGH SCHOOL DISTRICT, HIGH SCHOOL NO. 13 IN OTAY RANCH
Page 6 - Council Agenda 12/16/03
This information report will provide the basis for the City's response to the request of the
Ad Hoc Schools Task Force meeting of November 20, 2003, wherein staffs of the City
and school districts were asked to provide a status report on school construction to the
meeting of January 22, 2004. A key component of this report will be the status of the
entitlement processing in support of the construction of High School #13 by the
Sweetwater Union High School District (SUHSD). (Director of Planning and Building)
Staffrecommendation: Council accept the report.
16. CONSIDERATION OF ADOPTION OF TWO RESOLUTIONS (A) APPROVING THE
APPROPRIATION OF FUNDS FOR FIRE COMPUTER AIDED DISPATCH (CAD)
INTERFACES AND EQUIPMENT FOR A CAD MESSAGE SWITCH AND; (B)
ADDING ONE MID-MANAGEMENT FIRE COMMUNICATIONS MANAGER AND
RELATED SERVICES AND SUPPLIES, AND ONE MID-MANAGEMENT MICRO
COMPUTER SPECIALIST (4/5THS VOTE REQUIRED)
On October 7, 2003, Council took action to notify the Heartland Communications
Autl~ority of the City's intent to terminate the Joint Powers Agreement for dispatch
services on July 1, 2004. Adoption of the resolutions will, (a) appropriate funds to
complete necessary computer aided dispatch interfaces needed to transition fire dispatch
services to the City of Chula Vista, and; (b) appropriate funds to hire a Fire
Communications Manager and Micro Computer Specialist position needed to facilitate
the transition and staff the Fire and Management Information Services departments. (Fire
Chief)
Staffrecommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY04 CAPITAL IMPROVEMENT BUDGET AND
APPROPRIATING $1,580,881 FOR FIRE COMPUTER ADED DISPATCH
(CAD) INTERFACES AND EQUIPMENT FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND AND $585,000 FROM THE
AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FUND FOR A CAD MESSAGE SWITCH AND CITY COUNCIL
APPROVING THE FIRST AMENDMENT AND AUTHORIZING THE
MAYOR TO EXECUTE ATTACHED FIRST AMENDMENT WITH THE
CURRENT CAD PROVIDER - CROSS CURRENT FOR DEVELOPMENT OF
CAD INTERFACES NEEDED TO TRANSITION DISPATCH SERVICES
FROM HEARTLAND TO THE CITY OF CHULA VISTA SUBJECT TO THE
REVIEW AND APPROVAL OF THE CITY ATTORNEY (4/5THS VOTE
REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 FIRE DEPARTMENT BUDGET TO
ADD ONE MID MANAGEMENT FIRE COMMUNICATIONS MANAGER
$52,491 AND RELATED SERVICES AND SUPPLIES $36,500 AND
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND AND AMENDING THE MANAGEMENT INFORMATION
SERVICES BUDGET TO ADD ONE MID MANAGEMENT MICRO
COMPUTER SPECIALIST $48,107 IN JANUARY OF 2004 BY
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND AND AMENDING THE FISCAL YEAR 2005 SPENDING
PLAN BY $250,611 FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND (4/STHS VOTE REQUIRED)
Page 7 - Council Agenda 12/16/03
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
17. CITY MANAGER'S REPORTS
18. MAYOR'S REPORTS
A. Appointment of Councilmember to Legislative Committee.
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)
· Grippi v. City o£Chula Vista (SDSC No. GIC 801393)
21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· One case
ADJOURNMENT to the Regular Meeting of January 6, 2004, at 4:00 p.m. in the Council
Chambers (There will be no meetings on December 23 and December 30,
2003.)
Page 8 - Council Agenda 12/16/03
December 9, 2003
Susan Bigelow
City Clerk
City of Chula Vista
Sent via email Letter of Resignation
Dear Ms. Bigelow:
It is with sincere regret that I must resign from the Housing Advisory
Commission. I have recently taken a new position, as Senior Government
Relations Representative for the Orange County Transportation Authority, which
required me to relocate to Riverside. Accordingly, I am no longer able to serve
the City of Chula Vista.
Thank you for the opportunity
Sincerely,
Kecia Washington
12772 Date Palm Circle
Riverside, Ca 92503
909 689-1779
cc: Palmira Montiel
COUNCIL AGENDA STATEMENT ~.
Item:
Meeting Date: 12/16/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista, California,
Approving the Nature Center's Participation in the Metropolitan Water District's
Community Partnering Program Grant Process; and Authorizing the City Manager
to Execute the Agreement and Related Documents.
SUBMITTED BY: Nature Center Directo~j~
City Manage~;~l~'~c ~'' \ (4/$ths Vote: Yes No X )
REVIEWED
BY:
The Nature Center has been invited to participate in a competitive grant process sponsored by the
Metropolitan Water Distdct (MWD) to further watershed and water use education efforts in Southern
California. Consistent with the Nature Center's established mission to educate the public about the
importance of coastal resource conservation, staff intends to submit a proposal for funding beginning in
FY '05.
RECOMMENDATION: That the Council adopt the Resolution approving the Nature Center's
participation in the MWD's Community Partnering Program grant process; and authorizing the City
Manager to execute the agreement and related documents.
BOARDSICOMMISSlONS RECOMMENDATION: Although timing of the invitation to participate
precluded formal review of this item by the Nature Center Board of Trustees at its last regularly-
scheduled meeting, the Board was briefed on the potential of this grant and was wholly supportive of its
pursuit.
DISCUSSION: Assisted by the efforts of County Supervisor Greg Cox, the Nature Center has been
invited to participate in a grant process sponsored by the Metropolitan Water District (MWD) to further
watershed and water use education efforts in Southem California. Referred to as the Community
Partnering Program (CPP), MWD makes grants, ranging from $3,000 to $75,000, available to Southern
Califomia non-profit entities on a competitive basis.
Consistent with the Nature Center's established mission to educate the public about the importance of
coastal resource conservation, Nature Center staff intends to submit a proposal which would include
watershed and water use education messages as a part of the remodel of the interior galleria exhibit
space (approved CIP project # GG-175) slated to begin concept design early in 2004. Although the
application pedod will close January 31, 2004, the Nature Center has been strongly encouraged to
submit its proposal as early as possible in January.
The CPP application package includes various documents including a project description and hold
harmless agreement. With this action, the Council will be authorizing the City Manager to review and
execute those documents necessary for the submittal of the application.
FISCAL IMPACT: If the Nature Center is awarded a grant by the MWD, the fiscal impact would be a
positive one, potentially providing funds in excess of $50,000 per year for up to three years to offset
planned capital, staff and maintenance costs. Funds awarded would be appropriated through the
regular CIP and budget processes.
COUNCIL RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO APPROVE CHULA VISTA NATURE
CENTER TO PARTICIPATE IN THE METROPOLITAN
WATER DISTRICT' S COMMUNITY PARTNERING
PROGRAM GRANT PROCESS AND AUTHORIZiNG THE
CITY MANAGER TO EXECUTE THE AGREEMENT AND
RELATED DOCUMENTS
WHEREAS, the Nature Center has been invited to participate in a competitive grant
process sponsored by the Metropolitan Water District (MWD) to further watershed and water use
education efforts in Southern California; and
WHEREAS, the timing of the invitation to participate precluded formal review of this
item by the Nature Center Board of Trustees at its last regularly scheduled meeting, the Board
was briefed on the potential of this grant and was wholly supportive of its pursuit; and
WHEREAS, Nature Center staff intends to submit a proposal which would include
watershed and water use education messages as a part of the remodel of the interior galleria
exhibit space (approved CIP Project #GG-175) slated to begin concept design early in 2004.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Nature Center's participation in the MWD's Community
Partnering Program grant process; and authorizes the City Manager to execute the agreement
presented in substantially final form and subject to review and approval of the City Attorney and
related documents.
Presented by Approved as to form by
Dan Beintema
Nature Center Director
J:\Attomey\Resos\Nature Center Grant MWD
1
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO SUBSTANTIALLY FINAL FORM BY THE
CITY ATTORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
)/nn Moore~ ~]'- '
City AttorneyCj
Dated:
The Metropolitan Water District of Southern California
Community Partnering Program Agreement - Nature Center
THE METROPOLITAN WATER DISTRICT OF SOUTHE~ZN CALIFORNIA
COMMUNITY PARTNERING PROGRAM AGREEMENT
2004-2005
Metropolitan's Community Partnering Program (CPP) provides sponsorships for water-related
projects/programs to further Metropolitan's mission of encouraging the awareness of ~vater
quality, water conservation and water reliability issues for the Southern California Region.
The Metropolitan Water District of Southern California agrees to provide a sponsorship in the
amount of $ to
(Entity) under the CPP for the purpose of conducting the following water-related project (s):
The project(s) is scheduled to be completed by no later than ~, 200_. If the
project(s) is not completed by that date, Entity agrees to return the balance of any unused
sponsorship funds provided pursuant to this Agreement to Metropolitan within 30 days of this
scheduled completion date, unless Metropolitan and Entity agree, in writing to an extension of
this sponsorship agreement.
Metropolitan's only involvement in Entity's project(s) is to provide sponsorship funds. Subject
to the availability of funds, Metropolitan's only obligation to any Entity participating in the CPP
is to provide the sponsorship amount for the purpose stated. Metropolitan is not responsible for
any liability to any participants in a sponsored project regardless of any liability incurred in
connection with the Entity's participation in the CPP.
Entity assumes all risk of loss resulting from liability, damage, or'injury to any pmpercy or
persons arising from the Program, including all risk of injury to its employees, agents,
contractors, students, volunteers, and project participants. Pursuant to this Waiver of Lifibility,
Entity shall defend, indemnify, and hold harmless Metropolitan, its Board of Directors, officers,
employees, and agents from and against all claims, suits, or causes of action for injury to any
person or damage to any property arising out of any intentional or negligent acts or errors or
omissions arising out of Entity's Program.
ACCEPTED:
(ENTITY). BY
(Print name)
TITLE
DATE
Federal ID No.
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 12/16/03
ITEM TITLE: Resolution appropriating $70,000 from the, available balance
of the TransNet fund, and accepting bids and awarding a contract for the
"Americans with Disability Act (ADA) Curb Cats Program, FY
2003/2004 on Various Locations in the City of Chula Vista, California
(STL-292)" Project.
SUBMITTED BY: Director o£Engineering~~!)/
[
REVIEWED BY: City Manager ,~ 0~ (4/Sths Vote: Yes X No __)
On October 29, 2003, the Director of Public Works received sealed bids for the "American's
with Disabilities Act (ADA) Curb Cuts Program, FY 2003/2004 on Various Locations in the City
of Chula Vista, Califomia (STL-292)" Project. The work to be done involves the construction of
pedestrian ramps and bus stop area bench pads on various streets in the City o1' Chula Vista. The
work also includes all labor, material, equipment, transportation, protection of existing
improvements and traffic control necessary for the project.
RECOMMENDATION: That Council appropriate an $70,000 from the available balance of
the TransNet fund to the "American's with Disabilities Act (ADA) Curb Cuts Program, FY
2003/2004 (STL-292) Project," accept bids and award the construction contract to Jimenez Inc.
DBA MJC Construction of Chula Vista, California, in the amount of $105,920:00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project were budgeted in the FY 2003-04 Capital Improvements Program (CI1~)
budget. This is an annual program funded with Community Development Block Grant funds
(CDBG). Its purpose is to construct as many pedestrian ramps as possible with the allocated
funds at various locations throughout the City. The locations are generally near schools, shopping
areas, bus routes or in many cases responding to specific requests by citizens to install the
pedestrian ramps. In addition, the Transit Division requested that bus stop area bench pads be
installed where bus stops are located in the vicinity of the proposed pedestrian ramps.
Constructing both at the same time will save costs and provide the needed bus stop area bench
pads to later install benches and trash cans for residents utilizing the City's transit system.
Currently, patrons of the transit system are forced to gather on unpaved parkways. City staff has
programmed $100,000 in TransNet funds through SANDAG to supplement any sidewalk-related
projects for this fiscal year. TransNet funds in the amount of $70,000 are proposed to be used for
this project, plus $59,146 of CDBG monies already appropriated.
Page 2, Item --%
Meeting Date: 12/19/0~
The City received bids from only two contractors as follo~vs:
CONTRACTOR BID AMOUNT
1. Jimenez Inc. DBA MJC Construction, Chula Vista, California $105,920.00
2. Portillo Concrete Inc., Lemon Grove, California $109,819.00
The bid by Jimenez Inc. DBA MJC Construction exceeds the Engineer's estimate of $68,150.00
by $37,770.00 or approximately 55%. This may be due to the City obtaining only two bids and
low estimates for the additional scope of work associated with the construction of the bench
pads. Staff's bid estimate was based on average prices for similar type of work completed during
the last three years. Although the lowest bid was above the Engineer's estimate, City staff still
believes that the bid estimates are reasonable based on current unit prices and ADA
requirements. This contractor has constructed current and past work for the City with favorable
results. The Contractor's License No. 754128 is current and active. Staff has reviewed the low
bid and recommends awarding the contract for $105,918.00 to Jimenez Inc. DBA MJC
Construction of Chula Vista, California.
Contract Amount Revision
The contract documents allow the City to decrease or increase the unit quantity for the
construction of additional sidewalk ramps without a change in the contract unit price bid by the
Contractor.
Disadvantaged Business Enterprise Goal
The bid documents set forth participation requirements per Federal Regulation for meeting the
disadvantaged and women-owned business goals. Community Development has reviewed the
bid documents submitted by the two (2) bidders and. concluded that DBE review is not required
since the lowest bidder, Jimenez Inc. DBA MJC Construction, did not list any subcontractor's for
this project (See Attachment C).
Staff also reviewed Jimenez Inc. DBA MJC Construction eligibility status with regard to federal
procurement programs and the status of the State contractor's licenses. Jimenez Inc. DBA MJC
Construction is not listed as excluded from Federal Procurement Programs (list of parties
excluded from Federal procurement or non-procurement programs as of November 14, 2002).
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment C.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under Section 15301, Class l (c) (Existing Facilities) of the
California Environmental Quality Act (Minor Alterations of Existing Public Improvements or
Public Structures).
Page 3, Item
Meeting Date: 12/19/03
Prevailing Wage Statement
The source of funding for this project is Community Development Block Grant funds (CDBG)
and TransNet funds. Based on the current project funding guidelines, the Contractor is obligated
to meet the prevailing wage requirements which were included as part of the bid documents for
this project. Prevailing wage scales are those determined by the Federal Department of Labor.
FISCAL IMPACT
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Award Amount (Jimenez Inc. DBA MJC Construction) $105,918.00
B. Contingencies (approximately 10%) $10,591.00
C. Staff Costs (Design & Inspection) $10,591.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $127,100.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. FY 2002-03 ADA Curb Cut Annual Program (CDBG) (STL-292) $59,146.00
B. Appropriation of TransNet funds (Fund 227) $70,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $129,146.00
TransNet funds, in the amount of $100,000, were programmed through SANDAG and approved
by SANDAG's board to supplement sidewalk-related projects, such as this project. Seventy-
thousand dollars of the $100,000 programmed for sidewalk-related projects is proposed to
supplement this project. Approval of this resolution would appropriate $70,000 from the
available balance of TransNet funds. Upon completion of the project, only routine maintenance
will be required.
Attachments:
A - Table I, II
B - Table III
C - Memorandum from Community Development
D - Contractor's Disclosure Statement
J:\Engineer~.GENDA\STL292 ADA Curb Cuts FY 2003_2004.doc
ATTACHMENT
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ATTACHMENT
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
(:IIY OF 619.585.5722 - 619.585.5698 Fax
CHUIA VISTA jatwood@cLchula-vista.ca.us
Monday, November 24, 2003
!'O= JIM HOLMES, CIVIL ENGINEER, DESIGN SECTION
FROM: JUDITH ATWOOD, SENIOR COMMUNITY DEVELOPMENT SPECIALIST
RE: MBE/VVBE for STL 292 (ADA CURB CUTS PROGRAM - FY 03-04)
I have reviewed the bid proposal from Jimenez Inc. DBA MJC Construction for the ADA
Curb Cuts program. Since MJC is not using any subcontractors, I have determined that
MBENVBE certification is not required.
Please call me at extension 5036 if you have any questions.
ATT~,CHMENT~
CITY OF CItULA ~qSTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the conlract, e.g., owner, applicant, contractor, subcontractor, material supplier.
6~AVi ~-
2. If any person* identified pursuant to (I) above is a corporation or parmership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person ser~fing as director of the non-profit organization or as trustee or beneficiary or tmstor of
the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
5. Has any person* associated with this contract had any financial dealings with an official** of the City
of Chula Vista as it relates to this contract within the past 12 months? Yes No %/~
J:XEn~neerkDESIOlCSt1292XSt1292 Con~-act.doc ~. ~ ~/~
If Yes, briefly describe the nature of the financial interest the official** may have in this
contract.
Have you made a conlribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No'~ Yes __ If yes, which Council member?
Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money
to retire a legal debt, gift, loan, etc.) Yes No
If Yes, which official** and what was the nature of item provided?
S~gnature of Contractor/Applicant
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fi'atemal organization, corporation, estate, trust, receiver, syndicate, any other county,
cit~, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee, or
staff members.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATiNG $70,000 FROM TIlE AVAILABLE
BALANCE OF THE TRANSNET FUND, AND ACCEPTiNG BIDS
AND AWARDING A CONTRACT FOR THE "AMERICANS WITH
DISABILITY ACT (ADA) CURB CUTS PROGRAM, FY 2003/2004 ON
VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA (STL-292)" PROJECT :
WHEREAS, on October 29, 2003, the Director of Public Works received the
following sealed bids for the "American's with Disabilities Act (ADA) Curb Cuts
Program, FY 2003/2004 on various locations in the City of Chula Vista, California (STL-
292)" Project; and
Contractor Bid Amount
1. Jimenez Inc. DBA MJC Construction, Chula Vista, CA $105,920.00
2. Portillo Concrete, Inc., Lemon Grove, CA $109,819.00
WHEREAS, the bid by Jimenez, Inc., DBA MJC Construction exceeds the
Engineer's estimate of $68,150.00 by $37,770.00 or approximately 55%; and
WHEREAS, City staff still believes that the bid estimates are reasonable based on
current unit prices and ADA requirements; and
WHEREAS, the bid documents set forth participation requirements per Federal
Regulation for meeting the disadvantaged and women-owned business goals.
Community Development has reviewed the bid documents submitted by the two (2)
bidders and concluded that DBE review is not required since the lowest bidder, Jimenez,
Inc., DBA MJC Construction, did not list any subcontractor's for this project; and
WHEREAS, the Environmental Review Coordinator has reviewed the work
involved in this project and has determined that the project is exempt under Section
15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act
(Minor Alterations of Existing Public Improvements or Public Structures); and
WIIEREAS, TransNet funds, in the amount of $100,0000, were programmed
through SANDAG and approved by SANDAG's board to supplement sidewalk-related
projects, such as this project; and
WHEREAS, seventy thousand dollars of the $100,000 programmed for sidewalk-
related projects is proposed to supplement this project, approval of this resolution would
appropriate $70,000 from the available balance of TransNet funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby appropriate $70,000 from the available balance of the TransNet
fund to the "American's with Disabilities Act (ADA) Curb Cuts Program, FY 2003/2004
(STL-292) Project," accept bids and award the construction contract to Jimenez Inc. DBA
MJC Construction of Chula Vista, California in the amount of $105,920.00.
Presented by Approved as to form by
Clifford Swanson ~nn Moore
Director of Engineering City Attorney
J:/attorney/reso/Finance/appropriation TransNct ADA
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 12/16/03
ITEM TITLE: Resolution Approving right-of-way contracts with eight property
owners providing monetary compensation and other considerations in
exchange for their granting of easements to the City necessary for the
construction of the 1-805/Olympic Parkway Improvement Project (CY-102)
and authorizing the City Clerk to accept said easements on the City's behalf
SUBMITTED BY: Director of Engineering~
City Manage~)~O~e; (4/5ths Vote: __No X
REVIEWED
BY:
The City Council is requested to adopt a resolution approving right-of-way contracts with eight
property owners providing monetary compensation and other considerations in exchange for their
granting of easements to the City necessary for the construction of the 1-805/Olympic Parkway
Improvement Project (CY-102) and authorizing the City Clerk to accept said easements on the City's
behalf.
RECOMMENDATION: That Council adopt a resolution approving the eight right-of-way
contracts and authorize the City Clerk to accept the appurtenant Easement Deeds.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
The City Council voted on June 6, 2003 to adopt a Resolution of Necessity and authorized the City
Attorney to pursue the acquisition of easements necessary for the construction of the 1-805/Olympic
Parkway Improvement Project. This resolution affected 14 property owners. Through negotiations,
all 14 owners have agreed to grant the needed easements to the City and have executed right-of-way
contracts and easement deeds. The eight contracts presented here exceed staffs approval limit of
$25,000 as established by City Ordinance No. 18097. These eight contracts are substantially in
conformance with the City's original offers and the monetary consideration is consistent with the
City's appraised values for the easements. The eight ownerships and the contract amounts totaling
$306,731.00 are as follows:
OWNER(S) APN CONTRACT AMOUNT
Gritts 624-210-08 $66,680
Atteberry 624-210 -09 $43,200
Goodman 624-210-10 $31,200
Garza 624-210-11 $33,100
Dizon 624-210-12 $34,200
Huerta 624-210-13 $31,851
Castro 624-210-16 $40,400
Cruz Family Trust 624-210-20 $26,100
FISCAL IMPACT: Funds for these right-of-way acquisitions have been appropriated from the
City's TDIF Program (STM-328).
File: STM-328 (I-805/OLYMPIC)
J:\EngineerLAGENDA\l-805 Agreement Accept.doc
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RIGHT OF WAY
CONTRACTS WITH EIGHT PROPERTY OWNERS PROVIDING
MONETARY COMPENSATION AND OTHER
CONSIDERATIONS IN EXCHANGE FOR THEIR GRANTING OF
EASEMENTS TO THE CITY NECESSARY FOR THE
CONSTRUCTION OF THE 1-805/OLYMPIC PARKWAY
IMPROVEMENT PROJECT (CY-102) AND AUTHORIZING THE
CITY CLERK TO ACCEPT SAID EASEMENTS ON THE CITY'S
BEHALF.
WHEREAS, the City Council voted on June 6, 2003 to adopt a Resolution of
Necessity and authorize the City Attorney to pursue the acquisition of easements necessary for the
construction of 1-805/Olympic Parkway Improvement Project; and
WHEREAS, this resolution affected fourteen (14) property owners; and
WHEREAS, through negotiations, all l 4 owners have agreed to the needed easements
to the City and have executed right-of-way contracts and easement deeds; and
WHEREAS, eight contracts presented here exceed staffis approval limit of $25,000 as
established by City Ordinance No. 18097; and
WHEREAS, these eight contracts are substantially in conformance with the City's
original offers and the monetary considerations is consistent with the City's appraisal values for the
easements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the right-of-way contracts with eight property owners providing monetary
compensation and other considerations in exchange for their granting of easements to the City
necessary for the construction of the 1-805/Olympic Parkway Improvement Project (CY-102) and
authorizing the City Clerk to accept said easements on the City's behalf, a copy of which shall be
kept on file in the office of the City Clerk.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director Engineering City Attorney
J:\attom ey\reso\Easements\C Y- 102
THE ATTACHED AGREEMENTS HAVE 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: ~r..., //; ~- OO.~
Right-of-Way Contracts with Eight Property owners
Providing monetary compensation and other considerations in exchange for
their granting easements to the City necessary for the construction of the
1-805/Olympic Parkway Improvement Project (CY-102)
O]Y 01:
[HULA vI~rA
December 11,2003
TO: The Honorable Mayor and City Council
FROM: Ann Moore, City Attorney/~
SUBJECT: Right-of-Way Contract
One contract, ANP# 624-210-08
Joy C. Gritts and Phyllis A. Gritts
will be provided at
the City Council Meeting.
It is still under negotiation.
CIT~ OF CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA. California Project: 1-805/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-210-09
ROBERT L. A'I-I'EBERRY and LINDA L. Document No. R/W2-09 (Grant Deed) and
ATTEBERRY, husband and wife as joint tenants TCE2-10 (Grant Of Temporary Construction
Easement)
Situs Address (or location):
460 Rivera Court
Chula Vista, CA 91911-5510
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and ROBERT L. ATTEBERRY and LINDA L. A'I-rEBERRY, husband and wife as joint tenants, herein called
the "Grantor(s)".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: RNV2-09 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No.: TCE2-10 (Grant Of Temporary Construction Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple interest in the real property described in the Grant Dee'cT along
with a permanent footing easement and requires a temporary easement interest in the property
described in the Grant Of Temporary Construction Easement. These interests are for a public
use for which the City has the authority to exercise the power of eminent domain. Grantors are
compelled to grant the rights sought by the City and the City is compelled to acquire the rights
being sought.
C. Both Grantor(s) and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantor(s) hereby irrevocably grant(s) t5 Cityl it§ ~,on~-ra-ctors, 'agents, and all others
deemed necessary by City, the irrevocable right to possession and use of the property
described in the Grant Deed and the property described in the Grant Of Temporary
Construction Easement. The possession and use of said property shall become effective upon
the execution of this agreement by all the parties and the deposit into escrow of the amount
shown in Section 2A which includes full payment for such possession and use.
JANMAC, INCJExpropriation Consultants ~,z'"'~ ~ (Chula Vista\Docurnent File\RofW Conlracts\TCE2-10)
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantor(s) the sum of $43,200 for the property conveye, d by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a retaining wall and replace the existing fencing within the part taken with a sound
attenuation wall and extend the existing side yard fences to a point of connection with the new
sound attenuation wall (using comparable materials).
3. Grantor(s):
A. Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition called for in Section 2A, including, but not limited to. W~9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amoun~ ~;hown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate-~axes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien '
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
JANMAC, INCJExpropriation Consultants ~ ~ (Chula Vista~Document File\RofiN Contracts\TCE2-10)
~,,,rY OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
6. Grantor(s), their(its) assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the '"2.~> day
of ~ ,2003.
ROBERT L ATTEBERRY and LINDA L. ATDEBERRY, husband and wife as joint tenants
ROBERT L~A'~'FE~ERRY- ~ "'~ LIN~'~.~ATTEBERRY- -'~,~.
Recommended for Approval:
JANMAC INC.
..~_~.~~~ CITY OF CHULA VISTA
ENGINEERING DEPARTMENT
By W,L. MacFARLANE, SR]VVA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
Dated:
~/~ ~ (Chula Vista\Document File\RofW Contracts\TCE2-10)
Page 1 of 3
CiTY OF CHULA VISTA . ENGINEERING D~PARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: 1-805/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-210-10
PATSY A. GOODMAN, a widow Document No. R/W2-08 (Grant Deed) and
TCE2-09 (Grant Of Temporary Construction
Easement)
Situs Address (or location):
468 Rivera Court
Chula Vista, CA 91911-5510
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and PATSY A. GOODMAN, a widow, herein called the "Grantor".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R/VV2-08 (Grant Deed - fee simple).
(2) Document No.: TCE2-09 (Grant Of Temporary Construction Easement).
follows:In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire conSideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple Tn~erest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Temporary
Construction Easement..These interests are for a public use for which the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
C. Both Grantor(s) and City recognize the exl~ense, time. effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantor(s) hereby irrevocably grant(s) to City, its contractors, agents, and all others
deemed necessary by City, the irrevocable right to possession and use of the property
described in the Grant Deed and the property described in the Grant Of Temporary
Construction Easement. The possession and use of said property shall become effective upon
the execution of this agreement by all the parties and the deposit into escrow of the amount
shown in Section 2A which includes full payment for such possession and use.
JANMAC. INC./Exproprialion Consullants
~* (Chula Vista,Document FiIe~RoNV Conlracts,TCE2.09)
CIT'f OF CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of 3
RtGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantor(s) the sum of $31,200 for the property conveye~l by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay~,all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a retaining wall and replace the existing fencing within the part taken with a sound
attenuation wall and extend the existino side yard fences to a point of connection with the new
~ound attenuation wall (usincl coml3areble materials).
3. Grantor(s):
A. Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantor's review of the lien priorities and payment demands, to
deduct and pay from the amount_shown in Section 2A, the amount necessary to s~tisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate taxes
due in any year except the year in which this escrow closes, together with penalties and-interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2^. If the
am. ount of the lien demand(s) exceeds the amount shown in Section 2A, a wriffen request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, ir! connection
JANMAC, INC.AExpropriali0n Consultants (Chula Visla[D0cument FiieLRolW C0niracls~TCE2-09)
, CI FY, O'F CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form. -
6. Grantor(s), their(its) assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the ~' ~'~ day
PATSY A. GOODMAN, a widow
Recommended for Approval:
JANMAC INC.
W.L. MacFARLANE, SF~JVVA ENGINEERING DEPARTMENT
Expropriation Consultant to the Approved:
CITY OF CHULA VISTA
/ Dated: ~ ~~~7~_.- By:.
Dated:
(Chula Vista~Documenl Flle~q~otVV Contracts~TCE2.09)
· ~ Page I of 3
CITY OF CHULA VISTA . ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: 1-805/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-210-11
MARIA ESPERANZA GARZA, a widow Document No. R/W2-07 (Grant Deed) and
TCE2-06 (Grant Of Temporary Construction
Easement)
Situs Address (or location):
476 Rivera Court
Chula Vista, CA 91911-5510
This Right. Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "'City",
and MARIA ESPERANZA GARZA, a widow, heroin called the 'Grantor".
The documents listed below covedng the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R/VV2-07 (Grant Deed - fee simple).
(2) Document No.: TCE2-08 (Grant Of Temporary Construction Easement).
folJows:ln consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple ih-t~rest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Temporary
Construction Easement. These interests are for a public use for which the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
Both Grantor(s) and City recognize the expense, time, effort, and dsk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property Interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantor(s) hereby irrevocably grant(s) to City, its contractors, agents, and all others
deemed necessary by City, the irrevocable dght to possession and use of the property
described in the Grant Deed and the properly described in the Grant Of Temporary
Construction Easement. The possession and use of said property shall become effective upon
/he execution of this agreement by all the parties and the deposit into escrow of the amount
shown in Section 2A which includes full payment for such possession and use.
JANMAC. INC.~Expropriation Consultants
CITY OF CHULA VISTA. ENGINEERING DEPARTMENT Page 2 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantor(s) the sum of $33,100 for the property conveyed by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section ?_A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a retaining wall and replace the existin~ fencinq within the part taken with a sound
.attenuation wall and extend the exist/hq side yard fences to a point of connection with .the new
sound attenuation wall (us/no cornDarable materials),
3. Grantor(s):
A. Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition ca ed for in Section 2.A, including, but not limited to, W-g Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantor's review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2_A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate taxes
due in any year except the year in which this escrow closes, together with penalties ancLJnterest
thereon, and/or delinquent and unpaid non. delinquent assessments which have become a lien
at the close of escrow, This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
JANMAC, INC,IExr~rol~fiation Consullanls
(Chula VistatDocurnen! FlletRollN Conlrects~TCE2-OS)
{~I~I-Y OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
6. Grantor(s), their(its) assigns and su~:cessors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the ~r .~ day
of ,~~-- ,2003.
MARIA EZPERANZA GARZA, a widow
Recommended for Approval:
JANMAC INC.
By.'~,~,..~~ CITY OF C HULA VISTA
ENGINEERING DEPARTMENT
W.L. MacFARLANE, SR/WA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
-- Dated:
~/,.~_~./.~ (Chula VistatDocumem File~RotVV Contracls~TCE2-Oa)
Page 1 ot 3
CITY OF CHULA VISTA - ENGINEERING DEPAR'I~IENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: 1-8051East Orange Ave:/Olympic Parkway
Grantor(s): APN 624-210-12
RICARDO ABUAN DIZON and LOURDES Document No. R/VV2-06 (Grant Deed) and
OLIVARES DIZON, Trustees of the Ricardo Abuan TCE2-07 (Grant Of Temporary Construction
and Lourdes Olivares Dizon Family Trust dated Easement)
March 10, 2001 Situs Address (or location):
484 Rivera Court
Chula Vista, CA 91911-5510
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and RICARDO ABUAN DIZON and LOURDES OLIVARES DIZON, Trustees of the Ricardo Abuan and
Lourdes Olivares Dizon Family Trust dated March 10, 2001, herein called the "Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Exprepdation Consultants, whose services have been retained by
the City:
(1) Document No.: R/W2-06 (Grant Deed - fee simple).
(2) Document No.: TCE2-07 (Grant Of Temporary Construction Easement).
tn consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple interest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Temporary
Construction Easement. These interests are for a public use for whioh the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
C. Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The ~.ompensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described ih-'t~i~- G~a-nt of Temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
JANMAC, INC.lExpropdatlort Consullants
CITY ~F CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
Pay to the order of the grantors the sum of $34,200 for the property conveyed by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a retaining wall and replace the existinq fencinq within the part taken with a sound
attenuation wall and extend the existinq side yard fences to a point of connection with the ne'~;'
sound attenuation wall (usinq comparable materiels).
3. Grantors:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2.A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and cGnsent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount~shown in Section 2A, the amount necessary to ~atisfy the
federal and state tax liens, judgement liens, lender demands and delinquent 'teal estate taxes
due in any year except the year in which this escrow closes, together with penaltiesanl~interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section P_A, a wdtten request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
JANMAC, INC./ExpropdatiDn Consultants
(Chula Vista~Document File~RofWContracts~TCE2-07) 06126/03
C;TY ~F CHULA VISTA - ENGINEERING DEPAR1MENT Page 3 of ~:
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
6. Grantors, their assigns and successors in interest, shall be bound by all the terms arid conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the ~- ~ '~ day
of ~(~..,~_~ ,2003.
RICARDO ABUAN D~ZON and LOURDES OLIVARES DIZON, Trustees of the Ricardo Abuan and Lourdes
Olivares Dizon Family Trust dated March 10, 2001
Recommended for Approval:
JANMAC INC.
By: ~ ENGINEERING DEPARTMENT
W.L. MacFARLANE, SRANA
Expropriation Consultant to the Approved:
CITY OF CHULA VISTA
Dated:
_ _ Dated:
(Chula Vis~atDocurnent Flle~RofW ContractsXTCE2-o?) 06/26/03
Gl'rY ~J; CHULA VISTA o ENGINEERING DERARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CiTY OF CHULA VISTA, California Project: 1-805/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-210-13
MARTIN HUERTA and TRAcY A, HUERTA, Document No, R/W2-05 (Grant Deeri) and
husband and wife as joint tenants TCE2-06 (Grant Of Temporary Construction
Easement)
Situs Address (or location):
490 Rivera Court
Chula Vista, CA 9191%5510
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and MARTIN HUERTA and TRACY A. HUERTA, husband and wife as joint tenants, herein called the
"Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R/W2-05 (Grant Deed - fee simple).
(2) Document No.: TCE2-0S (Grant Of Temporary Construction Easement).
follows:In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
1. A. The parties have herein set forth the whole of their agreement. The pedormance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple ~nterest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Tempo?ary
Construction Easement. These interests are for a public use for which .the City has the
authority to exercise the power of eminent domain. Granters are compelled to grant the rights
sought by the City and the City is compelled to acquire the dghts being sought.
C. Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation,
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable dght to possession and use of the property described in the
Grant Deed and the property described in the Grant Of Temporary Construction Easement.
The possession and Use of said property shaft become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
JANMAC. INC./Expropriation Consultants
(Chula Vlsla~Document FIIetRofVV Conlrac~s',TCEZ-O§)
CITY. OF CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantors the sum of $31,851 for the property conveyed by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a retaining wall and replace the existing fencing within the part taken with a sound
attenuation wall and extend the existing side yard fences to a point of connection with the new
sound attenuation wall (using comparable materials).
E. Disconnect and remove irrigation system along the existing 'slope fronting on Olympic Parkway.
Install a new irrigation pipe within the back yard from the existing controller to the existing pipe
that irrigates the slope fronting on Oleander Avenue.
F. If practical, work around the existing tree with the understanding that there is no guarantee that
cutting the root system will not impact the tree in the after condition.
3. Grantors:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section ZA, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation_(if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate taxes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a wdtten request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
JANMAC, INC.lExpropriatlnn Consultants (Chula Vista~Document File~RofW Contracts~TCE2-O6)
C~'~ Y OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT . CITY OF CHULA VISTA
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
6. Grantors, their assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
NO Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the /5-'- day
of ./~,.fho ,2003.
MARTIN HUERTA and TRACY A. HUERTA, husband and wife as joint tenants
MARTIN HUERTA TRACY A. HUERTA
Recommended for Approval: .............
JANMAC INC.
m 'acFARLANE, SR/V~/A - ENGINEERING DEPARTMENT
Expropriation Consultant to the Approved:
CITY OF CHULA VISTA
Dated:
(Chula Vista~Document File~RofVV Centrac(s~TCEZ.o6)
Page 1 of 3
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT ~ CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: 1-805/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-21 O- 16
JAMES L. CASTRO and LOURDES CASTRO, Document No. RNV2-04 (Grant Deed) and
Trustees under that certain Declaration of Trust TCE2-05 (Grant Of Temporary Construction
dated August 30, 1995 Easement)
Situs Address (or location):
1493 Oleander Avenue
Chula Vista, CA 91911-5536
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and JAMES L. CASTRO and LOURDES CASTRO, Trustees under that certain Declaration of Trust dated
August 30, 1995, herein called the "Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R/VV2-04 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No.: TCE2-05 (Grant Of Temporary Construction Easement).
tn consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement. '
B. The City requires the fee simple interest in the real property described in the Grant De68 along
with a permanent footing easement and requires a temporary easement interest in the property
described in the Grant Of Temporary Construction Easement. These interests are for a public
use for which the City has the authority to exercise the power of eminent domain. Grantors are
compelled to grant the rights sought by the City and the City is compelled to acquire the rights
being sought.
C. Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described in the Grant Of Temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
JANMAC, INCJExpropriation Consultants '~¢~ O (Chula Vista~Document File\RoflN Contracts\TCE2-05)
' CITY OF: CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantors the sum of $40,400 for the property conveyed, by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a retaining wall.
3. Grantors:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judge_m_ ent liens, lender demands and delinquent real estate taxes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
JANMAC, INC./Expropriation Consultants (Chula Vista\Document File~RofW Contracts\TCE2-05)
,. ,CHY OF, CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
6. Grantors, their assigns and successors in interest, shall be bound by all the term. s and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth HereinaboYe Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the '/'/'/ day
JAMES L. CASTRO and LOURDES CASTRO, Trustees under that certain Declaration of Trust dated August
30, 1995
//~AMES L. CASTRO - x LOORDES CASTRO
Recommended for Approval:
JANMAC INC.
By . ENGINEERING DEPARTMENT
W.L MacFARLANE, S~/WA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
Dated: "-"'~ ~'¢'0/~:::::' "~ By:
- Dated:
f/' ~ (Chula Vista\Document File'~RofW Contracts~TCE2-05)
CiTY OF CHULA VISTA - ENGINEERING DEPAR'i~IENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: 1-805/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-210-20
RAYMOND CRUZ and PACITA R. CRUZ as Document No. RNV2-02 (Grant Deed) and
Trustees of the Cruz Family Trust initially created TCE2-03 (Grant Of Temporary Construction
on June 22, 1992 Easement)
Situs Address (or location):
1500 Oleander Court
Chula Vista, CA 91911-5606
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and RAYMOND CRUZ and PACITA R. CRUZ as Trustees of the Cruz Family Trust initially created on June
22, 1992, herein called the "Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC, INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: RNV2-02 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No.: TCE2-03 (Grant Of Temporary Construction Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade o,r construction
of the proposed public improvement.
B. The City requires the fee simple interest in the real property described in the Grant De,c7 along
with a permanent footing easement and requires a temporary easement interest in the property
described in the Grant Of Temporary Construction Easement. These interests are for a public
use for which the City has the authority to exercise the power of eminent domain. Grantors are
compelled to grant the rights sought by the City and the City is compelled to acquire the rights
being sought.
C. Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and Settlement, in lieu of such
litigation.
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described in the Grant Of Temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
JANMAC, INC./Expropriation Consultants ~-~ (Chula Vista\Document File~Rofi/V Contracts\TCE2-03)
cI;r~' OF CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grant,rs'the sum of $26,100 for the property conveyed.by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
insurance.
D. Construct a combination retaining wall/sound attenuation wall and replace the existing fencing
within the part taken with a sound attenuation wall and extend the existing side yard fences to a
point of connection with the new sound attenuation wall (using comparable materials).
3. Grantors:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amouni~hown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate-taxes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
JANMAC, INC./Expropriation Consultants (Chula Vista~Document File~RofW Contracts\TCE2-03)
CITy OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
Grantors, their assigns and successors in interest, shall be bound by all the terms and. conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof, the Parties hereto have executed this agreement on the '~--~ ~t,,~ day
RAYMOND CRUZ and PACITA R. CRUZ as Trustees of the Cruz Family Trust initially created on June 22,
1992
By: By: ·
RAYMOND CRUZ. Trustee PACITA R. CRUZ, Trustee
Recommended for Approval:
JANMAC INC.
~L~L~ CITY OF CHULA VISTA
By , ~ ~ ENGINEERING DEPARTMENT
W.L MacFARLANE. SR"/VVA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
By:
/ /' Dated: '-
(Chula Vista\Document File\RofvV Contracts\TCE2-03)
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/16/03~
ITEM TITLE: Resolution Approving a Cooperative Agreement with
the State of California Department of Transportation Regarding
Construction Contract Administration on Westbound East H Street to
Northbound 1-805 Ramp Widening Project, Authorizing the Mayor to
Execute Said Agreement, and Appropriating $3,300,000 as a Loan
From the Available Balance of the Interim SR-125 Development
Impact Fee Fund to the Transportation Development Impact Fee Fund.
SUBMITTED BY: Director of Engineering/]J~
Manage~(~ /(/' (4/5ths Vote: Yes X No )
REVIEWED
BY:
City
In September 2003, the City completed the widening of the north side of East H Street from just
east of Hidden Vista Drive to the existing 1-805 northbound on ramp. The State of California
Department of Transportation (Caltrans) recently informed the City that funding for the on-ramp
widening and metering project to match the City's completed improvements has been delayed
until at least 2009. Staffhas been in discussion with Caltrans to find a solution that will enable
this vital improvement to be constructed in the Spring of 2004.
The City proposes to fund and construct the proposed on-ramp widening within the State
highway right of way to improve the flow of traffic from westbound East H Street onto
northbound 1-805. Caltrans will perform the design and provide the necessary environmental
permits for the project. The City will advertise, award, and administer the construction contract
and will provide environmental mitigation for the project. In order for the City to perform these
contract duties within the State's right of way, Caltrans requires that the City enter into a
cooperative agreement which sets out the responsibilities of each agency for the project.
RECOMMENDATION: That the City Council approve the cooperative agreement with the
State of California Department of Transportation regarding the design and construction of the
Westbound East H Street to Northbound 1-805 on-ramp widening, authorize the Mayor to
execute said agreement, and appropriating $3,300,000 as a loan from the available balance of the
Interim SR-125 Development Impact Fee Fund to the Transportation Development Impact Fee
Fund.
BOARDS/COMMISSIONS: None
DISCUSSION:
The recently completed widening of the north side of East H Street east of Hidden Vista Drive to
the 1-805 northbound on ramp is part of the Eastern Chula Vista Traffic Enhancement Program
previously approved by City Council. When the East H Street widening project was
contemplated, it was designed to match the proposed ramp widening to be built by Caltrans as
Page 2, Item -~
Meeting Date 12/16/03
part of a corridor ramp metering project on 1-805. At the commencement of the City's project,
Caltrans was performing design and environmental permitting for the ramp metering project and
it was anticipated that the actual on-ramp widening would be performed concurrent with or
immediately after the construction of the City's widening project. The City has recently been
informed by Caltrans that the funding for the ramp metering projects will be delayed until at least
the State's FiscalYear 2009-2010. With the lack of an alternative funding source, the existing
condition of two westbound lanes on East H street flowing into one on-ramp lane could be a long
term issue of concern to the City.
To provide an immediate solution, staff entered into discussions with Caltrans to enable the
construction of the ramp project in early 2004. A further complication on the project arose with
the discovery of two pairs of California gnatcatcher within the project impact area. In order for
the project to not be delayed it is critical that the necessary permits be obtained and the cleating
of this habitat occur prior to February 15, 2004. If the habitat is not cleared by this date, no work
can occur until the end of the gnatcatcher breeding season (February 25 to September 1). This
would result in a delay in construction of the on-ramp widening of almost a year.
The proposal put forward by staff and Caltrans requires Caltrans to perform all necessary right of
way and design for the ramp widening. Further, Caltrans is responsible for obtaining all
necessary environmental permits to allow the City to enter the project area and clear the affected
habitat prior to the February 15, 2004 deadline. The City will, using the Caltrans provided
design documents, advertise, award, and administer, the construction of the project utilizing City
funds. The City will be responsible for providing the necessary mitigation for the impacts to the
gnatcatcher. This process and the responsibilities of each party are described in the cooperative
agreement before City Council tonight.
The agreement specifies:
- STATE agrees to prepare plans, specifications and estimate (PS&E) for the PROJECT at
STATE expense;
- STATE agrees to prepare by January 31, 2004, PS&E including, but not be limited to,
design engineering at STATE expense;
- STATE will by December 31, 2003, to provide CITY, at no cost to CITY, all the
necessary layouts to allow CITY to secure rights of entry to allow CITY to clear
PROJECT site of vegetation;
- STATE will secure all required permits, including, but to limited to, Regional Water
Quality Control Board number 401, U.S. Corps of Engineers number 404, Department of
Fish and Game number 1601, and the Coastal Zone prior to issuing a Notice to Proceed
to the CITY Contractor selected to construct PROJECT;
- STATE will perform all right of way activities, including determination of right of way
impacts and associated costs;
- STATE will perform survey mapping during PS&E and construction phases at STATE
expense;
- CITY agrees to fund all PROJECT construction costs, estimated to not exceed $3,000,000,
and will construct PROJECT in accordance with STATE's PS&E;
Page 3, Item ~
Meeting Date 12/16/03
- CITY to perform the necessary geotechnical investigations and drilling and provide a
geotecknical report conforming to STATE standards;
- CITY to provide necessary environmental mitigation sites as determined and detailed in
the final environmental documentation and as required by permitting agencies. (This cost
is currently estimated not to exceed $300,000.00);
- CITY to provide all necessary construction capital and construction engineering support
to construct the project;
- CITY to pay all PROJECT related landscape maintenance costs, including water costs for
12 months from date of completion of construction.
Due to timing implications, Caltrans has proposed to initially provide the necessary mitigation
for the impacts to the California Gnat Catcher. The City will provide replacement mitigation to
Caltrans at a later date. Although the mitigation replacement is not specifically covered in the
Cooperative Agreement, City staff anticipates that it will be a condition of the encroachment
permit issued by the State. Staff estimates that the mitigation cost will not exceed $300,000.
This amount is included in the total amount of the loan appropriation.
The agreement mutually provides that any hazardous material or contamination of an HM-1
category found within existing State highway right of way during construction requiring remedy
or remedial action, shall be the STATE's responsibility. Hazardous material of HM-1 category
is defined as that level or type of contamination which State or Federal regulatory control
agencies having jurisdiction have determined must be remediated by reason of its mere
discovery, regardless of whether it is disturbed by PROJECT or not. Any hazardous material or
contamination of an HM-1 category found within local road right of way during construction
requiring same defined remedy or remedial action shall be responsibility of CITY. The
agreement further provides that STATE will exert every effort to fund remedy or remedial action
for which STATE is responsible. In the event STATE is unable to provide immediate funding,
CITY will have an option to either delay further construction of PROJECT until STATE is able
to provide that funding or CITY may proceed with remedy or remedial action at CITY's
expense. In such event, STATE agrees to reimburse CITY for remedial work within STATE's
right of way, subject however to the appropriation of funds by the California Transportation
Commission for that purpose and the availability of State Budget Authority.
The agreement defines similar responsibilities regarding hazardous material of HM-2 category.
Hazardous material or contamination of HM-2 category is defined as that level or type of
contamination which said regulatory control agencies would have allowed to remain in place if
undisturbed or otherwise protected in place had the PROJECT not proceeded.
The agreement allows the City to terminate the project in the event that any previously
unidentified cultural, archaeological, palentological or other protected resoumes are encountered
during construction and the City deems that the associated mitigation costs related to these
resources are excessive.
The agreement indenmifies the STATE against any damage or liability occurring by reason of
anything done or omitted to be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY. It further indemnifies the CITY against any damage or liability
Page 4, Item ~m.:~
Meeting Date 12/16/03
occurring by reason of anything done or omitted to be done by STATE under or in connection
with any work, authority or jurisdiction delegated to STATE. Council should note that staff
requested that this language be further clarified to specifically add the term "design errors and
ommisions" to the indemnification clause. However, Caltrans HQ legal staff would not agree to
add this clarification citing their interpretation that it was already covered in the existing
language.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section I5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
Appropriation
The estimated cost of the work required under this agreement is $3,300,000 as outlined above.
The loan of Interim SR-125 DIF funds in this amount for this project is possible because funds
are available in this fund. The loan will accrue interest at the normal City rates and will be
repaid from TDIF funds as they become available.
FISCAL IMPACT:
The funding for the loan for this project will be from proceeds collected from the Interim SR 125
Development Impact Fee. Sufficient funds are available in the Interim SR 125 Development
Impact Fee Fund. This action also appropriates $3,300,000 from that fund into new CIP project
STM356 - I~805/East H St WB-NB Ramp Widening.
Attachments: Cooperative Agreement
J:~Engineer\AGENDA\H St - I805 COOP Agmnt.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
' ~ 4ffAnYMoore
City Attorney
Dated: (2-- ~-/ /--03
Cooperative Agreement with the State of California
Department of Transportation regarding construction contract
Administration on the Westbound East H Street to
Northbound 1-805 Ramp widening project
11-SD-805
PM 6.8/7.7
E.A. 11-240200
Agreement No. 11- 0609
Westbound East H Street to
Northbound805. On - Ramp
Widening and Metering
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED 1NTO EFFECTIVE ON
2003, is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF CHULA VISTA, a body
politic and a municipal corporation
of the State of California, referred to
herein as "CITY".
RECITALS
I. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to State highways
within the City of Chula Vista, County of San Diego.
2. CITY and STATE desire to reduce congestion and improve safety of local and
regional transportation facilities in the County of San Diego and the City of Chula
Vista by widening ramps, adding ramp meters, and constructing retaining walls on
northbound Interstate 805 (I-805) between the Main Street over-crossing and the
Bonita Road over-crossing. CITY desires the earlier completion of a portion of the
aforementioned project from the East H S~reet over-crossing to the Bonita Road over-
crossing, this segment referred to herein as "PROJECT." PROJECT has been
included in CITY's adopted "Capital Improvement Program - FY 2004 & 2005" as
CIP No. STM 305.
3. STATE agrees to prepare plans, specifications and estimate (PS&E) for PROJECT.
Page 1
4. CITY agrees to fund all PROJECT construction costs, estimated to not exceed
$3,000,000, and will construct PROJECT in accordance with STXTE's PS&E.
5. STATE and CITY agree to jointly participate in the development of the Environmental
Documentation (ED) and Project Report (PR) for PROJECT and desire to specify
herein the terms and conditions under which the PR, ED, and PS&E for PROJECT are
to be prepared and how PROJECT will be financed and constructed.
Section I
CITY AGREES:
1. To perform the necessary geotechnical investigations and drilling and provide a
geotechnical report conforming to STATE standards. Said geotechnical report shall be
provided to STATE for review and acceptance prior to STATE commencing work on
the PS&E.
2. To identify and locate all high and low risk underground facilities within PROJECT
and to protect or otherwise provide for such utilities, all in accordance with STATE's
Manual on High and Low Risk Underground Facilities Within Highway Rights of
Way.
3. To cooperate with the STATE Design Manager to provide timely resolution of
design issues and inquires related to CITY's facilities and right of way.
4. To provide necessary environmental mitigation sites as determined and detailed in the
final ED and as required by permitting agencies.
5. To provide all necessary construction capital and construction engineering support,
including electronic and hard copies of "As-Built" plans, changes pursuant to contract
change orders, construction related claims, and arbitration rulings required for
PROJECT and to be responsible to identify and provide one hundred percent (100%)
of the expense thereof, subject to approval by STATE.
6. To advertise, award and administer a construction contract for PROJECT in ac-
cordance with requirements of State Contract Act, Local Agency Public Construction
Act and California Labor Code, including its prevailing wage provisions. Workers
employed in performance of work contracted for by CITY, and/or performed under
STATE's encroachment permit, are covered by provisions of Labor Code in the same
manner as are workers directly employed by one of STATE's contractors. CITY shall
Page 2
obtain applicable wage rates from the State Department of Industrial Relations and
shall adhere to applicable provisions of the State Labor Code. Violations shall be
reported by CITY to the State Department of Industrial Relations.
7. To comply with Disadvantaged Business Enterprise (DBE) Program Guidelines in
advertising, awarding, and reporting DBE utilization for PROJECT in accordance
with the Annual DBE Program approved by STATE's District 11 Local Assistance
Engineer.
8. To apply for necessary, fee exempt, encroachment permit(s) for required work within
STATE's highway right of way in accordance with STATE's standard permit
procedures, as more specifically defined in Articles 3, 4 and 5 of Section III of this
Agreement and to abide by the conditions of said encroachment permit(s).
9. In recognition that PROJECT construction work done on STATE's property will not
be directly funded and paid by STATE, for the purpose of protecting stop notice
claimants and the interests of STATE relative to successful PROJECT completion,
CITY agrees to require its construction contractor to furnish both a payment and a
performance bond naming CITY as obligee, with both bonds complying with the
requirements set forth in Section 3-1.02 of STATE's current Standard Specifications,
prior to performing any PROJECT construction work. CITY shall defend, indemnify,
and hold harmless STATE and all its officers and employees from all claims by stop
notice claimants related to the construction of PROJECT.
I 0. CITY's contract administration procedures shall conform to requirements set forth in
STATE's Construction Manual, Local Assistance Procedures Manual and
Encroachment Permit for construction of PROJECT.
11. Construction within existing or ultimate STATE right of way shall comply with all
applicable requirements in STATE's Standard Specifications, Standard Plans,
PROJECT PS&E, and will conform to methods and practices specified in STATE's
Construction Manual, subject to approval of STATE's Resident Engineer for
oversight.
12. CITY desires to use contractor/consultant staff to perform material testing and quality
control. Such work shall conform to STATE's ~onstruction Manual and STATE's
Materials Testing Manual and will be performed, at CITY's expense. Independent
assurance testing, specialty testing and off-site source inspection and testing shall be
performed by STATE, at CITY's expense. Selection of asphalt and concrete plants
shall be approved by STATE prior to issuance of Notice to Proceed to contractor.
13. CITY shall perform a system operational check for deficiencies of all existing
facilities within the PROJECT work limits, at CITY's expense, as the first order of
work in the contract. The facilities to be checked include, but are not limited to, all
electrical, drainage, irrigation and landscape, and signage elements. If deficiencies
Page 3
are found, CITY shall not be rssponsible for repairing or replacing a deficient facility
unless that deficiency is to be repaired or replaced as shown in ihe PS&E.
14. To furnish qualified support staff, subject to approval of STATE, including a full time
Resident Engineer, as necessary to assure that construction is being performed in
accordance with plans and specifications provided by STATE. The Resident Engineer
shall be a licensed Civil Engineer in the State of California and must be a public
employee in accordance with Chapter 16 of the Local Assistance Procedures Manual.
15. To make progress payments to contractor using CITY funds. CITY's representative
shall develop and pay all contract progress pay schedules. CITY is responsible for
accuracy of itemization on progress pay schedules.
16. Upon completion of work under this Agreement, CITY will assume maintenance and
the expense thereof for any part of PROJECT located outside of STATE's right of
way. If required, CITY shall provide adequate access to STATE for maintenance to
existing and new STATE right of way.
17. To maintain, or cause to be maintained, PROJECT landscape within STATE's right
of way for 12 months from date of completion of construction, in accordance with
landscape maintenance provisions of the PS&E, to the satisfaction of and subject to
approval of STATE. CITY shall not be responsible for landscape within the STATE's
right of way, which was not within the limits of the construction disturbance shown
on the plans or included in an approved contract change order. CITY shall maintain,
or cause to be maintained, existing facilities within the construction disturbance limits
that service areas within the PROJECT limits.
18. To pay all PROJECT related landscape maintenance costs, including water costs for
12 months from date of completion of construction, and to repair or cause to be
repaired any deficiency during that period that is within the PROJECT's disturbance
limits or damaged by the PROJECT's construction or landscape maintenance
activities.
19. If CITY terminates PROJECT prior to completion of the construction contract for
PROJECT, STATE may require CITY to return STATE's right of way to its original
condition or to a condition of acceptable permanent operation. If CITY fails to do so,
STATE reserves the right to finish PROJECT or place PROJECT in a condition of
satisfactory permanent operation. STATE will bill CITY for all actual expenses
incurred and CITY agrees to pay said expenses within thirty (30) days or STATE,
acting through the State Treasurer or State Controller, may withhold an equal amount
from future apportionments due CITY from the Highway User Tax Fund or any other
available funds.
20. To retain or cause to be retained for audit by STATE or other government auditors for a
period of three (3) years from date of final payment, all records and accounts relating to
PROJECT construction and to the acquisition and disposition of mitigation sites.
Page 4
21. To warranty for a period of 3 years after completion of construction, all new signs
furnished by CITY's contractor for the PROJECT.
22. T({ submit all construction change orders within STATE's fight of way to STATE for
prior approval, except for change orders necessary for safety of traveling public or
immediate protection of property.
23. CITY Point of Contact:
Clifford Swanson
CITY of Chula Vista
276 Fourth Avenue
Chula Vista, Ca. 91910-2631
Telephone No. 619- 691-5142
SECTION II
STATE AGREES:
1. To prepare by January 31, 2004, PS&E including, but not be limited to, design
engineering.
2. By December 31, 2003, to provide CITY, at no cost to CITY, all the necessary
layouts to allow CITY to secure rights of entry to allow CITY to clear PROJECT site
of vegetation.
3. To secure all required permits by January 15, 2004 including, but to limited to,
Regional Water Quality Control Board number 401, U.S. Corps of Engineers number
404, Department of Fish and Game number 1601, and the Coastal Zone prior to issuing
a Notice to Proceed to the CITY Contractor selected to construct PROJECT.
4. Upon proper application by CITY and by CITY's contractor, to issue at no cost to
CITY and CITY's contractor, necessary encroachment permits for required work
within STATE's highway right of way.
5. To perform all right of way activities, including determination of fight of way impacts
and associated costs.
6. STATE desires to use STATE staff to perform survey mapping during PS&E and
construction phases. Such surveys performed shall conform to methods, procedures,
and requirements of STATE's Surveys Manual and STATE's Staking Information
Booklet, and subject to approval of STATE Resident Engineer for oversight. Final
Page 5
project surveys will include final right of way monumentatio, n in accordance with
District 11 Survey Branch policy and procedures.
7. STATEPoint of Contact:
Carl Savage
Department of Transportation
District 11 MS.
2829 Juan Street
San Diego, Ca 92110
Telephone No. 619-688-3670
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under terms of this Agreement are subject to appropriation of
resources by Legislature, State Budget Authority, allocation of those resources by the
California Transportation Commission, and the encumbrance of funds toward
PROJECT costs.
2. Should a portion of PROJECT be fmanced with Federal funds or State gas tax funds, all
applicable laws, regulations and policies relating to use of such funds shall apply
notwithstanding other provisions of this Agreement.
3. CITY shall obtain the aforesaid encroachment, permit through STATE's District 11
Permit Engineer and CITY's permit application shall be accompanied by the appropriate
number of plans, estimated at two (2) full size construction plan sets (including
specifications) and twenty-five (25) sets of reduced construction plans (llx17)
(including specifications) of the aforesaid STATE accepted contract plans. Receipt by
CITY of an approved encroachment permit shall constitute CITY's authorization fi.om
STATE to proceed with work to be performed by CITY or CITY's representatives
within proposed State right of way or which affects STATE's facilities pursuant to this
Agreement. CITY's authorization to proceed with said work shall be contingent upon
CITY's compliance with all provisions set forth in this Agreemem and in said
encroachment permit.
Page 6
4. CITY's construction contractor shall obtain a separate encroachment permit from
STATE prior to commencing any work within STATE's fights of way or which affects
STATE's facilities. The CITY's Contractor's permit application shall include proof said
contractor has acceptable and valid payment and performance surety bonds covering
PROJECT construction.
5. STATE shall provide completed resource agency permits utilizing CITY furnished
mitigation as described in Article 4 of Section I, for all mitigation requirements of
PROJECT prior to granting said encroachment permit.
6. Failure of CITY to provide the required Geotechnical Report pursuant to Article 1 of
Section I by December 12, 2003, shall relieve STATE of its obligations to deliver PS&E
and RW pursuant to Articles 1 and 2 of Section 1I.
7. STATE may provide a representative, at STATE's option, to review and oversee the
work performed by CITY's contractor.
8. If any existing public and/or private utility facilities conflict with construction of
PROJECT or violate STATE's encroachment policy, CITY shall make all necessary
arrangements with owners of such facilities for their protection, relocation, or removal in
accordance with STATE's policy and procedure for those facilities located within linaits
of work providing for improvements to State highway and in accordance with CITY's
policy for those facilities located outside of limits of work for improvement to State
highway. Costs for utility protection, relocation, or removal within STATE right of way
shall be apportioned between the owner Of the utility facility and CITY in accordance
with STATE's policy and procedure. CITY shall require any utility owner performing
relocation work in STATE highway right of way to obtain an encroachment permit fi.om
STATE prior to performance of said relocation work. Requirements of most current
version of STATE's "Policy on High and Low Risk Underground Facilities Within
Highway Rights of Way" shall be fully complied with. Any relocated or new facilities
shall be correctly shown and identified on final "As-Built" plans.
9. Any hazardous material or contamination of an HM- 1 category found within existing
State highway right of way during construction requiring'remedy or remedial action,
as defined in Division 20, Chapter 6.8 et seq. of Health and Safety Code, shall be the
STATE's responsibility. Any hazardous material or contamination of an HM-1
category found within local road right of way during construction requiring same
defined remedy or remedial action shall be responsibility of CITY. For the purpose
of the Agreement, hazardous material of riM-1 category is defined as that level or
type of contamination which State or Federal regulatory control agencies having
jurisdiction have determined must be remediated by reason of its mere discovery,
regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-1
manifest and pay all costs for remedy or remedial action within the existing State
highway right of way, CITY shall sign HM~I manifest and pay all costs for required
remedy or remedial action outside of STATE's right of way. STATE will exert every
effort to fund remedy or remedial action for which STATE is responsible. In the
Page 7
event STATE is unable to provide immediate funding, CITY will have an option to
either delay further construction of PROJECT until STATE is able to provide that
funding or CITY may proceed with remedy or remedial action at CITY's expense. In
such event, STATE agrees to reimburse CITY for remedial work within STATE's
right of way, subject however to the appropriation of funds by the California
Transportation Commission for that purpose and the availability of State Budget
Authority.
10. Remedy or remedial action with respect to any hazardous material or contamination of
an HM-2 category found within existing STATE highway right of way during
construction shall be the responsibility of STATE and STATE shall sign the HM-2
storage manifest if PROJECT proceeds and HM-2 material must be removed in lieu of
being treated in place. For purposes of this Agreement, any hazardous material or
contamination of HM-2 category is defined as that level or type of contamination which
said regulatory control agencies would have allowed to remain in place if undisturbed or
otherwise protected in place had the PROJECT not proceeded. If category HM-2 is
found in the area of the PROJECT outside of STATE highway right of way, CITY shall
have the responsibility for the remedy or remedial action. CITY shall sign any HM-2
manifest if construction of PROJECT proceeds and HM-2 material must be removed in
lieu of being treated in place. If CITY and STATE decide to not proceed with
PROJECT, there will be no obligation to STATE other than STATE's duty to cover and
protect HM-2 material lef~ in place within State highway right of way.
11. If hazardous material or contamination of either tqM-1 or HM-2 category is found
during construction on new right of way acquired by or on account of CITY for
PROJECT, CITY shall be responsible, at CITY's expense, for all required remedy or
remedial action and/or protection in absence of a generator or prior property owner
willing or capable of performing that corrective work.
12. Locations subject to remedy or remedial action and/or protection include utility
relocation xvork required for PROJECT. Costs for remedy and remedial action and/or
protection shall include but not be limited to, identification, treatment, protection,
removal, packaging, transportation, storage, and disposal of such material.
I3. The party responsible for funding any hazardous material cleanup shall be responsible
for development of necessary remedy and/or remedial action plans and designs.
Remedial actions proposed by CITY on State highway right of way shall be pre-
approved by STATE and shall be performed in accordance with STATE's standards and
practices and those standards mandated by Federal and STATE regulatory agencies.
14. CITY will not authorize any work within the STATE right of way not included in
contract documents approved by STATE or required to complete PROJECT without the
written approval of STATE. Any work not approved in writing and not considered as
emergency work as determined by CITY and STATE, shall be the sole responsibility of
CITY.
Page 8
15. If previously unidentified cultural, archaeological, palentological or other protected
resources are encountered during construction of PROJECT, CITY shall stop all work in
that area until a qualified archaeologist, biologist, or other appropriate staff can evaluate
the nature and significance of the find and recommend mitigation strategies for the
area(s). The CITY and STATE, in consultation, shall agree on a reas6nable mitigation
strategy to be followed and responsibility for costs for the selected mitigation strategy, if
any. If CITY determines that the cost of mitigation is excessive, CITY may terminate
the construction of PROJECT. In such event, CITY shall return the PROJECT site to its
original condition or a condition deemed satisfactory by the STATE.
16. CITY's construction contractor shall maintain in rome, until completion and acceptance
of PROJECT construction contract, a policy of Contractual Liability Insurance,
including coverage of Bodily Injmy Liability and Property Damage Liability in
accordance with Section 7-1.12 of State Standard Specifications. Such policy shall
contain an additional insured endorsement naming STATE, its officers, agents and
employees as additional insureds. A Certificate of Insurance shall evidence coverage in
a form satisfactory to STATE, wkich shall be delivered to STATE before issuance of an
encroachment permit to CITY's contractor.
17. Prior to award of construction contract for PROJECT, CITY may terminate this
Agreement by written notice. Should CITY terminate Agreement, CITY will bear all
costs and reimburse applicable costs to STATE for any expenses due directly to
termination of contract. Such expenses shall not include design or other expenses for
work that will be part of the future ramp metering project's design as part of a future
STATE ramp meter project.
18. In constmction of said PROJECT, representatives of CITY and STATE will cooperate
and consult with each other, but decisions of STATE's Resident Engineer for oversight
shall prevail as final, binding and conclusive in all matters concerning PROJECT
construction contracts within STATE right of way. Decisions of CITY's Resident
Engineer shall prevail as final, binding and conclusive in all matters concerning
PROJECT construction contracts within CITY right of way, except where such matters
affect safety of the travelling public or immediate, protection of property: All work
pursuant to PROJECT shall be accomplished accordifig to approved PS&E and
applicable STATE standards. Satisfaction of these requirements shall be verified by
STATE's Resident Engineer for oversight. STATE's Resident Engineer for oversight
and other STATE staff are authorized to enter CITY property during construction for the
purpose of monitoring and coordinating construction activities. Representatives of
STATE shall coordinate all visits with CITY's Resident Engineer.
19. Changes to PROJECT PS&E shall be implemented by contract change orders by
CITY's Resident Engineer and according to Section I, Article 5, of this Agreement. All
changes affecting public safety or public convenience, all design and specification
changes and all major changes as defined in STATE's Construction Manual shall be
approved by STATE in advance of performing work. Unless otherwise directed by
STATE's Resident Engineer for oversight, changes authorized as provided herein will
Page 9
not require an encroachment permit rider. Ail changes shall .be shown on As-Built
plans.
20. Pursuant to authority contained in Section 591 of Vehicle Code, STATE has determined
that within such areas as are within limits of PROJECT and are open to public traffic,
CITY shall comply with all of requirements set forth in Divisions 11, 12, 13, 14, and 15
of the Vehicle Code. CITY shall take all necessary precautions for safe operation of
CITY's vehicles, its construction contractor's equipment and vehicles and/or vehicles of
personnel retained by CITY and for the protection of the traveling public from injury
and damage from such vehicles or equipment.
2 I. Upon completion and acceptance of PROJECT construction contract by CITY, to the
satisfaction of STATE and subsequent to execution of a maintenance agreement,
STATE will accept, control and maintain, at its own cost and expense, those portions of
PROJECT lying within STATE's right of way, with the exception of landscaping, which
is addressed elsewhere in this Agreement.
22. CITY will accept control of and maintain, at its own cost and expense, those portions of
PROJECT lying outside STATE's fight of way, including, but not limited to, any
mitigation lands, other agreed areas, and local roads delegated to CITY for maintenance.
Also, CITY will maintain, at CITY expense, local roads within STATE's right of way
delegated to CITY for maintenance as well as all traffic service facilities that may be
required for benefit or control of CITY local road traffic, including landscaped medians
and parkways.
23. Upon completion of all work under this Agreement, ownership and title to materials,
equipment and appurtenances installed within STATE's right of way will automatically
be vested in STATE, and materials, equipment and appurtenances installed outside of
STATE's fight of way will automatically be vested in CITY or a third party as provided
for by CITY. No further agreement will be necessary to transfer o~vnership as
hereinabove stated.
24. Nothing in the provisions of this Agreement is intended to create duties or obligations to
or fights in third parties not parties to this Agreement or fo affect legal liability of any
party to this Agreement by imposing any standard of care with respect to construction,
operation, or maintenance of STATE highways different from the standard of care
imposed by law.
25. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully defend, indemnify and save harmless STATE and all of its
officers and employees fi.om all claims, suits or actions of every name, kind and
description brought for or on account of injury (as de£med in Government Code Section
810.8) occurring by reason of anything done or omitted to be done by CITY under or in
Page 10
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
26. Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Codes Section
895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims,
suits or actions of every name, kind and description brought for or on account of injury
(as defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
27. No alteration or variation of terms of this Agreement shall be valid unless made in
writing and signed by parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of parties hereto.
28. The provisions of this agreement contained herein, with respect to delivery dates and tasks,
may be altered, changed, or amended by mutual written consent of the parties hereto. This
Agreement may be terminated or provisions contained, delivery dates, tasks herein may be
altered, changed, or amended by mutual written consent of the parties hereto
29. Portions of this Agreement pertaining to construction of PROJECT shall terminate upon
completion and acceptance of construction contract for PROJECT by CITY with
concurrence of STATE, or on December 31, 2005, whichever is earlier in time.
However, ownership, operation, maintenance, indemnification, and claims clauses shall
remain in effect until terminated or modified, in writing, by mutual agreement. Should a
construction-related claim arising out of PROJECT be asserted against CITY, STATE
agrees to extend the termination date of this Agreement or execute a subsequent
Agreement to cover those even*,ualities.
STATE OF CALIFORNIA CITY OF CHULA VISTA
Department of Transportation
JEFF MORALES
Director of Transportation
By: By:_
Joel Haven, Deputy District Director- Design Mayor
Certified as to funds: Approved as to form:
Page
By: By:
District 11 Budget Manager BK City Attorney
Approved as to form and procedure:
By:
Attorney
Department of Transportation
Certified as to financial temps and conditions:
By:
ACCOUNTING ADMINISTRATOR
Page 12 ~
DESIGN PHASE ACTIVITIES
RESPONSIBILITY
STATE CITY
PROJECT ACTIVITY
1. PRELIMINARY COORDINATION
Request 1 - Phase EA X
Field Review of Site X X
Provide Geometrics X
Approve Geometrics X
Obtain Surveys & Aerial Mapping X
Obtain Copies of Assessor Maps and Other R/W Maps X
Obtain Copies of As-Builts X
Send Approved Geometrics to Local Agencies for Review X
Revise Approved Geometrics if Required X
Approve Final Geometrics X
Determine Need for Permits from Other Agencies X X
Request Permits X
Initial Materials & Geotechnical Discussion X
Initial Hydraulics Discussion with District Staff X X
Initial Electrical Design Discussion with District Staff X
Initial Traffic & Signing Discussion with District Staff X
Initial Landscape Design Discussion with District Staff X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Geotechnical Report X
Review and Approve Materials Report & Typical Section X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
3. R]W ACQUISITION & UTILITIES
Request Utility Verification X
Request Preliminary Utility Relocation Plans from Utilities X
Prepare R/W Requirements X
Prepare R/W and Utility Relocation Cost Estimates X
Submit R/W Requirements & Utility Relocation Plans for Review X
Review and Comment on R/W Requirements X
Longitudinal Encroachment Review X
Longitudinal Encroachment Application to District (If necessary) X
Approve Longitudinal Encroachment Application X
Request Final Utility Relocation Plans X X
Page 13
RESPONSIBILITY
STATE CITY
PROJECT ACTIVITY
Submit Utility Relocation Plans for Approval X
Approve Utility Relocation Plans X
Submit Final RJW Requirements for Review & Approval X
Fence and Excess Land Review X
R/W Layout Review X
Approve RJW Requirements X
Prepare and Submit Certification of R/W X
Review and Approve Certification of R/W X
Approve & Record Title Transfer Documents X
Prepare RJW Record Maps X
4. PERFORM RIGHT OF WAY ENGINEERING X
Retrace & Perpetuate Existing Land Net for R/W X
Acquisitions
Perform Record Data Search X
Perform land net Recovery & Field Ties X
Perform Monument Perpetuation Surveys X
Prepare & file Perpetuation Documents X
Prepare Land Net Map X
Prepare Right of Way Maps X
Perform Right of Way Monumentation Survey X
Prepare & File Monumentation Maps X
Perform Close Out X
Prepare Relinquishment & Vacation Maps X
· Prepare Corresponding Documentation X
· Prepare CTC Resolution X
Prepare Deed Package for Excess Land Transactions X
Prepare right of Way Record Map X
Review temporary Record Map X
Verify & Post Conveyance Docs X
5. PREPARATION OF PLANS, SPECIFICATIONS AND
ESTIMATES
Prepare and Submit Preliminary Stage Construction Plans X
Review Preliminary Stage Construction Plans X
Calculate and Plot Geometrics X
Cross-Sections & Earthwork Quantities Calculation X
Prepare and Submit BEES Estimate X
Put Estimate in BEES X
Local Review of Preliminary Drainage Plans and Sanitary Sewer and X
Adjustment Details
Prepare & Submit Preliminary Drainage Plans X
Page 14
RESPONSIBILITY
STATE CITY
PROJECT ACTMTY
Review Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside Delineation Plans & Submit X
Review Traffic Striping and Roadside Delineation Plans X
Prepare & Submit Landscaping and/or Erosion Control Plans X
Review Landscaping and/or Erosion Control Plans X
Prepare & Submit Preliminary Electrical Plans X
Review Preliminary Electrical Plans X
Prepare & Submit Preliminary Signing Plans X
Review Preliminary Signing Plans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Re3iew and Approve Lane Closure Requirements X
Prepare & Submit Striping Plan X
Review & Approve Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Review Draft PS&E X
Finalize & Submit PS&E to Cit~ X
Prepare & Submit Resident Engineering Book X
CONSTRUCTION PHASE ACTIVITIES
Prepare Resident Engineer File X
Perform Construction Site Surveying X
Prepare Construction Staking X
Perform Construction Conh-act Administration Work X
Perform Contract Items work X
Sample and Test Construction Materials X
Perform Safety and maintenance Reviews X X
Administer Mitigation Site X
Prepare and administer Contract Change Orders X
Implement TMP X
Resolve Contract Claims X
Accept Contract, Prepare Final Construction Est/mate and prepare Final X
Report
Perform Over-site on Construction Activities X
Prepare As-Builts Plans in Caltrans Format X
Obtain Permits from State for Work on State R/W X
Page 15
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION CONTRACT ADMINISTRATION ON
THE WESTBOUND EAST H STREET TO NORTHBOUND
1-805 RAMP WIDENING PROJECT, AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT, AND
APPROPRIATING $3,300,000 AS A LOAN FROM THE
AVAILABLE BALANCE OF THE INTERIM SR-125
DEVELOPMENT IMPACT FEE FUND TO THE
TRANSPORTATION DEVELOPMENT IMPACT FEE
FUND.
WHEREAS, the State of California Department of Transportation (CALTRANS) has
delayed funding for the westbound East H Street to northbound 1-805 on-ramp widening and
metering project to match the City's completed westbound East H Street improvements has
been delayed until at least 2009; and,
WHEREAS, the City proposes to fund and construct the proposed on-ramp widening
within the State highway right of way to improve the flow of traffic from westbound East H
Street onto northbound 1-805; and,
WHEREAS, in order to permit the City to perform these contract functions, the State of
California Department of Transportation requires the City to enter into a cooperative
agreement which sets out each agency's responsibilities for the design and construction
process.
NOW THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve a cooperative agreement with the State of California Department of
Transportation regarding construction contract administration to be undertaken by the City of
Chula Vista on the westbound East H Street to northbound 1-805 ramp widening project and a
copy of which shall be kept on file in the office of the City Clerk and appropriating $3,300,000
as a loan from the available balance of the Interim SR-125 Development Impact Fee Fund.
BE IT FURTHER RESOLVED that the Mayor of Chula Vista is hereby authorized to
execute said agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson A~n l~r~-
Engineering Director City Attorney
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 12/16/03
ITEM TITLE: Ordinance of thc City Council of the City of Chula Vista
amending Chapter 17.10 "Parklands and Public Facilities" relating to
the collection of in-lieu Park Acquisition and Development Fees (PAD
Fees) from residential developments that are not required to submit a
subdivision map or a parcel map (First Reading)
SUBMITTED BY: Director of General Services ~,Y~
REVIEWED BY: C~ty Manager~e~, ¢# (4/5tbs Vote: Yes __ No X
)
The City has previously adopted regulations pertaining to the collection of PAD Fees. The
ordinance refers to developments that are required to submit subdivision maps or parcel maps.
As the City continues to develop and m-develop, there is the possibility that residential
developments could be proposed that contain numerous dwelling units but are not required to
submit subdivision or parcel maps. This ordinance amendment will enable the City to collect
PAD Fees from all residential developments regardless of the land development approval process
that they are required to follow.
RECOMMENDATION: Council place the ordinance on first reading.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City originally adopted a park dedication ordinance in 1971 with the adoption of Ordinance
No. 1366. In 2002, with the adoption of Ordinance 2886, the prior park dedication ordinances
were repealed and the current park acquisition and development regulations were enacted.
In recent years, the nature of residential development within the City has been of a nature where
property was developed under the auspices of the submission of subdivision maps and/or parcel
maps. All of these developments, in all areas of the City have been required to pay the PAD Fee,
dedicate land and/or construct park facilities. In planned communities such as Otay Ranch or
Eastlake parks have been developed both through the payment of fees and the construction of
park facilities by the City and through the construction of what have been called "turn-key"
parks by developers.
As development activity continues and the City sees more interest in re-development activities in
more mature areas of the City, the demand for additional and enhanced park facilities will
increase. In these more mature areas of the City, the nature of development may differ from
what the City has seen in recent years in the planned communities. Some of this redevelopment
or in-fill development may be of a nature that there will not be a requirement for the submission
of subdivision maps or parcel maps, but simply the submission of applications for building
Page 2, Item: __
Meeting Date: 12/16/03
permits. This type of development would be typified by residential units that are offered for rent
and are proposed on property that would not trigger the requirement of the submission of
subdivision map or parcel map. Notwithstanding the issue of the approval process, the additional
dwelling units will place increased demands on the City to provide park facilities and these new
dwelling units should be treated in a manner similar to other new dwelling units in the City.
The proposed ordinance amendment to the City of Chula Vista Municipal Code, Section 17.10
simply establishes a requirement that any new residential development that is not required to
submit a subdivision map or parcel map is required to pay the adopted PAD Fee at the time of
building permit approval. See Attachment l.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and
has determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
FISCAL IMPACT: The City should see an increase in PAD Fee revenues as a result of this
ordinance amendment as non-subdivision/parcel map residential developments are approved in
the City. This action should have no impact on expenditures as the collection of fees from these
developments will be included in the existing building permit approval process.
Attachment 1. Proposed Ordinance Revision
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MUNICIPAL CODE,
CHAPTER 17.10 "PARKLANDS AND PUBLIC FACILITIES"
RELATING TO THE COLLECTION OF IN-LIEU PARK
ACQUISTION AND DEVELOPMENT FEES (PAD FEES)
FROM RESIDENTIAL DEVELOPMENTS THAT ARE NOT
REQUlRED TO SUBMIT A SUBDIVISION MAP OR PARCEL
MAP.
WHEREAS, the City has previously adopted Ordinance No. 2886, as amended,
pertaining to the collection of PAD Fees; and
WHEREAS, the current regulations refer to those residential developments that are
required to submit a subdivision map or parcel map as part of the land development approval
process; and
WHEREAS, it is anticipated that some areas of the City will be developed or redeveloped
in a manner that does not require the submission of a subdivision map or parcel map; and
WHEREAS, the development of new residential dwelling units, regardless of the manner
in which the development plans are proposed, processed and approved, have the same effects on
the need for park and recreational facilities in the City; and
WHEREAS, it is the position of the City that all new residential developments should be
treated consistently and uniformly throughout the City as they relate to the collection of PAD
Fees; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 17.10.010 of the Municipal Code be amended to read as follows:
"17.10.010 Dedication of land and development of improvements for park and
recreational purposes.
Pursuant to the authority granted by Section 66477 of the Government Code of
the state, every subdivider or developer of new residential developments, shall,
for the purpose of providing neighborhood and community park and recreational
facilities directly benefiting and serving the residents of the regulated subdivision,
or in the case of a development not requiring a subdivision of land, benefiting and
serving the residents of those new developments, dedicate a portion of land and
develop improvements thereon or in lieu thereof pay fees for each dwelling unit in
the subdivision or residential development, or do a combination thereof, as
required by the city in accordance with this chapter. The dedication,
improvement or payment of fees in lieu thereof or combination thereof shall be
applicable to all residential subdivisions and new residential developments not
required to file a subdivision plan of any type allowed under the various and
several residential zones of the city and shall be in addition to any residential
construction tax required to be paid pursuant to Chapter 3.32 CVMC. (Ord. 2886
§ 1, 2002)."
Ordinance
Page 2
SECTION II: That Section 17.10.030 of the Municipal Code be amended to read as follows:
"17.10.030 Application.
The provisions of this chapter shall apply to all subdivisions and divisions created
by parcel maps and residential developments not requiring final subdivision or
parcel maps, excepting therefrom industrial and completely commemial
subdivisions and those subdivisions or divisions of land for which tentative
subdivision or parcel maps have been filed within 30 days after the effective date
of this chapter. (Ord. 2886 §1, 2002)."
SECTION IIi: That Section 17.10.040 of the Municipal Code be amended to read as follows:
"17.10.040 Area to be dedicated - Required when - Amounts for certain uses.
The amount of parkland dedication required, in accordance with CVMC
17.10.010 through 17.10.110 is based on a standard of three acres per 1,000
people and shall be offered at the time of filing of the final map, or in the case of a
residential development that is not required to submit a final map, at the time of
the first building permit application. The area to be dedicated shall be as follows:
A. Single-family dwelling units, including single family detached homes and
detached condominiums, 3.52 persons per dwelling unit, 460 square feet
per unit, or one acre per 95units;
B. Multiple-family dwelling units, including attached condominiums,
townhouses, duplexes, triplexes and apartments, 2.61 persons per dwelling
unit, 341 square feet per unit or one acre per 128 units;
C. Mobilehomes, 1.64 persons per dwelling unit, 214 square feet per unit, or
one acre per 203 units;
D. Residential and transient motels/hotels, 1.50 persons per dwelling unit,
196 square feet per unit or one acre per 222 units.
Development projects which have received tentative map approval as of
November 12, 2002, shall not be required to contribute additional acreage based
on the revised persons per dwelling factors as set forth above. (Ord. 2886 §1,
2002)."
SECTION IV: That Section 17.10.050 of the Municipal Code be amended to read as follows:
"17.10.050 Park development improvements - Specifications
In addition to the dedication of land as required in CVMC 17.10.040, it shall be
the responsibility of the subdivider or building permit applicant to develop all or a
portion of such land for neighborhood or community park purposes to the
satisfaction of the director of recreation and the director of general services. All
parks shall include, to the satisfaction of the city, the following elements; ..... "
The remaining portions offthe Section remain unchanged.
SECTION V: That Section 17.10.070 of the Municipal Code be amended to read as follows:
"17.10.070 In-lieu fees for land dedication and/or park development improvements.
A. In-Lieu Fees for Land Dedication. If, in the judgment of the city, suitable
land does not exist within the subdivision or within the development if it is not
part of a subdivision, or for subdivisions containing 50 lots or less, payment of
fees in lieu of land shall be required. In such cases, the required fee(s) shall
be based on the area to be dedicated as set forth in CVMC 17.10.040.
Ordinance
Page 3
However, when a condominium project, stock cooperative or community
apartment project exceeds 50 dwelling units, dedication of land may be
required notwithstanding that the number of parcels may be less than 50.
Where the city deems that a combination of dedication and payment, as
provided in this chapter, would better serve the public and the park and
recreation needs of the future residents of a particular subdivision or
residential development, it may require such combination; provided, however,
the city council may, by resolution, waive all or any portion of said dedication
or in-lieu fee requirements in the interests of stimulating the construction of
housing for low- and moderate income families.
Residential motels and hotels and transient motels and hotels shall be
require to deposit the required fee(s) in lieu of dedication of land.
B. In-Lieu Fees for Park Development Improvements. If, in the judgment of the
city, suitable land does not exist within the subdivision or within the
development if it is not part of a subdivision, or for subdivisions containing 50
lots or less, the payment of in-lieu fees of developing improvements shall be
required. In such cases, the amount of the required fee(s) shall be based on
the improvements required in CVMC 17.10.050. However, when a
condominium project, stock cooperative or community apartment project
exceeds 50 dwelling units, improvements may be required notwithstanding
that the number of parcels may be less than 50.
Where the city deems that a combination of improvements and payment, as
provided in this chapter, would better serve the public and the park and
recreation needs of the future residents of a particular subdivision or
residential development, it may require such combination; provided, however,
the city council may, by resolution, waive all or any portion of said
improvements or in-lieu fee requirements in the interests of stimulating the
construction of housing for low- and moderate income families.
In the event the city determines that the improvement of the parkland shall
be delayed for a substantial period of time after the parkland has been
dedicated, the subdivider or building permit applicant shall not be required to
install such improvements, but instead shall pay the required fee(s) for the
value of improvements required in CVMC 17.10.050.
Residential motels and hotels and transient motels and hotels shall be
require to deposit the required fee(s) in lieu of park development
improvements. (Ord. 2886 §1, 2002)."
SECTION VI: That Section 17.10.080 of the Municipal Code be amended to read as follows:
"17.10.080 Limitation on use of land and/or fees.
The amount of land, improvements or in-lieu fees, or combination thereof,
received under this chapter shall be used for the purpose of providing
neighborhood and community park and recreational facilities to serve the
subdivision or residential development for which received. The amount and
location of the land or in-lieu fees, or combination thereof, shall bear a
reasonable relationship to the use of the park and recreational facilities by the
future inhabitants of the subdivision or residential development. (Ord. 2886
§ 1, 2002)."
Ordinance
Page 4
SECTION VII: That Section 17.10.100 of the Municipal Code be amended to read as follows:
"17.10.100 Collection and distribution of fees.
A. Prior to the recordation by the city of a final subdivision map or
recordation by the city of a parcel map or release of either a final
subdivision map or parcel map to a developer for recordation or, prior to
the issuance of the first building permit for a development that is not
required to submit either a final subdivision map or a parcel map, any
required fees shall have been paid to the city unless an agreement has been
entered into between the city, approved by the city council, and the map
applicant or building permit applicant providing for the subsequent
payment of the fee, but in no event later than 60 days after map approval
or at the time of the first building permit issuance if no final subdivision
map, parcel map or separate agreement exists. Said agreement shall
provide that such payment shall be, to the satisfaction of the city manager
and city attorney, adequately secured by sufficient surety or letter of
credit, and shall further provide for interest from the date of final map
approval or the first building permit issuance at city's average earnings
rates, computed and compounded quarterly, experienced by the city on its
average investments (as determined by the city)("base interest rate"), for
the first 60 days after map approval or the first building permit issuance,
and thereafter at the base interest rate plus two percentage points until
paid, together with any attorney fees and costs incurred in enforcing the
agreement. Notwithstanding any other provision of law, the city may
withhold final or interim inspection of units for which building permits
may have been issued and may withhold issuance of additional building
permits, certificates of occupancy if applicable, or any other processing of
entitlements on any property or improvements included within the
territory of the map or approved development plan so approved or
otherwise owned by the applicant, until the required fees are received by
the city. Any land contributed for the purposes outlined in this chapter
shall be dedicated to the city and shown on the final subdivision or parcel
map or approved development plan at the time of approval. The director
of finance shall be responsible for the collection and distribution of fees as
set forth in this chapter.
B. Planned developments shall be eligible to receive a credit as determined
by the city council, against the amount of land required to be dedicated, or
the amount of the fee imposed, for the value of private open space within
the development which is usable for active recreational uses. Such credit,
if given, shall be determined on a case-by-case basis. (Ord. 2886 §1,
2002)."
SECTION VIII: This ordinance shall take effect and be in full force on the thirtieth day from
and after its adoption.
Presented by Approved as to form by
Jack Griffin A~C
Director of General Services City Attorney
Ordinance
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this ~th day of January, 2004 by the following vote:
AYES: Councilmembers: None
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. ???? had its first reading at a regular meeting held on the 9th day of December,
2003 and its second reading and adoption at a regular meeting of said City Council held on the
__th day of January, 2004.
Executed this __th day of January, 2004.
Susan Bigelow, CMC, City Clerk
COUNCIL AGENDA STATEMENT
Item: 7
Meeting Date: 12/1'6/03
ITEM TITLE: Resolution approving a Design Build Agreement with PCL
Construction Services, Inc. for the provision of services required to design
and construct Montevalle Community Park, located in the Rolling Hills
Ranch subdivision of Eastern Chula Vista and authorizing the Mayor to
execute said agreement
SUBMITTED BY: Director of General Services ~,~.
REVIEWED BY: City Manager"f~eO' (4/5tbs Vote: Yes No X )
The City Council previously approved CIP project No. PR 250 and the Master Plan for
Montevalle Community Park which conceptually designed and provided for the construction of a
completed and fully fimctional 29-acre park and recreation center. The project is ready to begin
the design phase.
RECOMMENDATION: That the City Council approve the Design Build Agreement with PCL
Construction Services for the provision of services required to design and construct Montevalle
Community 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 September 2, 2003,
in accordance with Section 2.57 of the Chula Vista Municipal Code, the City requested proposals
from six Design Build firms off the priority list for services to design and construct a fully
functional park and recreation center at Montevalle Community Park. Four of the six firms that
submitted proposals were Highland Partnership, Inc., SUNDT Construction, Inc., Turner
Construction Company and PCL Construction Services, Inc. Based on the proposals, PCL
Construction Services, Inc. was selected as the Design Builder with extensive working
experience of the Design Build process and understanding of community parks and recreation
Page 2, Item: 7
Meeting Date: 12/16/03
buildings as well as a vast knowledge of the local subcontracting community and labor fome
needed to complete the project on schedule and within budget.
The D/B Team of PCL Construction Services, Inc., Spurlock Poirier (Landscape Architect),
ARCHITECTS hanna gabriel wells (Architects), Flores Lund Consultants, Inc. (Structural
Engineer), KPFF Consulting Engineers (Civil Engineer), McParlane & Associates, Inc.
(Mechanical and Plumbing Engineer), ILA + Zammit Engineering Group (Electrical Engineer),
Ninyo & Moore Geotechnical Consultants and Bmmmit Energy Associates, Inc. (Energy
consultant), bring with them considerable experience designing and building athletic fields and
community parks such as Oakcrest Park Community Park (City of Encinitas), Canyonside Park
Recreation Center (City of San Diego), STAPLES center (City of Los Angeles) and the Hawaii
Convention Center. The City has been pleased with the work of Spurlock Poirier as Consultants
for the Master Plan of Mackenzie Creek Ranch and Montevalle Community Park. They are very
familiar with the community parks' various elements and have extensive working knowledge of
the local area. In the last five years, PCL has completed or is in progress on over 70 projects
corporate wide using the design-build delivery method with a construction value of over $2
billion.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with PCL Construction Services, Inc. for
the provision of services required to design and construct Montevalle Community Park. This
will be the City's ninth utilization of the design/build process as a project delivery system. The
design/build process employs a single entity, either a general contractor or an architect, which
provides both design and construction services. In the case of Montevalle Community Park, the
design/build process will place sole responsibility for delivery of the project upon PCL
Construction Services, Inc., a general contractor. PCL Construction Services, 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 PCL Construction Services, Inc. will provide the
City with a fully functional 29-acre park and recreation center that will be located in the Rolling
Hills Ranch subdivision, east of Hunte Parkway 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 29-acre park and recreation center as
outlined in the "Montevalle Community Park, Approved Master Plan", dated January
2003. The park and recreation center shall include, but not be limited to all components
described in the document titled "Montevalle Community, Approved Master Plan", dated
Page 3, Item: 7
Meeting Date: 12/16/03
January 2003. The Project is located in the Rolling Hills Ranch Community, east of
Hunte Parkway.
PCL Construction Services, Inc. shall perform all services, work, and obligations as described
necessary to provide a fully completed and functional 29-adre park and recreation center, which
shall include design services, general conditions and construction management for the not to
exceed amount of $1,430,240. 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 Council appropriate the
necessary funds fi:om 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. This practice is commonplace when using the design/build
construction technique.
PROJECT COMPLETION DATES
PCL Construction Services, Inc. has agreed and the contract reflects the following completion
dates:
Substantial Completion: No later than 490 calendar days from issuance of Notice to
Proceed at execution of Agreement.
Substantial Completion shall be that stage in the progress of the construction when all
Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project; Substantial Completion shall
further mean that all goods, services and systems to be provided under the terms and
conditions of the Construction Documents are in place and have been initially tested, and
are operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punch list Work.
Final Completion: No later than 520 calendar days fi:om 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
Page 4, Item: 7
Meeting Date: 12/16/03
Construction Documents are in place and have been tested, and are operationally
functional.
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in the Salt Creek Ranch Environmental Impact Report (EIR) 89-03 and
Supplemental EIR (SEIR) 91-03. Thus, no further environmental review is necessary.
FISCAL IMPACT:
PCL Construction Services, Inc. shall perform design services, general conditions, and
construction management for the not to exceed amount of $1,430,240. 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 29-acre park and recreation center in accordance
with all applicable building codes. The total estimated Project costs are $15,245,240 and are
broken down as follows: Master Plan; $90,700 (completed), Design and Construction;
$12,324,200 and furniture, fixtures, equipment, specialty consultants, contingencies and staff
time; $2,830,340. Staff will return to Council for approval of the GMP once the construction
documents reach 90% completion. At the same time, staff will request that Council appropriate
additional funds from the Park Acquisition and Land Development Fund and Public Facilities
Development Impact Fee Fund to construct the project. Funds currently appropriated to the
Project of $1,942,707 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\Montevalle Community Park DB Al 13~FINAL Montevalle Corem Park DBA A113.doe
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this 25th day of November,'2003, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and PCL
Construction Services, Inc.("Design Builder or D/B").City and D/B are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Montevalle 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 Montevalle Community Park located in the Rolling Hills
Ranch neighborhood, in the Eastern area of the City; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the proposed project was adequately covered in the Salt Creek Ranch
Environmental Impact Report (EIR) 89-03 and Supplemental EIR (SEIR) 91-03, thus, no
fudher environmental review is necessary; 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, on July 14, 2003, Pursuant to § 2.57 of the City's Municipal Code, an
RFP (Request for Proposal) was issued to six 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:
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB,doc
3_
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 Montevalle Community
Park (Exhibit 1), D/B shall design and construct for the City: a completed and fully
functional 29-acre public community park. The community park shall include, but
not be limited to all components outlined and described in the attached document
entitled Montevalle Community Park Master Plan (Exhibit 1 ) (referred to hereafter as
"Project"). The Project is located in the Rolling Hills Ranch subdivision in Eastern
Chula Vista.
!. !. !Th~ fi~!d ~nd cou~ lighting w~c 3ddcd to thc M~ctcr P!~n b:,' 2cticn of
P2rk 2,",d Rccr~2t!9,-, Ccmmissic,-,. Tho inc!usic,-, of 3,",y fic!d 2nd
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 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
$1,430,240. At 90% complete construction documents a GMP will
be established pursuant to Section 13 of this Agreement, which will
include, but not limited to, the cost for all labor, equipment, and
material to design and build a fully functional park and recreation
facility (excluding field and court lighting) in accordance with all
applicable rules, regulations, and laws. The D/B fee shall be 5.60%
of hard construction costs, bond cost shall be 0.6% 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 GMP atthe 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
490 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 520
calendar days from issuance of Notice to Proceed at execution of
Agreement.
Section 2: General Obliqations of City
2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
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.
J:\General Servioes\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc
3
-7-7
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.
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 Obligations 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
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc
z~
the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under this Agreement;
3.1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Comply with the California Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
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, ordinahces, 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.
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc
5
3.1.8 Take all reasonable steps during the course of the Project so as not
to interfere with the ongoing operation of the adjacent residences,
businesses and facilities, including but not limited to the following:
3.1.8.1 Not interfere with pedestrian and vehicular access;
3.1.8.2 Control dust and noise in accordance with the provisions in
Section 7-8.1 of the 2000 Edition of the Standard
Specifications for Public Works Construction, City
Ordinances and this Agreement
3.1.9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Project Site. If D/B
causes damage to any of this property, D/B shall replace or repair
said property at no expense to City and shall not be a basis for
seeking an adjustment to the GMP or Contract Time. D/B agrees
to indemnify City for any and all fines, penalties, liabilities, cost
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
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc
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)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 14. If
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc
'7
7-1t
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.
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 notto 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
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc
8
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 GM P or Contract Time unless necessary to protect
public health, safety or property.
3.6 D/B team is to provide progress photographs taken at regular intervals
throughout the Project. Photographic documentation shall depict an overview of
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmitted to the City monthly. The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
Section 4: Work Restriction and Biddinq 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 ail
applicable local, state and federal laws, some but not all of which are listed below.
J:\General Services\GS Administration\Design Build Agreements\Monlevalle Community Park DB.doc
9
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~ll bid protests
(prior to resolution) and the outcome of said protests
Section 5: D/B's Phase I Services and Obli.qations - Desi.qn 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 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.
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.
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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 matedal 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
retains the right to withhold approval and require resubmittal ofthe 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 Obliqations - Construction Documents
6.1 D/B's services in Phase II shall include but are not limited to the following:
6.1.1 D/B shall continue to develop and refine project requirements and
review such requirements with City;
6.1.2 D/B shall prepare CD's which shall include, without limitation, the
following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature
of on-site and the necessary off-site
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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
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;
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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:
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 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.1.2.12 Sections through critical areas showing coordination of
architectural, structural, mechanical and electrical
elements.
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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 interior
material selection;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical services,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
audiovisual, security-fire alarms and cable antenna
television systems;
6.1.2.13.4 Landscape: General description of the construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 Play Areas: Description of play equipment including
installation procedures, type, color, finishes and
locations.
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6.1.2.13.7 Other: Such other documents to fix and 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
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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 apl codes, architectural concepts,
schematic designs, and standard specifications of the
Project. Design and construction shall also meet all ADA
requirements.
6.1.3.5 Provide additional site surveys and geotechnical
investigations to the extent the DB determines they are
necessary for final design. The survey information
provided by the City is preliminary in nature and may not
have sufficient accuracy or scope to support final design.
6.1.3.6 Furnish support to a City constructability review team at
the 50%, 70% and 90% percent design completion stage.
Incorporate the results of this review into the design.
6.1.3.7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews.
6.2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
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6.3 D/B shall prepare a detailed Critical 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
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
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6.6.7 Document control
6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
6.7 Submit and obtain approval from City of Phase II items. Provide written
confirmation that the project is still within the GMP and can be built in accordance
with the DCS. Said written confirmation shall include an accounting of all costs and
expenses incurred to date against the GMP. Obtain written approval from City to
proceed to Phase IV.
6.8 City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase III services during earlier phases to expedite
completion of the Project, for such tasks as, for example, demolition of the buildings
and relocation of utilities, and other critical path activities to meet the Project
Construction Schedule. However, absent such written agreement, D/B shall not
proceed with any Phase III services until the City issues a written Notice to Proceed
with Phase III.
6.9 Present to the City for approval the following: 100% CD's, Management and
Implementation Plan, DCS.
6.9.1 Upon presentation by D/B to the City of the items specified in
Section 6.9, the City may:
6.9.1.1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6.9.1.2 Determine not to proceed with the Project and terminate
this Agreement in accordance with Section 26.3 of this
Agreement; or
6.9.1.3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to 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.
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Section 7: D/B'S Phase II1: 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 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;
7.1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and orderly
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
7.1.9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
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7.1.10 Provide timely review and approval of shop drawings, samples of
construction materials, product data, schedule submittals, and other
submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by D/B;
7.1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items. All change
orders, including zero dollar change orders which require the use of
D/B Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits
or claims for infringement of patent rights and shall defend and hold
City and City's agents harmless from loss on account thereof; except
that City shall be responsible for such loss when a particular design,
process or product of a particular manufacturer is required by City.
However, if D/B has reason to believe the use of a required design,
process or product is an infringement of a patent, D/B shall be
responsible for such loss unless such information is promptly given
to the City in writing.
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Pdor
to Final Completion, D/B shall cause to be removed from and about
the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
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7.1.18 Develop a mutually agreed upon program to abate and minimize
noise, dust, and disruption to access for parking and services at all
times for adjacent business entities and residences; '
7.1.19 Provide City with a DCS on an approved software within fourteen
(14) working days after receiving Notice to Proceed with Phase III,
provide updated versions of DCS on a monthly basis, and provide
immediate notice of any impact on critical path items;
7.1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7.1.22 Notify City in writing when D/B believes that the Project has
achieved Substantial Completion, participate with City in inspecting
the completed construction, prepare punchlists, and cause the
punchlist items to be performed and/or corrected in accordance with
the Construction Documents;
7.1.23 Notify City in writing when D/B believes that the Project has achieved
Final Completion. Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenance/ service contracts, and maintenance and operating
manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
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.
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7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
7.1.29 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The DB shall be responsible 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-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.
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.
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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 implemen[ation.
7.1.36 The DB shall implement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
document control information in a manner consistent with the City's
reporting system.
7.1.37 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The DB shall
report a record of environmental issues to the City in a manner
consistent with the City's reporting system.
7.1.39 Prepare Operations Manual.
7.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project will be of
good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22.
Section 8: D/B's Phase IV Services and Obliqafions: Operation/Startup Phase
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for' mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
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
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the City for review and approval the DB's approach for obtaining
resolution for the dispute.
Section 9: Additional Services
9.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9.4. The
City may propose changes to the Work of a subcontractor after the bid has been
awarded. In the event of a change of this nature, D/B will estimate the cost of the
Change Order, assist City in developing drawings and specifications as necessary,
solicit a revised bid, negotiate with the subcontractor, present a recommendation for
a Change Order to City, and implement construction as approved by City.
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid a fee of
11.0% as determined on Exhibit 2. Said fee shall cover all home office overhead
and profit to be earned as additional services.
9.3 For additional services, which result in an extension of the Substantial
Completion date, D/B shall be paid a fee equal to the number of working days the
Substantial Completion date is extended multiplied by the daily proration of the
general conditions fee included within the GMP.
9.4 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
indicating that D/B intends to seek additional compensation beyond the D/B Fixed
Fee. Furnishing advance written notice shall be a condition precedent to being able
to seek additional compensation from City.
Section 10: Bonds
10.1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the
faithful performance and payment of all D/B's obligations under the Agreement.
These bonds shall remain in effect at least until thirty (30) days after the filing date of
Notice of Completion, except as otherwise provided by law or regulation or by this
Agreement. D/B shall also furnish such other bonds as are required by this
Agreement.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
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10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement and which also satisfy the requirements stated in Section 995.660 of the
Code of Civil Procedure, except as provided otherwise by laws or regulations. All
bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) days thereafter substitute another bond
and surety, which must be acceptable to City.
Section 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. All subconsultants shall be required
to comply with the applicable insurance provisions. The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
coverage 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.
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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
Replacement Cost of Materials, Equipment and fixtures
destined to become a permanent part of the structure,
Property in Transit and Property in Offsite Storage for
Montevalle Community Park construction in an amount
not to exceed $10.0 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:
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11.4.1.1 General $2,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations,
products and Liability Insurance or other
completed form with a general
operations.) aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 Employer's $1,000,000 per accident for bodily injury
Liability: or disease.
11.4.1.4 Errors and $1,000,000 per occurrence
Omissions:
11.4.1.5 Builder's $10,000,000 Hard Construction Cost of
Risk 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:
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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
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
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the insurance and project, including but not limited to claims, audit, payroll,
insurance records and safety. Delays in reporting information to the City may result
in delays in progress payments to the D/B.
11.10 Prior to beginning Work under the Agreement, each and every Contractor of
any tier shall furnish Certificates of Insurance satisfactory to the City. All such
Certificates shall contain at least the following 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: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 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.
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12.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the
requirements of the Construction Documents or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents, D/B shall bear the cost of corrective measures deemed
necessary by City, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by the City nor inspections, tests, or approvals by others shall
relieve D/B from D/B's obligations to perform the Work in accordance with the
Construction Documents. D/B shall give City timely notice of readiness of the Work
for all required on and off-site inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate required inspections or tests. D/B
shall give at least 24 hours notice for on-site inspection and five (5) days notice for
off-site inspection.
12.4 City has the right to stop or suspend Work activities which will conceal or
cover up D/B Work product which is to be inspected or tested, or which will interfere
with the inspection or testing activities, for a reasonable time and D/B will have no
right to additional cost or time it may incur as a result of the Work stoppage.
Section 13: D/B GMP for Services and 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 $6,976,950 million for the Park and
$5,347,250 million for building and include within said GMP shall be
no more than $1,430.240 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.
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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
$546,590 for General Conditions and $883,650 for Design Services for a total of
$1,430,240. Said $1,430,240 for General Conditions and Design Services shall not
be exceeded unless additional services are requested pursuant to § 7 above or a
change order issued pursuant to § 14. Unless otherwise expressly provided in this
Agreement, D/B GMP shall include full compensation for all costs of any type
incurred by D/B in performing all services and obligations under this Agreement,
including but not limited to the following:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
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art consultants, landscape amhitects, and acoustical, audio visual,
lighting, and security consultants.
13.2.2 Estimating, value engineering and construction management;
13.2.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Project engineers, Project accountants, and all
other D/B personnel wherever located;
13.2.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailers, field equipment and
storage facilities;
13.2.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the D/B exceed 90% of the fair market value of any one
piece of equipment or Small Tools. At City's option, the
full price for equipment or Small Tools may be paid, and
City may take possession upon completion of the Work.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 9.
13.3 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
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
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Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: Chanqe 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
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.
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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 Chang~ Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. D/B shall not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, D/B shall continue diligently
prosecuting all such services and work.
14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 15: .Payment Terms
15.1 D/B shall provide all Phase I, II and IV services for the Phase I, II and IV Fee.
D/B shall submit certificate and application for payment to the City on a monthly
basis for Phase I, il and IV services rendered and costs incurred. The monthly
payment shall be based upon percentage of completion of the Schedule of Values
plus any Reimburseable Costs as provided in Section 15.3.
15.2 D/B shall provide all Phase III services for the Phase III Fee. D/B shall submit
certificate and application for payment to City on a monthly basis for Phase III
services. The monthly payment application shall be based upon the percentage of
completion of the Schedule of Values plus any Reimbursable Costs and Hard
Construction Costs as provided in Section 15.3 and 15.4, less any payments
previously made by the City and subject to the receipt of unconditional lien releases
for all prior payments and if the invoiced amount is not disputed by City, it shall pay
D/B ninety percent (90%) of payment application based upon the percentage
complete of the Schedule of Values and 100% of the reimbursable costs within thirty
(30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for D/B's full performance.
15.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month
payment application an itemization of all such Reimbursable Costs actually incurred
by D/B, during the previous month, if requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
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
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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 percent (10%) retention
being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to
D/B. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a
disclaimer and unconditional final lien release by the subcontractor.
15.8 In lieu of withholding retention under this Agreement, at the election of D/B,
City will deposit retention amounts into escrow and/or the substitution of securities
for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on the Project is sufficiently complete in accordance with the
Construction Documents so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided
under the terms and conditions of the Construction Documents are in place and
have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punchlist Work.
16.2 Final Completion shall be deemed to occur on the last of the following events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the
Project by the City; (3) issuance of a final Certificate of Occupancy for the Project;
(4) submission of all documents required to be supplied by D/B to City under this
Agreement, including but not limited to As-Built Drawings, warranties, and operating
manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B.
16.3 D/B shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the
Construction Documents, all applicable building codes and regulations, all permits,
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licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
16.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy
of reproducible drawings. As-Built Drawings are to be accurate and legible records
showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves, plugged tees, wiring and utilities.
16.5 D/B shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
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
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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
circumstances" as defined in California Civil Code §1671 (b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial
Completion is achieved pursuant to Section 16.
Section 19: Right to Modify Work
19.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the
Project; these will be authorized by a written Change Order prepared and issued by
City. Upon receipt of any such document, D/B shall promptly proceed with the Work
involved which will be performed under the applicable conditions of the Construction
Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 20: Intentionally Omitted
Section 21: Work By Others
21.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take priority
over the City Contractors; but the 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
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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
22.1 D/B warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work
will be in strict accordance with the Construction Documents and will not be
defective. Prompt notice of defects known to City shall be given to D/B. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City, provided D/B shall not be entitled to an extension in
Contract Time or increase in GMP because of any delay or increase in cost
attributable to the rejection, correction or acceptance of said work. Defective work
may be rejected even if approved by prior inspection.
22.2 The warranty period shall commence when the Certificate of Final
Completion is issued (irrespective of beneficial use by City prior to Final Completion)
and extend one (1) year after that date or whatever longer period may be prescribed
by laws or regulations or by the terms of any applicable special guarantee or specific
provision of the Construction Documents.
22.3 D/B is to provide any extra material for maintenance at the completion of the
Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and
filters.
22.3.1 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
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circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected orthe defective work removed and replaced.
In that event, D/B shall not be allowed to recover any associated cbsts, 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;
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.
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23.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City, s possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to D/B, an equitable adjustment shall be made in the GMP orthe
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-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
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
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
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expenses, or causes of actions, to the extent that such are caused by the active
negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed
officers, employees, agents and consultants from and against any and all claims,
suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and
defense costs, resulting or accruing to any and all persons, firms, and any other
legal entity, caused by, arising out of or in any way connected with the handling,
removal, abatement, capping, migration (after handling, removal, abatement or
capping) of, or disposal of any asbestos or hazardous or toxic substances, products
or materials that exist on, about or adjacent to the jobsite, whether liability arises
under breach of contract or warranty, tort, including negligence, strict liability or
statutory liability or any other cause of action. D/B's obligation regarding asbestos
or hazardous or toxic substances, products or materials shall be limited to the
proper removal within the Project boundaries and the proper disposal of such
materials.
Section 26: Right to Terminate and Suspend Work
26.1 Archaeological and Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in
the area of the discovery and shall not continue until ordered by City. When
resumed, operations within the area of the discovery shall be as directed by City.
26.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, stone implements or other artifacts, animal
bones, human bones, fossils or any item with cultural significance.
26.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
26.2 Termination of Agreement by City for Cause. If, through any cause, D/B shall
fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
if D/B shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by giving written
notice to D/B of such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. All finished or unfinished
documents, data, studies, drawings, maps, plans, specifications, reports and other
materials prepared by D/B, or any of its agents, Design Consultants or
Subcontractors, shall, at the option of the City, become the property of the City, and
D/B shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
J:\General Services~GS Administration\Design Build Agreements~vlontevalle Community Park DB.doc
40
date of Notice of Termination, not to exceed amounts payable hereunder, and less
any damages caused by D/B's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Rights of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
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 Relatinq to Termination. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated portion of this
Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/B's costs and expenses
under this Agreement. D/B shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
J:\General Services\GS Administration'Oesign Build Agreements\Montevalle Community Park DB.doc
reproductions may be maintained instead of original records and
documents.
26.4 Upon receipt of the Notice of Termination, D/B shall take any action that may
be necessary, or that the City Manager may direct, for the protection and
preservation of the property related to this Agreement that is in the possession of
D/B and in which City has or may acquire an interest.
26.5 Payment to D/B Due to Termination - D/B and the City Manager may agree
upon the whole or any part of the amount to be paid because of the termination.
The amount may include a fee proportional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown in section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
amount of payments previously made. If termination occurs during Phase I, II, or
III, D/B shall only be entitled to the Fees for Phases I, II, or Ill, 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:
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;
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26.6.5 Under no circumstances will D/B be entitled to any con. sideration 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, orthe 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 A.qreement by D/B
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
26.10.1.1 The Project has been suspended under the provisions
of Section 26.1 or 26.2, for more than ninety (90)
consecutive days through no fault or negligence of D/B,
and notice to resume Work or to terminate the
Agreement has not been received from City within this
time period; or,
26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms of this Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 10-day period City
shall have remedied the condition upon which the
payment delay was based.
J:\General Services\GS Administration\Design Build Agreements'dvlontevalle Community Park DB.doc
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 re~luirements 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.
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
J:\General Services\GS Administration\Design Build Agreements~lontevalle Community Park DB.doc
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, f~)rms 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.
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 Force Majeure
as is reasonably possible, but in any event within five (5) working days after Party
becomes aware of such delay or failure.
31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be
reimbursed according to the terms of this Agreement from the Contingency Fund.
J:\General Services\GS Administrafion~Design Build Agreements\Montevalle Community Park DB.doc
Section 32: Hazardous Materials
32.1 In the event the D/B or any other party encounters asbestos or'hazardous or
toxic materials at the Project Site, or should it become known in any way that such
materials may be present at the Project Site or any adjacent areas that may affect
the performance of the D/B's services, the D/B may, at his or her option and without
liability for consequential or any other damages, suspend performance of services
on the Project until the City retains appropriate specialist consultant(s) or
contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and
warrant that the Project Site is in full compliance with applicable laws and
regulations.
Section 33: Disputes
33.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in
accordance with the provisions of this Section, unless specifically addressed by
another provision of this Agreement.
33.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 14. City shall make a determination on D/B's request in writing within 7 days
of receipt of request and all supporting data. Said Change Order shall be made in
good faith and accurately reflect the adjustment in GMP or Contract Time for which
D/B believes City is liable, and covers all costs and delays to which D/B believes it is
entitled as a result of the occurrence of the claimed event. All requests for
adjustment in Contract Time shall include an analysis of the Master Construction
Schedule and the impact of the claimed work on specific activities on the Master
Construction Schedule.
33.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
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
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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:
PCL Construction Services, Inc.
1901 Camino Vida Robie, Suite 112
Carlsbad, CA 92008
Tel: 760-438-0684
Fax: 760-438-0687
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.
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35.2 Severability: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be
enforceable to the fullest extent permitted by law.
35.3 Entire A.qreement: 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 Chula Vista, California.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a
waiver of any such right or remedy on any future occasion.
35.7 Effect of Headings: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be
interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
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.
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35.11 Counterparts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one ~nd 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 Administrafion~Design Build Agmements\Montevalle Community Park DB.doc
SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA PCL Construction Services, Inc.
By: By: --
Stephen C. Padilla, Mayor Representative,
ATTEST: ~ IL~MOZ ~E~IONAL
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
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50
GLOSSARY OF TERMS
J:\General Services\GS Administraflon~Design Build Agreements\Montevalle Community Park DB,doc
53_
GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined
terms used in the Agreement. in the event of any conflict between the following and the
definitions set forth in the Agreement, those in the Agreement 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 1 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 9.
City. City shall refer to the City Representative, Agent and/or City Inspection
Representative.
City Representative. Building and Park Construction 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 bythe designated City
representative.
Construction Documents. D/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
equipment, fixed furnishings and graphics, the technical specifications and all other
technical drawings, schedules, diagrams and specifications, necessary to set forth in detail
the requirements for construction of the Project.
Contractor. Any person or entity with whom the D/B or City contracts or
subcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Council to
be paid to the D/B as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs,
Contract Time. The time within which D/B has to complete all Work and services
under the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Work. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on D/B.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
D/B Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section 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
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.
-2-
Guaranteed Maximum Price (GMP). The guaranteed maximum price (herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in of Exhibit 3 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 Proiect for the performance of the Work on the Project including a
Contingency Fund, as set forth in of Exhibit 2; but specifically does not include: (1) costs
associated with the design and construction management services to be performed by D/B
under this Agreement or (2) costs incurred due to D/B's negligence or failure to perform
according to the terms of this Agreement, including, but not limited to, failure to adequately
supervise the Project, use of materials which do not comply with the Construction
Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services under Phase IV of this Agreement.
Master Construction Schedule. D/B prepared and City approved Master
Construction schedule for Phase IV showing all major milestones, bid dates for major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the exterior of the building, which shall conform with the
dates of Substantial Completion and Final Completion of Project. D/B will update the
schedule as required by the Agreement.
Notice of Completion. City document issued after Chula Vista City Council
formally accepts the Project.
Onsite/Offsite. Refers to Project Site, unless otherwise indicated.
Party. The Parties to this Agreement, The City of Chula Vista ("City"), and PCL
Construction Services, 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 Ill shall consist of all services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 100%
Construction Documents, Master Construction Schedule, preparation of GMP Finalized
-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 park and
recreation center as outlined in the "Montevalle Community Park, Approved Master Plan".
Project Budget. The amount of money authorized by the Chula Vista City Council
to be expended on this Project, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Reimbursable Costs. Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 10 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 11 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 2 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 2 of the Agreement, costs for extension of warranties
pursuant to Section 22 of the Agreement, and Safety Program pursuant to Section 3 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 and (2) all goods and
services to be provided under the terms and conditions of the Construction Documents are
in place and have been initially tested, and are operationally functional, subject to final
testing, balancing and adjustments and a Final Completion punch list Work.
Work. All services, labor, materials, supplies, and equipment necessary for D/B,
Contractors and consultants to complete the Project.
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EXHIBIT LIST (l-III)
Exhibit I RFP for Design Build Services for Montevalle Community Park
A) Master Plan
B) Sample Design/Build Contract and Glossary of Terms
(INTENTIONALLY NOT INCLUDED)
C) General Conditions Worksheet
(INTENTIONALLY NOT INCLUDED)
Exhibit 2 Design Build Fee Structure
Exhibit 3 Identification of Design Build Team Members
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52
,EXHIBIT 1
RFP for Design Build Services Montevalle Community P~rk:
A) Master Plan
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc T
CHY OF
CHUIA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGN/BUILD SERVICES
FOR
MONTEVALLE COMMUNITY PARK
RFP Issue Date:
Tuesday, September 2, 2003
Proposal Due Date & Time:
Monday, September 22, 2003 by 4:00 pm
City of Chula Vista
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Table of Contents
1.0 INTRODUCTION
2.0 IMPORTANT DATES ....................................................................................................... 1
3.0 PROJECT DESCRIPTION ................................................................................................ 1
4.0 GENERAL OBLIGATIONS OF DBT .............................................................................. 2
$.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/Star,up Services - Phase III .................................................................. 9
6.0 INSURANCE REQUIREMENTS .................................................................................... 9
7.0 INSPECTION ................................................................................................................... 11
8.0 CHANGE IN GMP AND CONTRACT TIME ............................................................ 11
9.0 PROJECT COMPLETION ..............................................................................................
10.0 WARRANTIES AND GUARANTEES ......................................................................... 12
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING .......................................... 13
12.0 OWNERSHIP OF DOCUMENTS ................................................................................. 13
13.0 RFP REQUIREMENTS ................................................................................................... 13
13.3 Genera] RFP Requirements: ......................................................................................
13.4 Contents: ................................................ ..~ ................................................................... 14
13.5 Experience and Technical Competence: .................................................................
13.6 Proposed Method to Accomplish the Work: ......................................
13.7 Knowledge and Understanding of Local "Environment": ...................................15
13.8 Project Organization and Key Personnel: ............................................................... 15
13.9 Financial Arrangements for DBT Members: .......................................................... 15
13.10 Exceptions to this RFP: .............................................................................................. 16
13.11 Addenda to 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 ........................................................ :. ...................
ATTACHMENT A- Approved 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 The City of Chula Vista (City) is circulating this Request for Proposal (RFP)
requesting proposals from Design/Build Teams (DBT) qualified to provide the City
with, design services, engineering services, architectural services, construction
management, and construction services/coordination for the construction of
Montevalle Community Park. The DBT shall consist mainly o£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 strongly encourages the Design Builder to include the Landscape Architect
and the Architect that prepared the Montevalle Community Park Master Plan as part
of the DBT.
2.0 IMPORTANT DATES
2.1 Proposal Due Date: Monday, September 22, 2003 by 4:00 pm
Location: Public Works Center, 1800 Maxwell Road, Chula Vista, CA 91911
Buildin~ and Park Construction receptionist
3.0 PROJECT DESCRIPTION
3.1 The DBT shall design and construct for the City: a completed and fully functional 29-
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 "Montevalle Community Park Master Plan" (Attachment A). The
Montevalle Community Park is located on the south side of East H St, east of Hunte
Parkway in the City of Chula Vista.
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. Thc
services to be provided in each Phase are specified below in this RFP. The DBT
shall:
A. Perform all services, work and obligations as described herein for a Guaranteed
Maximum Price ("GMP") which will be set at 90% construction documents
and shall include all Design Services and all Hard Construction Costs necessary
to provide a fully completed and functional Project including, but not limited
to, general conditions, the cost for all labor, equipment, material, and the DBT
Fixed Fee which includes fees and expenses of any type associated with
completing the Project. Any costs incurred by DBT in excess of said GMP
shall be the sole responsibility of the DBT, except for change orders approved
by the City in accordance with the DBT contract to be executed with the DBT.
A sample contract is enclosed as Attachment B.
4.2 DBT shall be obligated as follows:
A. At all times in performing its services under this Agreement to design and
construct the best possible Project consistent with standard of care that satisfies
the time, monetary, quality and design parameters set forth in this RFP and
subsequent D/B Contract.
B. Design and construct the Project on time, consistent with time frames set forth
in the Project Schedule, and in such a manner that the GMP or Contract Time
of the Project shall not be exc~eded, but if DBT reasonably believes that any
action, inaction, decision or direction being made by City or agent for the City
will likely result in the GMP or Contract Time being exceeded or the Project
being completed late, DBT will notify City, for approval or denial, in writing
within five (5) calendar days of discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and time
impact resulting from such action, inaction, decision or direction.
C. Perform, or obtain prior written consent of the City to subcontract all design
services for the Project utilizing qualified, licensed and sufficiently experienced
architects, engineers and other professionals. DBT shall not be permitted to
substitute any Design Consultant unless authorized by City.
D. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State License Board or other required
agencies.
E. Perform all services as expeditiously as is consistent with reasonable skill and
care and shall complete the services within each and all of the time periods set
forth within the approved project schedule
F. Comply with the California Fair Employment and Housing Act and all other
State, Federal and local laws including, but not limited to, those prohibiting
discrimination, on account of race, color, national origin, religign, 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.
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 Gen. eral Building
Contractor. DBT is to provide a list of the responsible people within their
organizations performing services, which shall include their qualifications and
their function, for approval by the City prior to start of construction. City and
DBT shall establish "key personnel" who shall remain on the Project until Final
Completion. If any such "key personnel" leave the employment of DBT, City
shall have the right to approve the replacement personnel. DBT shall comply
with all licensing requirements of the State of California, County of San Diego,
and City of Chula Vista.
Q. DBT agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or
delays resulting from or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by DBT and not be grounds for an increase in GMP or
Contract Time unless necessary to protect public health, safety or property.
5.0 SCOPE OF WORK
5.1 Services required of the DBT include those during design, construction, and
operations/startup of the Project. The GMP will be developed based on all
management, supervision, labor, services, equipment, tools, supplies, and any other
item of every kind and description required for a comprehensive design and
construction program. The scope of work includes, but is not limited to, the following:
1. Develop and Implerrr6nt Project Management Plan and Procedures
2. Monthly project status reports
3. Coordination/interface with the City and its other
consultants/contractors
4. Progress meetings
5. Interface and communications with other agencies
6. Vendors and subcontractors management
7. Document control
8. Schedule and budget control
9. Quality assurance and quality control
5.1.1 Pre-Construction Services - Phase I
Utilizing the City required standard specifications, facility program
requirements, approved master 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 ofNFPA, Cal-OSHA
and the City Fire Department. The Consultant shall develop all
appropriate environmental plans, including but not limited to, an air
pollution control plan, a noise abatement plan and a hazardous materials
management plan. The Consultant shall prepare, submit and obtain
approval of an application for Storm Water Pollution Prevention Plan to
the appropriate authority.~ If required, the Consultant shall incorporate
appropriate facilities in the design.
5. Conduct site surveys and geotechnical investigations to the extent
necessary for final design. Survey and geotechnical information to be
provided by the City may be preliminary in nature and may not have
sufficient accuracy or scope to support final design.
a) Prepare Cons~-uction Cost Estimates and Project Budgets based on
Schematic Design. Prepare revised Cost Estimates during Design
Development and Construction Documents and Bidding phases at
intervals specified in the Design Build Agreement. Develop Project
cost model inclusive of detailed Quantity Surveys and Cost Estimates.
b) Perform three-value engineering reviews to reduce cost and/or add
value, utilizing all team members and City resources. Include
recommendations to maximize energy efficiency and build a "green"
or low-pollution project. Prepare a Value Engineering Report of all
considerations, recommendations and decisions. The goal is to
maximize the quality of construction at a cost equal to or below the
Project Budget.
c) Perform Quality Control (QC) Review of the Drawings and
Specifications throughout all Phases in order to correct errors and
omissions and reduce the quantity of Change Orders during the
course of construction. Include a detailed review of drawings and
designs relative to Code Compliance Laws. Organize and publish
detailed QC Reports based on all findings.
d) Establish a Critical Path Method (CPM) Construction Schedule.
Monitor, update and report to keep the project on schedule.
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, bond!~ng 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 Requests for Information (RFI's) and bid
questions.
6) Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes of
Work, exclusions, etc. Ensure bids match DBT Scope of Work.
7) Make recommendations for selections and award of bids based on
lowest, responsible and most complete bids. Provide cost
spreadsheets which compares bids to cost estimates. If lowest
responsible bid exceeds cost estimate, prepare recon'anendations
to resolve the problems and reduce cost without compromise to
the overall goals of the Project, while remaining within Budget
and on Schedule.
6
h) Assemble a constructability review team with City participation at the
50 .percent design completion stage. Incorporate result, s of the team's
review into the design.
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) Identi fY 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.
5.2.2 Construction Services- Phase II
A) The DBT shall construct the facility in accordance with the approved
construction drawings and specifications (and associated permits)
prepared by the DBT to meet or exceed all requirements of the City
provided program of facility requirements. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate
design team members during the course of construction to review
the status of the project.
2. Ensure the workmanship and materials provided are in accordance
with the Project Specifications and the Architects and meet or
exceed quality construction industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical and code compliance. Provide
copy to the City for review and 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 fi.om the City and
extending through issuance of Notice of Completion and
Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and
federal codes, building and environmental permit requirements, and
construction mitigation documents and enforcement of the Contract
Documents.
6. Provide surveying, and other contracted services as required
completing projects construction. Coordinate City contracted
testing and inspection services during the course of construction.
7. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QA/QC). The Plan shall include but
not be limited to; 1) a statement and definition of QA/QC goals; 2)
an identification of QA/QC criteria and elements; 3) development
of the project QA/QC implementation plan; 4) development of the
QA/QC materials, components, equipment and system testing
plans; and, 5) enforcement of the plans and specifications.
8. Submit the proposed 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. Implement and maintain an internal records management and
document control system as required to support project operations.
The DBT shall provide records management and document control
information in a manner consistent with the citywide Prolog
Management reporting/filing system.
13. The DBT shall develop an on-site Project Safety Plan for review
and approval by the City. The DBT shall administer and enforce
the City approved on-site Project Safety Plan for the Project. The
DBT shall monitor and enforce Project construction Contractor
responsibility for safety and health issues relating to their workers
as the Project Site. This shall include workers in direct employment
to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written
arrangement with the DBT.
14. Report accidents, claims, and other on-going safety related issues to
the City in a manner consistent with Citywide reporting systems.
5.2.3 Operations/Startup Services - Phase ill
a. The DBT shall prepare, submit for City review and written approval a
Project Startup and Testing Plan for the Project. The DBT shall fully
implement said plan.
b. The DBT shall conduct Operator Training Sessions for personnel,
c. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems within the provisions of thc Contract
Documents.
d. The DBT shall.report progress of project startup and testing to the City in
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, free from faults and
defects, and in strict conformance with the Construction Documents and
the D/B contract.
i. Post Construction: DBT to coordinate an 11-month walk through of the
Project to review guarantee/warranty items. DBT to coordinate all
corrective work with the. r, esponsible 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 REQUI]REMENTS
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 maybe 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 of:
6.1.1.1 Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with combined single limits of not less than $1,000,000 per occurrence per
project. Policy to include endorsement naming City of Chula Vista, its
officers, officials, employees and volunteers as Additional Insured against
all liability of the DB, its subcontractors, and its authorized
representatives, arising out of, or in connection with, the performance of
work under the contract with the City. Policy is to be endorsed to state it
is Primary to any other insurance available to the City of Chula Vista and
that insurer will provide THIRTY (30) days written notice to the City
Clerk of the City of Chula Vista of cancellation or material change.
6.1.1.2 Commercial Automobile Liability Insurance, ISO CA 0001 form, Any
Auto code, with a combined single limit of not less than $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 construction values. Perils are to be all risk excluding
Earthquake and Flood. Perils are to include any transportation risk but is
to exclude any equipment, machinery, tools, or property of similar nature,
owned, rented or used by DB or contractors.
6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance
satisfactory to the City. All such certificates will contain at least the
following provisions:
6.1.1.6.1 Thirty (30) days written notice to the City prior to any
cancellation, non-renewal or materials reduction in coverage.
6.1.1.6.2 The words "will endeavor" and "but failure to mail such notice
shall impose no such obligation or liability of any kind upon the
company, its agents or representatives" will be deleted from the
certificate.
6.1.1.6.3 Throughout the life of the Agreement, each and every contractor
of any tier shall pay for and maintain in full force and effect, with
an insurer authorized by the California Insurance Commissioner
to do business in the State of California, the policies evidenced
herein.
Any insurance provided for the City, DB or subcontractors for this project shall be written through an
insurer admitted in the State of California with an AM Best rating of not less than A V. Any
exceptions are at the sole discretion of the City and subject to written approval of the City.
7.0 INSPECTION
7.1 City shall be responsible for material testing and inspections, with reimbursement to
be required by DBT for any re-inspections. The City shall either perform said
inspection services with its own forces or contract with third parties. It shall be the
responsibility of DBT, however, to call for, coordinate and schedule all inspections.
7.2 City, its consultants, subcontractors~ndependent testing laboratories as well as other
governmental agencies with jurisdictional interests will have access at reasonable
times for this observation, inspecting and testing. The DBT shall provide them
proper and safe conditions for such access and advise them of DBT's safety
procedures and programs for compliance.
8.0 CHANGE IN GMP AND CONTRACT TIME
8.1 The GMP and Contract Time may only be changed with a written Change Order.
Change Orders shall be issued only under the following circumstances:
A. The City directs DBT to perform Additional Services.
B. For reasons expressly provided in the D/B Contract.
9.0 PROJECT COMPLETION
9.1 Substantial Completion shall be that stage in the progress of the construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City may fully utilize entire Project; Substantial Completion shall
further mean that all goods, services and systems to be provided unde. r the terms and
conditions of the Construction Documents are in place and have been initially tested,
and are operationally functional, subject only to final testing, balancing and
adjustments and normal Final Completion punchlist Work.
9.2 Final Completion shall be deemed to occur on the last of the following events: (1)
recordation ora 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 sl'rall 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, may be 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.
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
12
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
costs &any type and all services performed for the project. Citywill have the right
at any time, including during thc performance of all Phases &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
rights by Consultant in the United States or in any other country without thc express
w~ittcn consent of City. City shall have unrestricted authority to publish, disclose
(except as may be limited by thc 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, September 22, 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
disqualification. The City reserves the right to amend the RFP prior to the date that
13
proposals are due. Amendments to the RFP shall be mailed to all potential DBTs.
The City reserves the right to extend the date by which the proposal.s are due.
13.3 General RFP Requirements:
A. The City desires to receive proposals from only qualified and experienced
DBTs who demonstrate significant knowledge of design engineering and
construction management, and experience and successful performance ou
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, front and
back cover, cover letter, etc. Type size and margins for text pages should be in
keeping with accepted standard formats for desktop publishing and word
processing and should result in no more than 500 words per page.
C. Proposals must be bound.
13.4 Contents:
A. Proposals submitted in response to this RFP shall be in the following order and
shall include:
1. Executive Summary.
2. Include a one- to two-page overview 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 DI3.T member:
ca Legal name and address.
[] Legal form of company (partnership, corporation, joint venture,
etc.). Ifjoint venture identify the members of the joint venture and
provide all information required under this section for each
member.
[] If company is wholly owned subsidiary of a "parent company,"
identify the "parent company."
Addresses of offices located in San Diego County, if any.
Number of employees in San Diego County.
City of Chula Vista Business License Number.
[] Name, title, address and telephone number of person(s) to be
assigned to project.
Name, title, address and telephone number of person to contact
concerning the proposal.
13.5 Experience and Teclmical 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 of key personnel. Indicate role and
responsibilities of the prime Consultant and all sub-consultants. Indicate how
local firms are being utilized m ensure a strong understanding of local laws,
ordinances, regulations, policies, requirements, permitting, etc. Indicate extent
ofconunitment of key personnel for duration ofpro, ject (through building and
park occupation) and furnish resumes ofkeypersonnel. Provide indication of
staffing level for the project.
B. DBT's evaluation will consider its entire, team, therefore no changes in team
composition will be allowed without prior written approval of the City.
Describe DBT's capacity to perform the work within the time limitations,
considering DBT's current and planned workload and DBT's workforce.
13.9 Financial Arrangements for DBT Members:
If the DBT is a Joint Venture Team, the DBT shall address the proposed
financial arrangements between the Joint Venture members as they relate to
liability to the City for work to be performed. DBT shall submit a team
members' list indicating scope of work, and approximate percentage of
contract. Team members must be named on said list if they receive more than
$10,000 or more than one-half of one percent (.5%) whichever is less.
13.10 Exceptions to this RFP:
The DBT shall certify that it takes no exceptions to this RFP. If~.he 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 preconstmction 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 $9,900,000.
E. Change Orders: Indicate an overhead and profit percentage rate to b~ used on
subsequent changes to the major phases of the project. This rate shall apply to
deductive changes.
F. Provide Payment and'Performance Bond Rates.
G. Provide description of your company's safety policy and how it would be
implemented on this job.
H. Provide Preliminary Design & Construction Schedule. This schedule should
reflect major design and construction activities as well as maintenance periods
for landscaping. The City anticipates this project to 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:
I. Description of insurance coverage for prime respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions,
and outstanding claims).
2. Description of in-house resources for prime respondent and co-venture
partner(s) (i.e., computer capabilities, software applications, modem
protocol, and modeling programs, etc.).
3. Indicate if contractors self perform any work, if so, what trades. Also
indicate if contractors have any union signatory agreements.
4. DBTs should provide, on a stri'ctly confidential basis, the following
information:
a) Audited financial statements for the last three years
b) List of projects completed in the last ~year
c) List of projects currently under development, or construction with
status, development schedule and financial commitment
d) List of projects currently involved in litigation or unresolved claims
for the contractor.
14.0 PUBLIC DISCLOSURE
14.1. All proposals submitted in response to this RFP become the property of the City and
public records, and as such may be subject to public review. Under the Califomia
Public Records Act (California Government Code Section 6250 et seq.) records in
the custody of a public entity generally have to be disclosed unless the information
being sought fails into one or more of the exemptions to disclosure set out in
Govermnent 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
Govern.merit Code Sections 6254 through 6255 and whether or not DBT considers
such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any
party that requests it. Regardless of assertions ofconlidentiality, proposal contents
may still be disclosed if City, or a court with jurisdiction, detemqines 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 o£the DBT will
confoma to the following schedule (Note: Dates are subject to change):
· Distribution/Advertisement of RFP - September 2, 2003
· Submittal o£Proposals Deadline - Monday, September 22, 2003 by 4:00 pm
· Preliminary DBT Selection - September 2003
· Approval of Design/Build Agreement - October 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: - I
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.
!8.0 CONTRACT TERMS AND CONDITIONS
18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City retains the right to
reject any or all submittals. Selection is dependent upon the negotiation of a
mutually acceptable contract with the successful DBT. A sample contract that will be
modified to the specifics of this project is provided for your review as Attachment B.
N.o.modificatio. ns to the standard contract language will be granted. Cost to meet the
m:mmum reqmrements 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
Attachment A:
Park Master Plan
(See Attached Document)
rr ~
EXHIBIT 2
Design Build Fee Structure
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB,doc I I
Montevalle Community Park
Schedule of Rates and Fees:
Preconstruction Services and Design:
Preconstruction Services $53,680
Design $883,650
Sub-Torah $937,330
General Conditions: $492,910
Total PreconstructionlDesignlGeneral Conditions: $'1,430,240
Cost of Work Multipliers(FEE)
D/B's Profit and Overhead 4.25%
General Liability Insurance 1.10%
Professional Liability Insurance 0.25%
Total: 5.60%
Change Orders:
D/B's overhead and profit percentage
for change orders: 11%
Payment and Preformance Bond rate: 0.60%
All presentages are based on Hard Construction costs.
EXHIBIT 3
Identification of Design Build Team Members
J:\General Services\GS Administration\Design Build Agreements\Montevalle Community Park DB.doc T]:T
PROJECT ORGANIZATION
ORGANIZATION CHART AND KEY PERSONNEl,
: ~ RESPONSIBILITY
As the design-builder, PCL will lead the project team.~ PCL will
provide project leadership and support through proposal
preparation, design, permitting and construction. PCL will work
in unison with thc design team and the City to deliver the facility
efficiently and within the City's budget and criteria.
Diamond Terrace Condominiums The design-build team organization is indicated in the
PCL Construction Services, Inc.
organization chart at thc end of this section. PCL will contract
directly with thc architect, landscape architect, gcotechnical
consultant and civil engineer. All other design disciplines will be
contracted through the architect. Where appropriate, design-build
subcontractors will be used including HVAC, plumbing and
electrical.
All subcontractors will be selected for bidding locally and in
concert with the City's management team. Advertising will be
placed in local trade publications to encourage as much local
participation as possible. The local labor forces will be used when
possible.
The PCL Team has assembled the following members to provide
the City of Chula Vista with the finest qualifications available in
this industry. Our firms have a history of completing projects on
time, within budget and to the client's satisfaction. The team and
their responsibilities are as follows:
PCL CONSTRUCTION SERVICES, INC.
· Dennis Uthe- Project Executive/Preconstruction Manager
· Robert Blankmeyer- Project Manager
· Rex Owenby - General Superintendent
SPURLOCK POIRIOR LANDSCAPE ARCHITECTS
· Andrew J. Spurlock, FASLA - Principal-in-Charge
· Scott L. Sandel - Project Manager
· Marcie M. Turrent - Landscape Designer
ARCHITECTS HANNA GABRIEL WELLS
· Matt Wells - Principal
· James David Gabriel - Principal
· Adrienne Gabriel - Interior Design
PROJECT ORGANIZATION
FLORES LUND CONSULTANTS
· William R. Lund- President, Director of Civil Engineering
KPFF CONSULTING ENGINEERS
· Eric Lehmkuhl - Associate
MCPARLANE & ASSOCIATES
· Paul McParlane - Principal
· Genko Ganev - Mechanical Engineer
· James Schmitz - Plumbing Engineer
ILA + ZAMMIT ENGINEERING GROUP
· Lawrence Zammit- Principal
· Dale Franchak - Project Manager
NINYO & MOORE GEOTECHNICAL CONSULTANTS
· Randy Irwin - Chief Engineering Geologist
· Frank Moreland - Senior Project Geologist
· Erik Olsen - Chief Geotechnieal Engineer
BRUMMITT ENERGY ASSOCIATES, INC.
· Beth Bmmmitt- Principal
RESUMES
Resumes for all team members are included in this section.
STAFFING LEVEI,
PCL is sensitive to schedule performance and its critical function
in the success of a project. PCL and its team members are
committed to providing the personnel listed above to complete
this important project for the City of Chula Vista. Current and
planned workloads are manageable components of the equation
for the members assembled for the Montevalle Community Park.
A Staffing Matrix is included in this section for your review.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH PCL CONSTRUCTION SERVICES,
INC. FOR THE PROVISION OF SERVICES REQU1RED
TO DESIGN AND CONSTRUCT MONTEVALLE
COMMUNITY PARK, LOCATED IN THE ROLLING
HILLS RANCH SUBDIVISON OF EASTERN CHULA
VISTA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the City Council previously approved C1P Project #PR-250 and the
Master Plan for Montevalle Community Park which conceptually designed and provided for the
construction of a completed and fully functional 29-acre park and recreation center; and
WHEREAS, PCL Construction Services, Inc. successfully competed in a
Request for Qualifications process to be placed on a pre-approved priority list of design
builders; and
WHEREAS, Municipal Code section 2.57 provides for an abbreviated
competition among contractors already on the Priority List of Design Builders; and
WHEREAS, PCL Construction Services, Inc. responded to a Request for
Proposal for Montevalle Park and was selected as the Design Builder with extensive working
experience of the Design Build process and understanding of community parks and recreation
buildings as well as a vast knowledge of local subcontracting community and labor force
needed to complete the project on schedule and within budget; and
WHEREAS, staff recommends that the City enter into a Design Build
Agreement with PCL Construction Services, Inc. for the provision of services required to
design and construct Montevalle Community 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 Salt Creek Ranch Environmental Impact
Report, EIR 89-03 and subsequent EIR (SEIR) 91-03. 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 PCL Construction Services,
Inc. for the provision of services required to design and construct Montevalle Park, located in
the Rolling Hills Ranch subdivision of eastern Chula Vista, a copy of which shall be kept on
file in the office of the City Clerk and hereby authorizes the Mayor to execute said Agreement
on behalf of the City of Chula Vista.
Presented by Approved as to form by
~3ai;~c tGorri fofifnG en e r al S e rvi c e s ~t~o°~ey
J:\attomcy\reso\Agrcemenls\Design Build Montevall¢ Park
COUNCIL AGENDA STATEMENT
ITEM ¢~
MEETING DATE 12/16/03
ITEM TITLE: A) Resolution For Paying and Reporting the Value of the 8%
Employer Paid CalPERS Member Contributions for Miscellaneous
Employees including Mayor and Council Members
B) Resolution Amending the Fiscal-Year 2002-2005 Pay/Benefit
Plan document to include the City paid 8% Employee contribution to
the California Public Employees Retirement System for Mayor and
Council Members
SUBMITTED BY: Director of Human Resources~.
REVIEWED BY: City Manager ~:? (4/5th Vote: Yes __ No X )
SUMMARY: A recent survey of San Diego County government agencies revealed that
the City of Chula Vista is the only city that is not paying all or a significant portion of the
required employee contributions to the applicable retirement system for their Mayor and
Council Members. These resolutions will allow the City to pick up the 8% employee
contribution for the Mayor and Council Members in lieu of a cost of living increase.
RECOMMENDATION: That Council adopt the resolutions allowing the City to pick up
the 8% employee cost for the Mayor and Council Members' CalPERS retirement
contributions.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The City is currently paying on behalf of all of its employees, except for
the Mayor and Council Members, the "Employee" portion of their CalPERS retirement
contributions (8% for Miscellaneous and 9% for Public Safety). Under CalPERS elected
Mayor and Council Members have the option of participating in CalPERS. Currently those
members of City Council who are participating in PERS are paying their own 8% employee
contributions.
A recent survey of San Diego County government agencies revealed that the City of Chula
Vista is currently the only city that is not paying all or a significant portion of the required
employee contributions towards retirement for our Mayor and Council Members. The
benefits of these elected officials reflect those of the general employee population in all
areas except for this employee contribution to CalPERS.
Under Government Code Section 20691, the City has the authority to provide employer
paid member contributions for our elected officials by presenting a written labor policy or
agreement which specifically provides for the normal member contributions to be paid by
the employer and a resolution specifying the City's intent to pay the contributions and the
specifics. When a similar resolution was presented to CalPERS in 2001 for the
commencement of employer paid member contributions for Miscellaneous employees the
employee contribution rate was 7% for the 2% @ 55 benefit. The benefit has been
enhanced to the 3% at 60, which has an 8% employee contribution. Resolution A
presented here today not only expresses the City's intent to contribute the Mayor and
Council Members' employee contributions but also reflects the current 8% rate being paid
on behalf of all other Miscellaneous employees.
FISCAL IMPACT: The annual estimated cost of adding this benefit is $10,310. No
appropriations are necessary at this time. Estimated cost will be absorbed within existing
operating budget.
ATTACHMENT: Survey of Mayor and Council CalPERS contributions of cities in San
Diego County.
2
Survey of CCPA Cities-Who pays Elected Officials Employee Portion of CalPERS Contribution
November 2003
City Who Pays Employee Portion of PERS
Contributions?
Carlsbad City pays EE contribution
Chula Vista Council Member pays own contribution
Coronado City Pays EE contribution
Del Mar Council Members do not participate in PERS
El Cajon City Pays EE contribution
Encinitas City pays EE contribution
Escondido City Pay~ EE contribution
Imperial Beach City Pays EE contribution
La Mesa City pays EE contribution
National City City pays EE contribution
Oceanside City pays EE contribution
Poway City pays EE contribution
San Diego City pays 100% contribution (rate is based on
member's age). The EE is not entitled to withdraw
any City paid funds upon termination.
San Marcos City pays EE contribution
Santee City Pays EE contribution
Solana Beach City pays EE contribution
Vista Currently -EE pays 2% (of the 7%)
7/2004-EE pays 4% (of the 8% for 3@60)
7/2005-EE pays 6% (of the 8% for 3@60)
7/2006-EE pays 8% (100% of the EE 8%
contribution for 3% @60)
C:\Documents and Settings\annak\Local Settings\Temporary Internet Files\OLK54\Survey of Cities Re
Council Members PERS,doc ~
RESOLUTION 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PAYING AND REPORTING THE VALUE OF THE 8% EMPLOYER PAID
CalPERS MEMBER CONTRIBUTIONS FOR MISCELLANEOUS EMPLOYEES
INCLUDING MAYOR AND COUNCIL MEMBERS
WHEREAS, the governing body of the City of Chula Vista has the authority to
implement Government Code Section 20636 (c) (4) pursuant to Section 20691;
WHEREAS, the governing body of the City of Chula Vista has a written labor
policy or agreement which specifically provides for the normal member
contributions to be paid by the employer, and reported as additional
compensation;
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the governing body of the City of Chula Vista of a Resolution to
commence paying and reporting the value of said Employer Paid Member
contributions (EPMC);
WHEREAS, the governing body of the City of Chula Vista has identified the
following conditions for the purpose of its election to pay EPMC,
· This benefit shall consist of paying 8% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
{excluding Government Code Section 20636 ( c )(4)} as additional
compensation
This benefit shall apply to all Miscellaneous employees. The effective date
of the 8% contribution was December 27, 2002
This benefit shall apply to the Mayor and Council Members effective
December 26, 2003.
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the City of
Chula Vista elects to pay and report the value of EPMC, as set forth above.
Presented by Approved as to form by
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002-2005 PAY/BENEFIT PLAN DOCUMENT TO
INCLUDE THE CITY PAID 8% EMPLOYEE CONTRIBUTION TO THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR MAYOR AND
COUNCI]~ MEMBERS
WHEREAS, on August 28, 2001 the City Council of the City Of Chula Vista adopted the
Resolution No. 2001-2999 approving a pay/benefit plan for Mayor and Council.
WHEREAS, this adopted plan did not include payment of the 8% normal contributions as
Employer Paid Member Contributions (EPMC) to CalPERS; and
WHEREAS, it is now the desire of the City Council to provide this benefit to the City's
elected officials commencing December 26, 2003.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the payment of the 8% of normal CalPERS member
contributions as EPMC to the Mayor and Council Members.
Presented by: Approved as to form by:
Marcia Raskin Ann Y. Moore
Director of Human Resources City Attorney
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE 12/16/03
ITEM TITLE: RESOLUTION Adopting the City of Chula Vista Cafeteria
Benefits Plan for 2004
SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES/~ ~
REVIEWED BY: CITY MANAGER 0~ (4/5th Vote: Yes No X)
The Internal Revenue Code, requires that employers offering cafeteria plans under Section
125 have a written plan document, and that the employer adopt the plan document
annually. This resolution will fulfill this requirement.
RECOMMENDATION: That Council adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In June 1998, Council authorized updates to the City's flexible benefit plan in compliance
with Internal Revenue Service (IRS) guidelines. The document presented here contains
the health, dental, life and flexible spending account options for Plan Year 2004. The
medical and dental packages have been reviewed by all of the City's recognized employee
groups.
FISCAL IMPACT: None with this action.
Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2004
H:~Home\Personnel\Margarita~2001 cafetriaplanA113.doc F .~-//
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2004
WHEREAS, the Internal Revenue Code requires that employers offering cafeteria
plans under Section 125 have a written plan document and that the employer adopt the plan
document annually; and
WHEREAS, in June of 1998, Council authorized updates to the City's flexible benefit
plan in compliance with Internal Revenue Service guidelines; and
WHEREAS, the document attached for formal adoption is the result of the meet and
confer process and the 2004 Plan Document has been updated to reflect the 2004 beginning Flex
Plan amounts, current health and dental plan options, and other changes to comply with current IRS
regulations related to Section 125 Plans (i.e., definition of qualified change in family status and
access to Plan while on FMLA).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2004 as set forth in Attachment
A.
Presented by Approved as to form by
Marsia Raskin Ann Moore
Director of Human Resources City Attorney
J:\Attomey\RESO\Cafeteria Plan 2004.doc
City of Chula Vista
CAFETERIA BENEFITS PLAN
YEAR 2004
C:\Documents and Settings~annak\Local SeEings\Temporary Internet Files\OLK54~2004Plan Document.doc Page 1 of 12
City of Chula Vista
Cafeteria Benefits Plan
This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to
qualify under Section 125 of the internal Revenue Code.
ELIGIBILITY FOR PARTICIPATION
This Plan is for the exclusive benefit of employees of the City of Chula Vista.
Eligible employees are defined as individuals who are:
1. Directly employed by the City of Chula Vista, and
2. Working in a half time, three quarter time or full time benefit status. Hourly
employees are not eligible for this plan except for School Site Coordinators
under the STRETCH Program.
Coveraqe under Family and Medical Leave Act
Employees who are on approved leave, with or without pay, under the provisions of the
Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan
during their absence. If an employee fails to return to work after such leave for any reason
other than the serious illness of the employee or the family member for whom the leave
was granted or through no fault of the employee, they will be required to pay all flexible
benefit plan monies paid to them, or on their behalf during the absence.
Coverage While on Leave of Absence with Benefits
Employees who are authorized to take leave with benefits (e.g., Military Leave as approved
by the City Council and disability leave pursuant to memoranda of understanding
provisions) will continue to be covered under the flexible benefit plan until expiration of
leave.
Employees who are on an approved unpaid leave of absence for their own disability or
illness, beyond the 12 weeks allowed under the FMLA will continue to have their health
insurance and their basic life insurance premiums paid by their Flexible Benefit Plan.
Coverage While on Leave of Absence without Benefits
The City of Chula Vista does not pay for an employee' s benefits if the employee is in an
unpaid status for any reason than those indicated above. The employee may choose to
continue their health, and certain optional benefits coverage at their own cost through the
COBRA continuation plan until they return to work or for the designated length of time as
determined by the City of Chula Vista. If the premiums are not paid, the coverage will be
canceled the first day of the month following the employee's last paid time. Coverage will
be reinstated immediately upon the employee' s return to work, or the first of the month
after their return if premiums were not paid during the employee' s absence.
C:'d3ocuments and Settings~annak\Local Settings\Temporary Intemet Files\OLK54~2004Plan Document.doc Page 2 of 12
PLAN YEAR
The Plan Year is from January 1 to December 31 of each year.
ELECTIONS
Election of benefits must occur during the open enrollment period prior to the start of each
Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date.
Enrollment Forms
Elections must be made in writing on forms/worksheets provided by the Risk Management
Division. An authorization form must be signed by employees to allow for necessary
deductions from their paychecks to provide the benefit coverage selected. In addition to
the benefit election form (if applicable), the employee must also complete and sign all
appropriate applications and enrollment forms for the specific benefits selected.
Default Enrollment
If an employee fails to complete the election of benefits prior to the start of the Plan Year,
that employee will automatically be enrolled in their previous year's Health Insurance Plan
(including any dependent health offset). If not available, Risk Management will enroll the
employee in a comparable plan. The remainder of the annual allotment will be placed in
the Cash Payment. In the case of a new hire or newly eligible employee, failure to turn in
the completed forms within 30 days from eligibility date will result in automatic enrollment in
the least costly health plan made available by the City and the remaining funds will be
placed in the taxable Cash Payment option.
Effective Date of Coverage
The elections are effective for the period of January 1 to December 31 of each year or, for
employees hired after January 1 of a Plan Year, for the remainder of the Plan Year
following eligibility date. Benefits are prorated for employees hired after January 1 of each
Plan Year.
Termination of Coveraqe Upon Separation
Benefits terminate at the time an employee terminates employment except for health and
dental, which terminate on the last day of the month in which the employee terminates
his/her employment.
An eligible employee who terminates and is rehired within 30 days will be reinstated to his
or her prior benefit elections at termination unless another qualifying event has occurred
that allows a change. An employee who is reinstated after 30 days may make new
elections.
Qualified Chanqe in Family Status
Elections are irrevocable except to accommodate changes in family status as defined in
C:\Documents and Settings~annak\Local Settings\Temporary Internet Files\OLK54~2004Plan Document.doc Page 3 of 12
the Income Tax Regulations, 26 CFR Part 1, orto accommodate any significant curtailment
or reduction of coverage under any given benefit plan, or in the case of any significant
premium increase or decrease imposed by a third-party insurer.
Participants who experience a change in family status may be allowed to change or revoke
elections. Several examples, although not all inclusive, of the types of events that
constitute a change in family status are as follows:
:~ The marriage, legal separation or divorce of the employee
The birth or adoption of a child
[] The death of the employee's spouse or dependent
Court-order with specific requirement to cover dependent
Significant cost change or coverage change
Termination or commencement of employment by employee's spouse
Unpaid leave of absence by the employee or the employee's spouse
Changes are also permitted in the event of significant changes in health coverage of the
employee or the employee' s spouse that are related to the spouse' s employment or are
subject to the Special Enrollment Period as described in the Health Insurance and
Portability and Accountability Act (HIPAA).
Changes to benefit elections will be permitted only to the exter~t that they are consistent
with and appropriate to the reason the change is requested. ProOf will be required for all
changes in family status. The employee must submit the request to change plan benefits
within 30 days of the chanqe in family status to Risk Management. If the request is made
after 30 days, the change must wait until the next open enrollment period.
CONTRIBUTIONS
Employer contributions are a fixed amount provided by the City to each eligible employee
on a non-elective basis. Salary reduction agreements are provided for in this Plan for
Health Insurance premiums in excess of the employer's contributions.
In the event payroll deductions for reimbursement accounts are selected and subsequently
stopped due to an eligible family status change, the reactivation of the account will not be
permitted until the next plan year if elected during open enrollment.
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FLEXIBLE ALLOTMENTS
Eligible employees are allotted funds based on their bargaining groups. These amounts
prorated for non-full-time unclassified or unrepresented employees. The allotments are as
follows:
UNIT AMOUNT
Confidential $8,192
CVEA $7,192
Executive $11,092
Level One $2,593
IAFF Level Two $4,830
Level Three $6,558
Middle Managers $8,692
Level One $2,552
POA Level Two $4,723
Level Three $6,517
Senior Managers $9,692
WCE $8,692
Mayor $11,092
Councilmembers $7,394
BENEFIT PLANS
All eligible employees participate in the Flexible Benefits Plan. Each employee must select
one health insurance coverage, unless married to another City employee and are covered
under the spouse' s policy. The Mayor and Councilmembers have the option to waive
medical insurance coverage.
All employees except those represented by IAFF, POA and WCE, the Mayor and
Councilmembers must elect the premium for $3,000 in life insurance coverage currently
$7.00 per year.
The options in this plan are as follows:
1. Health Insurance
a. Kaiser Permanente Health Plan
b. PacifiCare PPO Plan
c. PacifiCare (HMO) Low Option
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d. PacifiCare (HMO) High Option
e. Spouse of City employee coverage
2. Dental Insurance
a. Delta PMI (HMO)
b. Delta PPO (PPO)
3. Life Insurance
a. $3,000 *
· Note: Does not apply to POA, IAFF, WCE, Mayor or Councilmembers
3. Remaining money may be used for:
1. Dependent health insurance
2. Employee and/or dependent group dental insurance
3, Cash Payment (taxable)
4. Dental/MedicalJision reimbursement
5. Dependent/Child Care (daycare) reimbursement
Each of these benefits is described in more detail in the Summary Highlights of Employee
Benefits and in the respective Plan Documents or insurance contracts, which are
incorporated here by reference.
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BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)
The City provides group term life insurance and AD&D at no cost to employees except for
$3,000 of the group term insurance premium, which is deducted from the Flex Allotment.
For employees represented by WCE, POA, IAFF, including Council Members and the
Mayor, there will be no basic lifo premium deducted from the Flex Allotment. Basic Life
Insurance coverage is based on employee groups as follows:
City Paid
Employee Groups Coverage
City Council Members $50,000
Mayor $50,000
Confidential $20,000
CVEA $20,000
Executive Management $50,000
IAFF $10,000
Mid-Ma~nagers $50,000
POA $10,000
Senior Management $50,000
WCE $10,000
In addition to basic life insurance, an employee may elect to purchase additional life
insurance at group rates. Premiums are deducted from the employee's paycheck.
FLEXIBLE SPENDING ACCOUNTS
Flexible Spending Account (FSA) is a way to pay eligible health and dependent care
expenses with tax-free dollars. An eligible employee may set aside money on a pre-tax
basis from the Flex Allotment and/or from his/her paycheck to fund FSA accounts as
follows:
· Cafeteria Dental/Medical/Vision (D/M/V) Spending Account;
· Cafeteria Dependent/Child Care Spending Account;
· MyFund Dental/Medical/Vision (D/M/V) Spending Account; and/or
· MyFund Dependent/Child Care Spending Accounts
When the employee incurs an eligible expense, the employee may submit a claim form to
Human Resources for reimbursement.
An eligible employee may elect up to $2,500 for a Payroll Deduction (MyFund)
Dental/Medical/Vision (D/M/V) Spending Account. Single or married (filing a joint return),
eligible employees may also set aside up to $5,000, from all sources, per plan year for a
Payroll Deduction (MyFund) Dependent/Child Care Reimbursement Account. A married
employee filing returns separately may set aside up to $2,500 per plan year.
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HIPAA Privacy Policy for Health FSA Accounts
The HIPAA Privacy Policy is in compliance with the regulations of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and disclosure
of protected health information (PHI) obtained from the City's self-administered Cafeteria
Dental/Medical/Vision (DMV) Care and MyFund Health Flexible Spending Accounts.
Scope
This policy applies to all plan participant protected information obtained through the City's
administration of health care flexible spending accounts (FSAs).
Definition
The Health Insurance Portability and Accountability Act of 1996 and its implementing
regulations restrict the City's ability to use and disclose protected health information.
HIPAA is the "Health Insurance Portability and Accountability Act of 1996". This
legislation was designed to improve the portability of health coverage, reduce
health care costs by standardizing the processing of health care transactions,
increase the security and privacy of health care information and to make other
changes to the health care delivery system. This policy is to comply with
HIPAA's privacy requirements.
Plan as referred to in this policy is the City's Health Care Flexible Spending Accounts
(FSA): (1) Cafeteria Dental/MedicalNision (D/MN) and (2) MyFund Payroll
Deduction Health FSA.
Plan Participant is a benefited employee who is participating in one or both of the
City's Health Care FSA.
Protected Health Information is information that is created or received by the City
and relates to the past, present, or future physical or mental health condition
of a participant; the provision of health care to a participant; and that identifies
the participant or for which there is a reasonable basis to believe the
information can be used to identify the participant. PHI includes information
related to persons living or deceased.
Procedure
Employees submit claims to Human Resources and eligible expenses are reimbursed via
the employees' paycheck.
Employee Benefits staff of Human Resources, Risk Management have access to the
individually identifiable health information of Plan participants to perform administrative
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functions of the Plan.
The City's Responsibilities as Covered Entity
I. Privacy Officer and Contact Person
The Employee Benefits Manager is designated to act as Privacy Officer for the
"Plan". The Privacy Officer is responsible for the development and implementation
of policies and procedures relating to privacy. The Privacy Officer will also serve as
the contact person for participants who have questions, concerns, or complaints
about the privacy of their PHI.
II. Workforce Training
The City will train Employee Benefits staff on its privacy policies and procedures. The
Privacy Officer is charged with developing training schedules and programs so that all
Employee Benefits staff receive the training necessary and appropriate to permit
them to carry out their functions within the Plan.
Ill.Technical and Physical Safeguards and Firewall
The City will establish on behalf of the Plan appropriate technical and physical
safeguards to prevent PHI from intentionally or unintentionally being used or
disclosed in violation of HIPAA's requirements. Technical safeguards include limited
access to information by creating computer firewalls. Physical safeguards include
locking doors and filing cabinets.
IV. Privacy Notice
The Privacy Officer is responsible for developing and maintaining a notice of the
Plan's privacy practices. The notice will inform participants that the City will have
access to PHI in connection with the Plan's administrative functions. The privacy
notice will also provide a description of the City's complaint procedures, the name and
telephone number of the contact person for further information. The notice will be
mailed to all participants at the beginning of each Plan Year.
V. Complaints
The Privacy Officer is responsible for creating a process for individuals to file
complaints about the Plan's privacy procedures. Sanctions for using or disclosing
PHI in violation of this Privacy Policy will be imposed in accordance with the City's
discipline policy, up to and including termination.
No employee may intimidate, threaten, coerce, discriminate against, or retaliate
against individuals for exercising their rights, filing a complaint, participating in an
investigation, or opposing any improper practice under HIPAA.
No individual shall be required to waive his or her privacy rights under HIPAA as
condition of receiving FSA reimbursements.
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VI. Mitigation of Inadvertent Disclosures of Protected Health Information
The City shall mitigate, to the extent possible, any harmful effects that become known
to it of a use of, or disclosure of an individual's PHI in violation of the policies and
procedures set forth in this Policy. If an employee becomes aware of a disclosure of
protected health information, either by an employee of the Plan or an outside
consultant/contractor, that is not in compliance with this Policy, immediately contacts
the Privacy Officer so that the appropriate steps to mitigate the harm to the participant
can be taken.
VII. Plan Document and Documentation
The Plan Document shall include provisions describing the use and disclosure of PHI
by the City for plan administrative purposes. The City shall document and maintain
authorizations, requests for information, sanctions, and complaints relating to an
individual's privacy rights for six (6) years.
VIII. Use and Disclosure of PHI
The following employees have access to PHI:
:~ Human Resources staff assigned to process Flexible Spending Account
reimbursements and maintain FSAs.
r~ Human Resources Director, Risk Manager and Employee Benefits Manager who
have access to PHI on behalf of the City of Chula Vista for its use in "plan
administrative functions".
These employees may not disclose PHI to other employees unless an authorization is
in place. PHI may be disclosed for the Plan's own payment purposes, and PHI may
be disclosed to another covered entity for the payment purposes of that covered
entity.
The amount of PHI disclosure must be reviewed on an individual basis with the
Privacy Officer to ensure that the amount of information disclosed is the minimum
necessary to accomplish the purpose of the disclosure.
Mandatory Disclosures of PHI
A participant's PHI must be disclosed as required by HIPAA to:
r~ The individual who is the subject of the information
The Secretary of Health and Human Services for purposes of enforcement of
HIPAA
Permissive Disclosures of PHI
PHI may be disclosed in the following situations without a participant's authorization, upon
approval of Privacy Officer:
r~ Disclosures about victims of abuse, neglect or domestic violence
[] Disclosures for judicial and administrative proceedings
r~ Disclosures for law enforcement purposes
~ Disclosures for public health activities
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~ Disclosures is about decedents
o Disclosures to avert a serious threat to health or safety
r~ Disclosures that relate to workers' compensation programs
Disclosures of PHI to an Authorized Recipient
PHI may be disclosed for any purpose if the participant provides a valid authorization.
All uses and disclosures made pursuant to a signed authorization must be consistent
with the terms and conditions of the authorization.
De-Identified Information
The Plan may freely use and disclose de-identified information. De-identified
information is health information that does not identify an individual. This information
may be used for statistical analysis, research, public policy or health care operations.
Individual Riqhts
HIPAA gives participants the right to access and obtain copies of their protected health
information that the plan maintains. HIPAA also provides that participants may request to
have their PHI amended.
An individual also has the right to obtain an accounting of certain disclosures of his or her
own PHI, made in the last six (6) years. The Plan shall respond to an accounting request
within sixty (60) days. The first accounting in any 12-month period shall be provided free of
charge. The Privacy Officer may impose reasonable production and mailing costs for
subsequent accountings.
Responsible Party - Director of Human Resources, Risk Manager, Benefits Manager
CONSTRUCTION
If the plan contains contradictory provisions or if there appears to be a conflict between its
provisions, the following rules apply:
a. The interpretation that favors the Plan as a tax-free plan over any interpretation that
might render the Plan taxable.
b. Subject to paragraph (a), the rules established by the Supreme Court of California
for the construction of like instruments will apply.
PLAN PARTICIPATION RIGHTS
As a participant in the plan, you are entitled to examine, without charge, at the Plan
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Administrator' s office all plan documents including insurance contracts; obtain copies of all
Plan Documents (at a reasonable cost) and other Plan information upon request to the
Administrator.
PLAN IS NOT AN EMPLOYMENT CONTRACT
This plan document is not a contract of employment. Neither the creation of the Plan nor
any amendment to it gives any legal or equitable right to any person against the employer.
Participation in the Plan does not give any member any right to continued employment.
PLAN ADMINISTRATOR
The Plan Administrator is the Risk Manager of the Human Resources Department or
his/her designees. The address of the Plan Administrator is:
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5096
PLAN AMENDMENT OR TERMINATION
The City of Chula Vista reserves the right to amend the Plan from time to time if deemed
necessary or appropriate to meet the requirements of the Internal Revenue Code and any
similar provision of subsequent revenue or other laws or pursuant to negotiations with the
Employee groups; provided that no such modification or amendment shall make it possible
for any benefit contributions or payment to be used for, or directed to purposes other than
for the exclusive benefit of participating employees and their beneficiaries under the Plan.
The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year
or in accordance with negotiations with the Employee Groups. Any such amendment,
discontinuance or termination shall be effective on January 1 of any given year or such
date that is agreed upon by the City and Employee Groups. No amendment,
discontinuance or termination shall allow the return of funds to the City or the use of any
funds for any purpose other than for the exclusive benefit or participating employees and
their beneficiaries.
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COUNCIL AGENDA STATEMENT
Item No.: ] O
Meeting Date: 12/16/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the
FY 2004 Planning and Building Depactment Budget deleting one
Assistant Planning Director position, deleting one General Plan Manager
position and adding one Deputy Planning Director, and one Development
Services Technician position, and amending the spending plan for FY
2005.
of Planning and Building~.3
SUBMITTED BY:DirectorDirect°r of Human Resource~.___
Itl
REVIEWED BY: City Manager 9r~ (4/$ths Vote: Yes X No__)
The Director of Planning and Building has determined that the reorganization of the
management structure is appropriate in order to successfully carry out the department's current
and long-term work programs. The deletion of one Assistant Planning Director position, the
deletion of one General Plan Manager position, and the addition of one Deputy Planning
Director will create a more balanced management structure. There is also the need to add one
Development Services Technician.
RECOMMENDATION: That the City Council adopt a resolution amending the FY 2004
Planning and Building Department budget deleting an Assistant Planning Director position,
deleting one General Plan Manager position, and adding a Deputy Planning Director and
Development Services Technician positions, and amending the spending plan for FY 2005.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
With the departure of the former Director of Planning and Building in July, an interim
management structure was established for the Planning and Building Department. This interim
structure, which replaces the former Assistant Planning Director position with that of Deputy
Planning Director, has proven to be very effective. In this reorganization, the Deputy
Planning Director has assumed the dual role as the General Plan Manager.
The benefits of the proposed changes are as follows:
1. Many of the key responsibilities of the former Assistant Planning Director Position are
distributed amongst the two Deputy Planning Directors (existing and proposed). This
Page 2, Item No.: lC9
Meeting Date: 12/16/03
structure provides the Director with the ability to become more engaged in important
projects, policies and issues pertaining to both divisions of the department.
2. Several of the Advanced Planning functions previously under the former Assistant
Planning Director have been consolidated under the new Deputy Planning Director
position. Since the scope of authority of each of the Deputy Planning Directors is not
individually as broad as the former Assistant Director position, there is more direct
accountability.
3. Although the structure clearly recognizes the department-wide responsibilities of the
Planning and Building Director, it also maximizes utilization of the extensive
knowledge and experience of the Assistant Director/Building Official in building
functions and the Director on planning functions.
4. The reorganization results in an annual salary savings of $129,600.
The Director of Planning and Building has determined that this interim structure should be
made permanent since it provides the department with the best means to manage both the short
and long-term work programs.
The Planning and Building Department continues to review a large number of development
applications, which results in the need to conduct zoning plan checks. In order to keep pace,
the services of a Temporary Expert Professional have been utilized to augment our permanent
staff. Based upon current and projected workloads, coupled with the need to maintain the
services of highly trained personnel, we are recommending that the department add one
additional permanent Development Services Technician position, at $53,700 in annual cost.
The savings from the budgeted Temporary Expert Professional will offset the vast majority of
the costs.
FISCAL IMPACT:
The recommended amendments to the Planning and Building Department budget would
transfer $21,340 from hourly wages to salary and benefits, and result in a decrease of $88,600
in personnel services expenditures for the remainder of FY 2004. These position amendments
would produce savings of $129,600 in FY 2005 and ensuing fiscal years.
J:\planning\jim\Budget amendment FY 03 04ri.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMEND1NG THE FY 2004 PLANNING AND BUILDING DEPARTMENT
BUDGET DELETING ONE ASSISTANT PLANNING DIRECTOR
POSITION, DELETING ONE GENERAL PLAN MANAGER POSITION,
AND ADDING ONE DEPUTY PLANNING DIRECTOR AND ONE
DEVELOPMENT SERVICES TECHNICIAN POSITION, AND AMENDING
THE SPENDING PLAN FOR FY 2005
WHEREAS, it has been determined that the deletion of the Assistant Planning Director
position and the addition of the Deputy Planning Director position provides for a more efficient
management structure, and
WHEREAS, the Deputy Planning Director will be serving a dual role as the General Plan
Manager; and
WHEREAS, this proposed structure will best allow the Planning and Building
Department to complete both its short-term and long-term work programs, and
WHEREAS, based on both existing and projected workloads there is a need for one
additional Development Services Technician, and
WHEREAS, the Human Resources Department has reviewed this issue, discussed the
concept with the Planning and Building Department and concurs that this approach is logical and
proper use of City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY 2004 Planning and Building Department budget by deleting one
Assistant Planning Director position, deleting one General Plan Manager position, adding one
Deputy Planning Director position and one Development Services Technician, and amending the
spending plan for FY 2005
Presented by Approved as to form by
James D. Sandoval Ann Moore
Director of Planning and Building City Attorney
J:\ATTORNEY\rESO\CLASSIFICATION\Resolution Bgt Amend doc
COUNCIL AGENDA STATEMENT
Item: ]]
Meeting Date ~
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
approving the third amendment to an agreement between the City of Chula
Vista and Remy, Thomas and Moose, LLP for legal services related to the
City o£ Chula Vista Multiple Species Conservation Program (MSCP)
Subarea Plan, and authorizing the Mayor to execute said agreement
SUBMITTED BY: Director of Planning and Building~
REVIEWED BY: City Manager ~ ~ (4/5ths Vote: Yes _ No X )
On November 11, 1999, Remy, Thomas and Moose, LLP was retained by the City of Chula Vista to
provide legal services for the MSCP Subarea Plan. On May 13, 2003, the City Council adopted the
MSCP Subarea Plan for the City of Chula Vista. As we approached ~nal approval of the Subarea
Plan by the Resource Agencies, staff moved to close out the project files. At that time it was
determined that Remy, Thomas and Moose had expended additional time on the final Subarea Plan
and supporting documents, which exceeded the original contract amount. Additionally, prior to the
issuance of the Take Permit and signing of the Implementing Agreement (IA), the USFWS has now
determined there should be changes to the IA. Negoitations regarding the appropriateness of these
changes will require additional legal services. Therefore, approval of this Third Contract
Amendment would amend the original contract Scope of Work and provide payment for legal
services rendered by Remy, Thomas and Moose.
RECOMMENDATION:
That the City Council adopt Resolution of the City Council of the City of Chula Vista
approving the third amendment to an agreement between the City of Chula Vista and Remy,
Thomas and Moose, LLP for legal services related to the City Of Chula Vista MSCP Subarea
Plan, and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Rack~ound
The MSCP Subarea Plan was prepared by the City of Chula Vista in coordination with the
Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within
the City of Chula Vista. On May 13, 2003, the City Council adopted the MSCP Subarea Plan.
The City initiated an agreement with Remy, Thomas and Moose, LLP on November 11, 1999 to
Page 2, ItemNo.: II
Meeting Date: _L?~l_6L03.
provide legal services during the preparation, review, and approval of the MSCP. The Scope of
Work detailed in the Two Party Agreement between the City of Chula Vista and Rcmy, Thomas
and Moose consisted of reviewing environmental documents, attending meetings and public
hearings, and conducting legal review of the Findings of Facts and any statement of overriding
considerations in accordance with CEQA. During the final stages prior to thc adoption of the
MSCP Subarea Plan, Remy, Thomas and Moose were needed to assist the City during extensive
negotiations with the Resource Agencies in preparation and execution of the IA. Remy, Thomas
and Moose also provided additional review of final Subarea Plan documents, Findings, and
Ordinances. They conducted research and advised the City on matters pertaining to the IA,
MSCP Ordinances and policies, and attended meetings and public hearings as requested by staff.
On November 21, 2003 the Mayor executed the IA after City staff was advised that all was in
order and that the Agencies were also about to sign the IA and issue the Take Permits. Prior to
their execution of the IA and issuance of the Take Permit, staffwas notified that the USFWS was
requiring additional language be added to the IA. Remy, Thomas and Moose will be needed to
negotiate these proposed changes with the USFWS and conduct final review of all revisions
made to the IA. Approval of this Third Contract Amendment would increase the contract
agreement by $19,730, which would provide payment for legal services rendered by Remy,
Thomas and Moose during the final stages of approval of the MSCP and during the forthcoming
negotiations on the final IA.
FISCAL IMPACT: The $19,730 cost for the contract amendment for work performed by Remy,
Thomas and Moose will be funded by the adopted Planning and Building Department fiscal year
2004 budget.
ATTACHMENTS
1. Two-Party Agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP
2. First Amendment to the Agreement between the City of Chula Vista and Remy, Thomas and
Moose, LLP
3. Second Amendment to the Agreement between the City of Chula Vista and Remy, Thomas and
Moose LLP
4. Third Am~mdment to the Agreement between the City of C~hula Vista and Remy,
Thomas and Moose, LLP
Two Party Agreement
between
City of Chula Vista
and
Remy, Thomas, and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea plan
This Agreement ("Agreement"), dated August 1, 1999, for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, Paragraph
2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity
indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth
on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on
Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City of Chula Vista has determined that it is in need of specialized legal
services for review of the legal adequacy of certain environmental documentation required for
the MSCP Subarea Plan; and
WHEREAS, the project site consists of the City of Chula Vista, including planning
boundary not currently a part of the City.
WHEREAS, the Environmental Review Coordinator has determined that the legal
services of a law firm that specializes in the California Environmental Quality Act (CEQA), as
well as the processing of various federal and state environmental clearances (i.e., 404 permit,
1603 streambed alteration agreement, etc), are necessary to ensure that the environmental
documents are prepared in accordance with CEQA, and
WHEREAS, the law firm of Remy, Thomas, and Moose is known throughout the State of
California for their expertise and experience regarding CEQA, and
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070 that competitive
bidding is impractical, and waive the normal consultant selection process because of Remy,
Thomas, and Moose's historic significant time and effort advising on the preparation of the
Environmental Impact Report of the General Plan, as well as numerous other environmental
documents for various projects in the City, retention as counsel on related litigation, and
reasonable fees, and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
H:Xlfome~lanning\Charline~l SCPremythomas.agr Page 1
11/24/99
City within the time frames herein provided all in accordance with the terms and conditions o
this Agreement.
WHEREAS, the Environmental Review Coordinator has otherwise negotiated the details
of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula
Vista Municipal Code and Sections 6.5.2 and 6.6 of the Environmental Review Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties.
A. General Duties.
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope-of-Work and Schedule.
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled
"Scope-of-Work and Schedule", not inconsistent with the General Duties,
according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8,
within the time frames set forth therein, time being of the essence of this
Agreement. The General Duties and the work and deliverables required in the
Scope~of-Work and Schedule shall be herein referred to as the "Defined
Services." Failure to complete the Defined Services by the times indicated does
not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope-of-Work.
City may independently, or upon request from Consultant, fi'om time to time
reduce the Defined Services to be performed by the Consultant trader this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction.
D. Additional Services.
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within
the scope of services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
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E. Standard of Care.
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that
level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by
it in connection with the Services required to be rendered, are protected against
the risk of loss by the following insurance coverages, in the following categories,
and to the limits specified, policies of which are issued by Insurance Companies
that have a Best's Rating of "A, Class V" or better, or shall meet with the approval
of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined
single limit applied separately to each project away from premises owned or
rented by Consultant, which names City and Applicant as an Additional Insured,
and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability
policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and farther indicating
that the policies may not be canceled without at least thirty (30) days
written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a
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policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled
"Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to the
Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Performance Bond," in said Paragraph 19, Exhibit
A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled
"Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the temps of this Agreement.
The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Letter of Credit," in said
Paragraph 19, Exhibit A.
(3) Other Security.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter
of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a
form and amount satisfactory to the Risk Manager or City Attorney.
I. Business License.
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City.
A. Consultation and Cooperation.
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City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this Agreement. The City
shall permit access to its office facilities, files, and records by Consultant
throughout the term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A, Paragraph 10,
and with the further understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a basis for the
justifiable delay in the Consultant's performance of this Agreement.
B. Compensation.
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A,
Paragraph 18, City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph
11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for
retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant
for out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the mount due and
payable thereunder is proper, and shall specifically contain the City's account
number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3. Administration of Contract.
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this Agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereofi
5. Liquidated Damages.
The provisions of this section apply ifa Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
H:~Iome~Planning\CharlineWl SCPreraythomas.agr Page 5
performance. The parties have ~sed their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee,
prior to the expiration of the specified time. Extensions of time, when granted, will be
based upon the effect of delays to the work and will not he granted for delays to minor
portions of work unless it can be shown that such delays did or will delay the progress of
the work.
6. Financial Interests of Consultant.
A. Consultant is designated as an FPPC filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political
Reform Act conflict of interest and disclosure provisions, and shall report
economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 15 of Exhibit
A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC filer, Consultant shall
not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has
reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPL filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Conunission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic
interest which would conflict with Consultant's duties under this Agreement.
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//-, £
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume
an economic interest during the term of this Agreement which would constitute a
conflict of interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's
which may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
Consultant fimher warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connection with Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that
may be made during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys' fees) arising out of the conduct of
the Consultant, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful misconduct of the City, its officers, or employees.
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//,.?
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, Consultant at its own
expense shall, upon written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consultants' indemnification of City
shall not be limited by any prior or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause.
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions.
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this
Agreement.
10. Termination of Agreement for Convenience of City.
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such temfination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
! 1. Assignability.
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
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assignment or novation), without prior written consent of City. City hereby consents to
the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph
17 to the subconsultants identified thereat as "Permitted Subconsultants."
12. Ownership, Publication, Reproduction and Use of Material.
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole
or in part under this Agreement shall be subject to private use, copyrights or patent rights
by Consultant in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
13. Independent Contractor.
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this Agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon
by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees.
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
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l 1/24/99
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs.
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17. Miscellaneous.
A. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
B. Consultant is Real Estate Broker and/or Salesman.
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a
licensed real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
C. Notices.
All notices, demands, or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt requested, at the
addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement.
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereofi 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.
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E. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement
shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto
as possible. Venue for this Agreement, and performance hereunder, shall be the
City of Chula Vista.
[End of page. Next page is signature page.]
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Signature Page
Agreement Between
City of Chula Vista
and
Remy, Thomas, and Moose, LLP
For Consultant Work
Re: MSCP Subarea Plan
1N WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and tmderstood same, and indicate their full and complete consent
to its terms.
Dated: ////~¢¢ City of Chula Vista
Shirley HortC~n, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
J;~. Kahen37, Cit~/Attomey
Dated: /~/_¢c)/~? Remy, Thomas, and Moose, LLP
Tina A. Thomas, Partner
By: ~/,~
Man~yn ~onseggi,
Environmental Project Manager
Exhibit List to Agreement
(X) Exhibit A
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Exhibit A
to
Agreement between
City of Chula Vista
and
Remy, Thomas, and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea Plan
1. Effective Date of Agreement: August 4, 1999
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: ., a [insert business
form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Remy, Thomas, and Moose, LLP
5. Business Form of Consultant:
( ) Sole Proprietorship
(X) Limited Liability Partnership
( ) Corporation
6. Place of Business, and Telephone Number of Consultant:
455 Capitol Mall, Suite 210
Sacramento, CA 95814
Voice Phone (916) 443-2745; Fax: (916) 443-9017
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7. General Duties
To the satisfaction of the City Attorney's Office and the City's Environmental Review
Coordinator, review, for legal adequacy, environmental documentation required for the
MSCP Subarea Plan and ensure preparation of Draft Findings of Fact in accordance with
the California Environmental Quality Act (CEQA), on behalf of the City of Chula Vista.
8. Scope of Work and Schedule
A. Detailed Scope of Work
1. Review environmental documents required for the MSCP Subarea Plan for
compliance with CEQA, including providing comments in the form of margin
notes.
2. Review and modify as necessary Draft Findings of Fact and any statement of
overriding consideration in accordance with CEQA.
3. Attend meetings and Public Hearings as requested by staff.
4. Other duties as requested by City staff necessary to facilitate environmental
review and approval of the documents by the City Council. However, if after
completion and review of the City's preliminary environmental analysis of the
proposed project, including preparation and review of an Initial Study,
requires preparation of an environmental impact report under CEQA for the
City's MSCP Subarea Plan, preparation of and/or review by Consultant of any
such document will be considered outside the scope of this Agreement and
may require amendment of this Agreement.
B. Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Comments in the form of margin notes on environmental
documents including review of Responses to Comments.
Deliverable No. 2: Comments in the form of margin notes on draft Findings of
Fact and Statement of Overriding Considerations.
Deliverable No. 3: Attendance at Planning Commission and City Council
heatings on the draft environmental documents as scheduled and requested by
City.
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D. Date for completion of all Consultant services:
June 30, 2000 or upon final approval of environmental documents by the City
Council.
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial
General Liability coverage).
10. Compensation:
A. (X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein
required, City shall pay Consultant for the productive hours of time and material
spent by Consultant in the performance of said Services, at the rates or amounts
set forth herein below according to the following terms and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will
perform all of the General and Detailed Services herein required of Consultant for
no more than $32,500 including all Materials, and other "reimbursables"
("Maximum Compensation").
Rate Schedule
Category of Employee Hourly
of Legal Consultant Name Rate
Attorney - Partner Tina A. Thomas $210.00
Senior Associate John Mattox $165.00
( ) Hourly rates may increase by 6% for services rendered after December,
1999, if delay in providing services is in the opinion of the City's Director
of Planning and Building, caused by thc City.
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11. Reimbursables
a. Copies $.25 per page
b. Facsimile $1.00 per page
c. Delivery/Pick up charges $7.50 per delivery in the Sacramento area
($.35 for each additional mile outside of
Sacramento County)
12. Contract Administrators.
City: Marilyn Ponseggi, Environmental Projects Manager
276 Fourth Avenue, Chula Vista, CA 91910
(619) 691-5707
Consultant: Tina A. Thomas
Remy, Thomas, and Moose, LLP, Attorneys at Law
455 Capitol Mall, Suite 210
Sacramento, CA 95814
(916) 443-2745
13. ( X ) Not applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and soumes of income.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, interest in real property, and sources of
income subject to the regulatory, permit or licensing authority of the
department.
( ) Category No. 4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
( ) Category No. 5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No. 6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
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( ) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial
miles of Project Property, if any:
14. ( ) Consultant is Real Estate Broker and/or Salesman.
15. Permitted Subconsultants:
None.
16. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) ' First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
17. Security for Performance
( X ) Not applicable.
) Performance Bond, $_
) Letter of Credit, $
) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
H:~HomeXPlanning\Charline~vl SCPremythomas.agt Page 17
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
H:~Home~Planning\CharlinehMSC Premy thomas.agr Page 18
FIRST AMENDMENT TO
the Agreement between the City of Chula Vista and
Remy, Thomas, and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea plan
Recitals
This First Amendment ("First Amendment") is entered into effective as of
~ ~c June, 2000 by and between the City of Chula Vista ("City") and Remy,
Thomas, and Moose, LLP ("Remy Thomas"), with reference to the following facts:
WHEREAS, Remy Thomas has assisted the City with the review of legal
adequacy of certain environmental documentation required for the MSCP Subarea Plan;
and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the documents; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Remy Thomas to complete the legal review of the MSCP Subarea
Plan and associated documents.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Remy Thomas agree as follows:
1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following
paragraphs:
5. Consultant shall complete the below listed tasks in the time allotted:
a. Review the Subarea Plan and Addendum and provide advice to the
City Attorney and Planning and Building Department based upon
that review.
Up to 40 hours
b. Attend and provide City representation at administrative hearings
as necessary at the request of Contract Administrator
H:\Shared\Attorney\REMY, THOMAS Contract Amendment2.doc I of 4
Up to 20 hours
(includes preparation time, travel time and attendance at 2
hearings)
c. Prepare for retreat with Wildlife Agencies
Up to 20 hours
(includes reviewing proposed language for the Subarea Plan and
Addendum and meetings with City staff)
d. Attend and participate in the Agency retreat
Up to 20 hours
2. Exhibit A, Section 10 A of the original Agreement, entitled Compensation, Time
and Materials, Not-to-Exceed Limitation on Time and Materials Arrangement, is
hereby amended to read as follows:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Remy Thomas of time and materials in
excess of said Maximum Compensation amount, Remy Thomas agrees that Remy
Thomas will perform all of the General and Detailed Services contain within this
First Amendment required of Consultant for no more than $25,000 including all
Materials, and other "reimbursables" ("Maximum Compensation").
Rate Schedule
Category of Employee
of Consultant Name Hourly Rate
Attorney Partner Tina A. Thomas $ 210.00
Senior Associate Renee F. Hawkins $ 165.00
Any travel or lodging costs shall be reimbursed at the actual cost incurred.
H:~Shmed\Attorney\REMY, THOMAS Contract Amendment2.doc 2 of 4
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS, AND MOOSE, LLP
City of Chula Vista Remy, Thomas, and Moose, LLP
Shirley H~*rton, Mayor ' '
Tina A. Thomas, Partner
Date /o [S2~ I ~6 Date
ATTEST:
Susan Bigelow, City Clerk
Approved in fom~ by:
John 1¢i. Kahen3)} City Attorney
H:\Shared\Attorney\REMY, THOMAS Contract Amendmem2.~t;~; ~.~ 3of4
SECOND AMENDMENT TO
the Agreement be~een the CiW of Chula Vista and
Remy, Thomas and Moose, LLP
For Legal Consul~g Se~ices
Re: MSCP Subarea Plan
Recitals
~is Second Amendment ("Second ~endment") is entered into eff~tive ~ of Nov~b~
/~, 2000 by ~d be~een the City of Chula Vista ("CiW") ~d Remy, ~om~ and Moose,
LLP ("Remy ~om~"), wi~ ref~ence to ~e following facts:
~EREAS, Rmy ~omas has assisted the City wi~ ~e review of leg~ adequacy of
ce~ain enviromental documentation required for the MSCP Sub~ea PI~; ~d
~EREAS, City dete~ined additional work beyond ~e original Scope of Work would
be necessa~ to complete the documents; ~d
~EREAS, the pmies negotiated a new S~pe of Work; ~d
~EREAS, the p~ies now desire to mend the A~eement to expand the Scope of
Work required of Rmy Thomas to complete the legal review of ~e MSCP Sub~ea PI~ ~d
associated documents.
NOW, THEREFOr, in consideration of the recitals ~d the mum~ obligation of ~e
pmies set foah herein, City ~d Remy ~omas a~ee as follows:
1. E~ibit A, Section 8A of the ofi~nal A~ment, entitled S~pe of Work ~d Sch~ule,
Detailed Scope of Work, is hereby amend~ to add the following para~aph:
6.Consult~t shall complete the below list~ tasks:
MSCP - Phase I
a. Prep~e CEQA Findings for ~e City of Chula Vista acting ~ a responsible
agency for the approval of the MSCP Subre~on~ Plan and adoption of the Chula
Vista MSCP Subma PI~.
b. Review rehsions of the Chula Vista MSCP Sub~ea PI~ for ~mpli~ce wi~
fed~al ~d state endangered species laws.
c. Prepare a Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
d. Research and advise the City on strategies to modify the critical habitat
designations for those species which affect the Chula Vista MSCP Subarea.
e. Review public comments and responses to public comments on the Chula Vista
MSCP Subarea Plan as necessary to obtain federal and state incidental take
permits.
MSCP - Phase II
a. Assist in contract negotiations on behalf of the City with the Wildlife Agencies on
the MSCP Implementing Agreement, including research and review all drafts of
the Implementing Agreement to ensure compliance with applicable federal and
state endangered species laws, attend meetings with the Wildlife Agencies, and
prepare for and attend the City Council public hearing on adoption of the
Implementing Agreement.
b. Revise the Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
c. Research and advise the City on strategies to modify the critical habitat
designations for those species which affect the Chula Vista MSCP Subarea.
d. Review the City's proposed implementing ordinances, including the HLIT,
Grazing Abatement, and amendments to the Grading Ordinance for consistency
with applicable federal and state endangered species laws and for compliance
with CEQA.
e. Review public comments and responses to public comments on the Implementing
Agreement as necessary to obtain and implement federal and state incidental take
permits.
Low-effect Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly
a. Review the low-effect Habitat Conservation Plan for the Quino Checkerspot
butterfly for consistency with applicable federal and state endangered species
laws and for compliance with CEQA.
2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Times for Delivery of
Deliverables, Deliverable No. 2 is hereby amended to read as follows:
Draft Findings of Fact and Statement of Overriding Considerations
3. Exhibit A, Section 8C of the original Agreement, entitled Dates or Times for Delivery of
Deliverables, is hereby amended to add the following paragraph:
Deliverable No. 4: Draft Mitigation and Implementing Agreement Monitoring Program
for Biological Resources.
Deliverable No. 5: Revised Draft Mitigation and Implementing Agreement Monitoring
Program for Biological Resources.
4. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
August 15, 2001 or upon issuance of incidental take permits by the Wildlife Agencies.
5. Exhibit A, Section 10 A of the original Agreement, entitled Compensation, Time and
Materials, Not-to-Exceed Limitation on Time and Materials Arrangement, is hereby
amended to read as follows:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Remy Thomas of time and materials in excess of
said Maximum Compensation amount, Remy Thomas agrees that Remy Thomas will
perform all of the General and Detailed Services contain within this Second Amendment
required of Consultant for no more than $145,000 including all Materials, and other
"reimbursables" ("Maximum Compensation"), as follows:
MSCP - Phase I $ 20,000
MSCP - Phase II $ 95,000
Low-effect HCP for Quino Checkerspot Butterfly $ 30,000
TOTAL $145,000
Rate Schedule
Attorney Partner Tina A. Thomas $ 210.00
Senior Associate Renee F. Hawkins $165.00
Any travel or lodging costs shall be reimbursed at the actual cost incurred.
6. Except as herein provided, all provisions of the original agreement and first amendment
to the agreement shall remain in full force and effect.
SIGNATURE PAGE TO SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS AND MOOSE, LLP
City of Chula Vista Remy, Thomas and Moose, LLP
Shirley Hbrt~'/fl, Mayor ' Tina A. Thomas, Partner
Date Date i ~ , ~//7--04a ~
ATTEST:
Susan Bigelow, City ClerkU
Approved in form by:
Jo.~h~d. Kaheny, Ci(¢)Attomey
(H:\SharedLPlanning\ChfistinaLRTM Amendment2.doc)
7 40.
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
(A/nh Moore
City Attorney
Dated: [~r 7-0-~
Agreement between the City of Chula Vista and
REmy, Thomas,and Moose, LLP for ~egal Consulting Services
re: MSCP Subarea Plan
THIRD AMENDMENT TO
The Agreement between the City of Chula Vista and
Remy, Thomas and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea Plan
Recitals
This Third Amendment ("Third Amendment") is entered into effective as December 16, 2003 by
and between the City of Chula Vista ("City") and Remy, Thomas and Moose, LLP ("Remy
Thomas"), with reference to the following facts:
WHEREAS, Remy, Thomas and Moose has assisted the City with the review of legal
adequacy of certain environmental documentation required for the MSCP Subarea Plan; and
WHEREAS, the original contract executed on November 11, 1999 consisted of reviewing
environmental documents, attending meetings and public hearings, and conducting legal review
of the Findings of Facts and any statement of overriding considerations in accordance with
CEQA; and
WHEREAS, City determined additional work beyond the Scope of Work would be
necessary to complete the documents and finalize the Implementing Agreement between the City
of Chula Vista and the Resource Agencies; and
WHEREAS, the parties now desire to amend the Agreement to expand the contract
agreement by $19,730 for legal services rendered by Remy, Thomas and Moose; and
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, the City and Remy, Thomas and Moose agree as follows:
1. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all
Consultant Services is hereby amended to adding the following:
March 15, 2003
2. Exhibit A, Section 10A of the original Agreement, entitled Compensation, Time and
Materials Arrangement, is hereby amended to read as follows:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Remy, Thomas and Moose of time and materials
in excess of said Maximum Compensation amount, Remy, Thomas and Moose agrees
that Remy, Thomas and Moose will perform all of the General and Detailed Services
contained within this Third Amendment required by the Consultant for no more than
$19,730 including all Materials, and other "reimbursables" ("maximum
Compensation"), as follows:
Review of the final Subarea Plan and supporting
documents and meeting attendance $4,730
Review final revisions made to the
Implementing Agreement (IA) prior to issuance of the
Take Permit and signing by the Resource Agencies and
adoption by City Council $15,000
3. Except as herein provided, all provisions of the original agreement, first amendment, and
second amendment shall remain in full force and effect.
SIGNATURE PAGE TO THIRD AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS, AND MOOSE, LLP
City of Chula Vista Remy, Thomas, and Moose, LLP
By: By:
Stephen C. Padilla, Mayor Tina A. Thomas, Partner
Date: Date:
ATTEST:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG THE THIRD AMENDMENT TO
AN AGREEMENT BETWEEN THE CITY OF CHULA VESTA
AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL
SERVICES RELATED TO THE CITY OF CHULA VISTA
MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP)
SUBAREA PLAN, AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, Remy, Thomas and Moose has assisted the City with the review of legal
adequacy of certain environmental documentation required for the MSCP Subarea Plan; and
WHEREAS, the original contract executed on November 11, 1999 consisted of reviewing
envirorm~ental documents, attending meetings and public hearings, and conducting legal review
of the Findings of Facts and any statement o£ overriding considerations in accordance with
CEQA; and
WHEREAS, City determined additional work beyond the Scope of Work would be
necessary to complete the documents and finalize the Implementing Agreement between the City
of Chula Vista and the Resource Agencies; and
WHEREAS, the parties no~v desire to amend the Agreement to expand the contract
agreement for legal services rendered by Remy, Thomas and Moose; and
NOW, THEREFORE, BE IT RESOLVED that the City Council o£ the City o£ Chula
Vista does hereby approve the Third Amendment to the Original Agreement between the City o£
Chula Vista and Remy, Thomas and Moose, Consultant, £or legal services related to the final
approval of the MSCP Subarea Plan.
BE IT FURTHER RESOLVED that the City of Chula Vista that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said amendment on behalf of the City,
a copy of which shall be kept on file in the office of the City Clerk.
Presented by Approved as to Form
Jim Sandoval Ann
Director of Planning and Building City Attorney
J:Attorney/Reso/AmendmenffRTM Resolution Amendment
I tern ·
Meeting Date 12/16/2003
COUNCIL AGENDA STATEMENT
ITEM TITLE: Report Regarding the Development Impact Fee (DIF), Park Acquisition
and Development (PAD) Fee, and Trunk Sewer Capital Reserve Funds for
the Fiscal Year Ended June 30, 2003
Resolution No. Finding that the Unexpended Funds in the PAD Fee
Fund are still needed to provide for construction of facilities for which the
fees were collected
SUBMITTED BY: Director of Fin~nce~
Director of Engineering~
REVIEWED BY: City Manager ~[~ (4/STHS Vote: Yes No X )
BACKGROUND:
State law requires local agencies assessing Development Impact Fees (DIF) fees and capacity
charges to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and provides the public with information on Parkland Acquisition and
Development (PAD) fees.
RECOMMENDATION:
That Council accept the report and approve the Resolution finding that the unexpended PAD
funds are still needed to provide construction of facilities for which the fees were collected.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
State law requires local agencies assessing Development Impact Fees (DIF) fees and capacity
charges to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and provides the public with information on Parkland Acquisition and
Development (PAD) fees. State Law also requires that the local agency provide this information
to the public for a minimum of fifteen days prior to reviewing this information at a public
meeting. SB 1760 likewise requires local agencies to make available to the public, within 180
days after the last day of each fiscal year, information about capacity charges. These reports have
been available in the City Clerk's office for public review since December 1, 2003.
Page 2, Item
Meeting Date 12/16/2003
The City of Chula Vista has several types of Development Impact Fees, Parkland Acquisition and
Development fees, and Trunk Sewer Capital Reserve fees, which were assessed during the fiscal
year, ended June 30, 2003. The major categories of DIFs are for transportation, traffic signal,
park, drainage, sewer and public facilities. The Transportation DIF was increased in August
2002 from $6,240 to $8,180 per single family equivalent dwelling unit (EDU). The Traffic
Signal fee, last updated in November 2001, was increased by Council in October 2002 from $23
to $23.72 per average daily vehicle trip to account for inflation. The Pumped Sewer DIF was
reduced in January 2003 from $560 to $180 per EDU due to the infrastructure project coming to
a close. The Otay Ranch Villages 1, 5 & 6 DIF fee was increased in January 2003 from $545 to
$783 per EDU due to the addition of a pedestrian bridge in Village 6. A new Otay Ranch Village
11 DIF was adopted to provide the necessary financing for four new pedestrian bridges in Village
11. The new fee was established at $827 per EDU. The Public Facilities DIF fees were
increased in November 2002 from $4,888 to $5,048 per single family dwelling unit. Other
existing DIFs remained at the same rate as the previous year.
DEVELOPMENT IMPACT FEES
TRANSPORTATION DEVELOPMENT IMPACT FEE
This fee was adopted by the City to finance and coordinate the construction of new transportation
facilities so that streets are built when needed. This fee is applicable to all new development east
of 1-805. Prior to the program, streets were built by developers in a fragmented fashion with 6-
lane facilities, necking down to 2-lanes and expanding back to 6 lanes again. In addition, there
was a fairness issue since some developers fronted on large streets and others did not. Now all
developers in the Eastern portion of Chula Vista pay the same fee per dwelling unit and either the
City constructs the street or a developer does, using the cost to offset the TransDIF fee at the
building permit stage. The fee for FY03 was $8,180 per equivalent dwelling unit. The fees for
other land use types, as well as detailed FY03 financial information, are presented in Attachment
A - Schedule 1.
EASTLAKEPARKDEVELOPMENTIMPACTFEE
This fee was adopted by the City to finance the construction of a park facility in the Eastlake
area. The loan to Eastlake Development Corporation was repaid on November 11, 2002 and was
transferred to the new component of Public Facilities DIF, Recreation DIF. Detailed FY03
financial information is presented in Attachment A - Schedule 2.
Page 3, Item [~-
Meeting Date 12/16/2003
TRAFFIC SIGNAL FEE
This fee was adopted to provide for the projected traffic signal needs of thc City that result fi.om
increases in traffic volume caused by development. As funds are accumulated they are expended
on traffic signal projects. This is a citywide fee with a FY03 rate of $23.72 per trip generated.
Detailed FY03 financial information is presented in Attachment A - Schedule 3.
TELEGRAPH CANYON DRAINAGE DIF
This fee is applicable to all new development within thc Telegraph Canyon Drainage Basin and
has remained unchanged since 1998. Detailed FY03 financial information is presented in
Attachment A - Schedule 4.
INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE
This fee was adopted by the City to finance transportation facilities in the Eastern Territories that
would be needed to provide adequate and safe transportation facilities if there are delays in the
construction of State Route (SR) 125 by CALTRANS or others. The fee in FY03 was unchanged
fi'om the previous year, remaining at $820 per EDU. Detailed FY03 financial information is
presented in Attachment A - Schedule 5.
TELEGRAPH CANYON GRAVITY SEWER DIF
This fee is for the expansion of the trunk sewer within the basin for tributary properties. Thc fee
has remained unchanged at $216.50 per EDU since 1998. Detailed FY03 financial information is
presented in Attachment A - Schedule 6.
PUMPED SEWER DIF
This fee was adopted by the City to finance the facilities necessary to provide sewer service to
developments within the pumped flow basin. Thc name was changed from Telegraph Canyon
Sewer Pumped Flows Development Impact Fcc to Pumped Sewer Development Impact Fee due
to the addition of Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by this
fee. The FY03 fee was reduced from $560 to $180 per EDU, amended by Ordinance #2885.
Detailed FY03 financial information is presented in Attachment A - Schedule 6.
SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct thc Salt Creek Interceptor.
This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin
Page 4, Item 1~
Meeting Date 12/16/2003
north of the Salt Creek Sewer Basin, and a portion of the Lower Otay Lake Basin east of the Salt
Creek Sewer Basin. The fee in FY03 was $284 per EDU, has remained tmchanged since 1994.
Detailed FY03 financial information is presented in Attachment A - Schedule 6.
POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct a tnmk sewer in the Poggi
Canyon Sewer Basin from a proposed regional trunk sewer west of 1-805 along Olympic
Parkway to the botmdary of Eastlake. The fee was established at $400 per equivalent dwelling
unit and has remained unchanged since 1997. Detailed FY03 financial information is presented
in Attachment A- Schedule 6.
OTAY RANCH VILLAGE 1, 5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT
FEE
This fee was adopted to provide the necessary financing to construct the facilities. The fee was
established at $545 per EDU, and was increased to $783 in January 2003 due to the addition of a
fourth bridge on La Media Road between Village 6 and 2. Detailed FY03 financial information
is presented in Attachment A - Schedule 7.
OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
This new fee was adopted to provide the necessary financing to construct four pedestrian bridges
in Otay Ranch Village 11. The fee was established at $827 per EDU. Detailed FY03 financial
information is presented in Attachment A - Schedule 7.
PUBLIC FACILITIES DIF
The Public Facilities DIF is a citywide fee with several components levied to fund that portion of
public facilities projects attributable to new development. The total fee for all components is
$5,048 per EDU in FY03. Detailed FY03 financial information is presented in Attachment B -
Schedules 1 and 2. The components of the Public Facilities DIF with the current fees are as
follows:
ADMINISTRATION ($139) - Administration of the Public Facilities DIF program,
overseeing of expenditures and revenues collected, preparation of updates, calculation of
costs, etc.
CIVIC CENTER EXPANSION ($1,089) - Expansion of the Civic Center per the Civic
Center Master Plan 1989 to provide sufficient building space and parking due to growth
Page 5, Item ~;~-
Meeting Date 12/16/2003
and development. The Civic Center Master Plan was updated in July 2001 to include the
Otay Ranch impacts.
POLICE FACILITY ($804) - Accommodation of the building space needs per the Civic
Center Master Plan, which included construction of a new police facility, interim office
improvements, upgrading of the communications center and installation of new
communication consoles. Also included is the purchase and installation of a new
computer aided dispatch system (CAD), a new Police Records Management System, and
new Mobile Data Terminals.
CORPORATION YARD RELOCATION ($706) - Relocation of the City's existing
Public Works Center from the bay front area to the more centrally located former
SDG&E site on Maxwell Road.
LIBRARIES ($753) - Improvements include construction of the South Chula Vista
library and Eastern Terrtofies libraries, and installation of a new automated library
system. This component is based on the updated Library Master Plan.
FIRE SUPPRESSION SYSTEM ($450) - Projects include the relocation of Fire
Stations//3 &//4, construction ora tim training tower and classroom, purchase of a brush
rig, installation of a radio communications tower and construction of Fire Stations//6 and
//7. This fee also reflects the updated Fire Station Master Plan, which includes needs
associated with the Otay Ranch.
GEOGRAPHIC INFORMATION SYSTEM ($9) - Purchase and installation of a GIS
system for mapping of various base maps and creation of geo-data files to aid in planning
and processing of land developments. This is a joint impetus project, with both a City
and new development share.
MAINFRAME COMPUTER ($6) - Purchase and installation of a new mainframe
computer and various enhancements to meet existing and furore needs, Citywide for
additional memory and storage space and enhanced processing speed.
TELEPHONE SYSTEM UPGRADE ($5) - Upgrading and expansion of the City's
existing telephone system to accommodate growth, including installation of new conduit,
wiring additional telephone lines, and a voice processing system.
RECORDS MANAGEMENT SYSTEM ($8) - Updating and modernization of the
existing Citywide records system to prepare for anticipated increases in transactions and
volumes of records.
Page 6, Item t~
Meeting Date 12/16/2003
RECREATION ($1,079) - New component adopted in November 2002 to build major
recreation facilities created by new development such as conummity centers,
gymnasiums, swimming pools, and senior/teen centers, required due to new development.
Although the majority of project costs are to be borne by new development, it is important to
note that various components or specific projects within a component contain both a City and
new development cost share. The City share often reflects "joint impetus" projects, which are
necessitated by both growth and non-growth factors and/or the City's obligation to correct pre-
existing space/equipment deficiencies. The PFDIF fees only relate to new development's cost
share for each component.
PARKLAND AQUISITION AND DEVELOPMENT (PAD) FEES
This in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to
construct parks and recreational facilities. Detailed FY03 financial information is presented on
Attachment C.
TRUNK SEWER CAPITAL RESERVE FEES
This fee was established to pay all or part of the cost and expense to enlarge sewer facilities of
the City so as to enhance efficiency of utilization and/or adequacy of capacity. Detailed FY03
financial information is presented on Attachment D.
FY03 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 7 reports thc required financial information for all D/Fs other
than public facilities. Attachment B, Schedules 1 and 2 reports the required financial information
for the Public Facilities DIF and its components. Attachment C reports the required financial
information for the PAD fees. Attachment D reports the required information for the Trunk
Sewer Capital Reserve fees. The schedules contain the following items:
· The beginning balances as of July 1, 2002.
· The fees received during the fiscal year ended June 30, 2003.
· Other miscellaneous revenues received during the fiscal year ended June 30, 2003.
· The interest earned from investing the cash balances available in each fund during the
fiscal year ended June 30, 2003.
· The expenditures from each of the funds during the fiscal year ended June 30, 2003.
· A description of each capital project with expenditures funded entirely or in part by
DIF/PAD/Trunk Sewer in FY03 and the percentage of the project funded by this fee
through FY03. More detailed information on any project is available in the annual Capital
Page 7, Item
Meeting Date 12/16/2003
Improvement Project (CIP) Budget.
Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during
FY03.
The ending balances as of June 30, 2003 for each of the DIF/PAD/Trunk Sewer Capital
Reserve Funds.
· The amount, description and purpose of the fee.
· An identification of an approximate date by which the construction of the public
improvement will commence.
The ending balances as of June 30, 2003 are in the process of being audited as part of the audit of
citywide financial statements, and are therefore subject to adjustment.
FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS
Government Code Section 66001(d) requires the local agency to make findings every five years
with respect to any portion of the D]F fees remaining unexpended to identify the purpose for
which it was charged. This year the City has elected to make such findings for any funds
remaining unexpended for five or more years. The following project has fees, which were
collected five or more years ago, which remain unexpended and is listed to satisfy Section
66001 (d) of the Government Code.
a. Eastlake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned is still needed for park facilities. Per
Council approval and a request from the Eastlake Development Co. for their cash flow needs,
the funds are on loan to Eastlake Development Company. The loan was repaid on November
11, 2002 and was transferred to the Recreation component of PFD]F.
No other DIF or PAD funds contain monies that have been on deposit for five or more years.
Copies of this report were sent to the Ayres Land Company, the Building Industry Association of
San Diego, the Eastlake Development Company, the McMillin Companies, the Otay Ranch
Company, Pacific Bay Homes, Trimark Pacific Homes and Brookfield Homes.
FISCAL IMPACT:
With findings that identify the continued need for the unexpended and/or committed or
uncommitted fees, the City retains the fees for future projects. Without findings that the
unexpended funds are still needed for the projects, the City would be obligated to refund the
$818,639 in park funds plus interest accrued that have been held for five or more years pursuant
Page 8, Item 1~
Meeting Date 12/16/2003
to State Government Code Section 66000. The loss of the funds would jeopardize the Eastlake
Park Agreement and the future EastLake gymnasium.
Attachment A - Schedules 1 through 7:FY03 Financial Information for all DIFs except Public
Facilities DIF
Attachment B - Schedules 1 & 2:FY03 Financial Information for Public Facilities DIF
Attachment C - FY03 Financial Information for PAD fees
Attachment D - FY03 Financial Information for Tnmk Sewer Capital Reserve fees
0
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPT THE REPORT AND APPROVE THE FINDING
THAT THE UNEXPENDED PAD FUNDS ARE STILL NEEDED TO
PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE
FEES WERE COLLECTED
WHEREAS, state law requires local agencies assessing Development Impact Fees
("DIF") and capacity charges to make available specified financial data to the public each fiscal
year; and
WHEREAS these reports have been available in the City Clerk's Office for public review
since December 1, 2003; and
WHEREAS, it is also required that the local agency review this information at a public
meeting; and
WHEREAS, local agencies are also required to make available to the public, within 180
days after the last day of each fiscal year, information about capacity charges; and
WHEREAS, Government Code Section 66001(d) requires the local agency to make
findings every five years with respect to any portion of the DIF fees remaining unexpended to
identify the purpose for which it was charged.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista
does hereby make findings that the unexpended funds in the Parkland Acquisition and
Development (PAD) fee fund are still needed to provide construction of facilities for which the
fees were collected for the following projects:
Eastlake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned is still needed for park facilities.
Per Council approval and a request from the Eastlake Development Co. for their cash flow
needs, the funds are on loan to Eastlake Development Company. The loan was repaid on
November 11, 2002 and was transferred to the Recreation component of PFDIF.
No other DIF or PAD funds contain monies that have been on deposit for five or more
years.
BE IT FURTHER RESOLVED that the staff report and all exhibits are hereby
incorporated into the record of these proceedings.
Presented by Approved as to form by
Director of Finance City Attorney
Clifford Swanson
Director of Engineering
J:Attomey/Reso/Finance/DIF PAD
COUNCIL AGENDA STATEMENT
Item: I_~
Meeting Date: 12/16103
ITEM TITLE: Resolution approving the agreement with South Bay Volkswagen
for the donation of a Volkswagen Beetle to the City's Library
Department for use as a "South Bay Book Bug" to promote awareness
about the Department and its programs
SUBMITTED BY: Assistant City Manager Palmer~~/
REVIEWED BY: City Manager{~(~ ~ ( (4/Sths Vote: YES ----,- NO X )
During the past year, South Bay Volkswagen and the Library Department have completed a successful
pilot partnership with the "South Bay Book Bug." The dealership donated a Volkswagen Beetle and
accompanying materials to the Department for the year, and the Library used the "South Bay Book Bug"
to promote awareness about the Department and its programs. In return, South Bay Volkswagen
received recognition as the "South Bay Book Bug" sponsor. Staff recommends approval of a new
agreement with the dealership for another year with two one-year extension options.
STAFF RECOMMENDATION: That Council adopt the resolution approving the agreement with
South Bay Volkswagen for the donation of a Volkswagen Beetle to the City's Library Department for
continuing use as the "South Bay Book Bug" to promote awareness about the Department and its
programs.
BOARD/COMMISSION RECOMMENDATION: At their meeting of December 3, 2004, the
Library Board of Trustees voted to eedome renewal of this contract.
DISCUSSION:
In mid-2002 the owner of South Bay Volkswagen approached Library staff about his interest in
promoting reading and libraries, and offered to donate a Volkswagen Bcctle to the Library for its use for
approximately one year, through December 19, 2003. When the contract was approved by Council,
South Bay Volkswagen was recognized for providing a wonderful opportunity for the Library to
promote the joy of reading and literacy as well as its programs, in exchange for receiving recognition as
a partner of the Library and Book Bug sponsor.
After this pilot program began, a bright yellow Volkswagen Beetle was decorated with a colorful,
custom-designed d6cor that highlights the Library logo, City logo, South Bay VW logo, Web site
addresses of the City and South Bay VW, and book/reading images. After the custom-d6cor was
completed the Book Bug and its partnering agencies received publicity in the San Diego Union-Tribune,
Chula Vista Star-News and other press. The Book Bug and its partners also were featured in Spotlight,
the citywide newsletter; City News, an employee newsletter; and Book Page, a monthly publication
about new books and Library news.
Page 2, Item t~
Meeting Date 12/16/03
The Book Bug was very effective in attracting attention for the City, Library and South Bay VW when
it appeared at a wide variety of special events throughout the year including the Starlight Yule Parade
(December), Taste of the Arts (April), Day of the Child (April), Chula Vista Day at the San Diego
County Fair in Del Mar (June), Historic Home Tour (June), Lemon Festival (August), Library's
Summer Reading Carnival (August), Celebrate Chula Vista (September) and more. In addition, the
Book Bug received exposure around the community for the Library and South Bay VW when it was
used every week by Library staff to attend meetings, deliver materials to other branches and visit
schools. Numerous promotional materials were created for the Book Bug including magnets,
bookmarks and T-shirts, and the Book Bug was included in a coloring book created to promote the
Library and its Literacy Team. Additionally the graphic icon created for the Book Bug was used on
more than 1,200 T-shirts that were awarded to children and teens that read more than 50 books each
during the Library's Summer Reading Program.
Attached, as Attachment "A", is the proposed new agreement between the dealership and the City. Some
of the key features of the agreement are listed below.
South Bay Volkswagen agrees to:
· Maintain the Book Bug's custom-developed decor, which includes colorful images of the
Library logo, City logo, South Bay VW logo, Web site addresses of the City and South Bay
VW, and book/reading images.
· Use the graphic icon created for the Book Bug on all South Bay Book Bug Program
promotional materials and other materials as determined by the Library, as approved by the
city.
· Produce and provide City-approved promotional materials, including 5,000 black and white
copies of "The Adventures of the Book Bug", an up-to~12 page illustrated coloring book for
children to be written by the Library; stickers; key chains; and bookmarks that carry the Book
Bug graphic icon, Library logo, City logo, and South Bay VW logo.
· Develop an ongoing media relations program administered by South Bay VW's advertising firm
or staff, as approved by the City, to promote awareness of the Library, South Bay VW and Book
Bug program. Media relations program may include press kits, press releases, and photos for
electronic and print media.
· Make any repairs to the Book Bug, except those caused by normal wear and tear, since the
Book Bug is under manufacturer's warranty.
· Provide routine service for the vehicle over the term of the Agreement, including the cost of oil
and lubrication.
The City agrees to:
· Recognize South Bay VW as a partner of the Library and the Book Bug sponsor on the Library
website, pertinent signs at events or within libraries, promotional materials, and handouts at
Library events featuring the Book Bug, as determined by the Library.
Page 3, Item I ~
Meeting Date 12/16/03
· Use the Book Bug for Library-related business only, including allowing the Friends of the
Library to use the vehicle for the Homebound program, and pick up or delivery of donated
books.
· Provide link from the Library Web site to the Book Bug page of the South Bay VW Web site.
· Offer dealership the opportunity to have fact sheets about the Volkswagen Beetle, informational
sheets about South Bay VW's location, hours, types of vehicles sold by dealer, and staff
representation from dealership to answer questions about the fact sheets or informational sheets,
whenever the Book Bug is out at Library or City events, subject to Library's approval.
· Provide opportunity for South Bay VW staff to attend special story times to read to children,
when the Book Bug is present.
· Implement South Bay Book Bug program, with Book Bug made available at a number of events
including Starlight Yule Parade, Taste of the Arts, Lemon Festival and Day of the Child.
· Assume responsibility for the care, custody and control of the Book Bug, subject to the same
roles and regulations and restrictions of City-owned vehicles, including no smoking in the
vehicle.
· Provide a letter to South Bay VW stating that the City is self-insured, and that the City will pay
for repairs to the Book Bug caused by an accident or other damage not caused by normal wear
and tear.
Abide by all maintenance standards set by South Bay VW for the Book Bug, as approved by the
City's Fleet Manager.
Participation in this partnership with South Bay Volkswagen is in keeping with established goals in the
Library's Strategic Plan 2002-2006 to "Continue to enter into partnerships to integrate library service
into the Chula Vista community", "Commit to making marketing and communications a priority",
"Increase the visibility and community awareness of the library, its services, programs and funding
needs", and "Consider collaborative opportunities to improve or meet library goals and contain costs, if
possible."
FISCAL IMPACT:
The Library will absorb the cost of gasoline in its operating budget, which should not exceed $500 for
the remainder of the fiscal year. South Bay Volkswagen is paying for the regular maintenance of the
Book Bug. As part of the agreement, the City will pay any costs for extraordinary wear and tear or
repairs not covered under the manufacturer's warranty. The Library does not expect to incur such costs.
Attachment A -Agreement between the City and South Bay Volkswagen
THE ATTACHED AGREEMENT HAS BEEN P._EV~EWED
AND APPROVED AS TO FORM BY THE CITY
ATTOP~NTY'S OFFICE AND *VILL BE
FOR2viALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated: 12/3/03
AGREEMENT WITH SOUTH BAY VOLKSWAGEN FOR THE DONATION OF A
VOLKSWAGEN BEETLE TO THE CITY'S LIBRARY DEPARTMENT FOR USE
AS A "SOUTH BAY BOOK BUG"
Attachment "A"
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA
AND
SOUTH BAY VOLKSWAGEN
THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation
(hereinafter "City"), and South Bay Volkswagen (hereinafter "South Bay VW") for the donation of
a Volkswagen Beetle by South Bay VW to the City's Library Department (hereinafter "Library")
for use as a "South Bay Book Bug" (hereinafter "Book Bug") to promote awareness about the
Library and its programs, for the term of December 19, 2003, to December 31, 2004.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
I, RESPONSIBILITIES OF SOUTH BAY VOLKSWAGEN
1. Provide one fully functioning Volkswagen Beetle ("Bug") to the Library for the term of
the Agreement for its exclusive use and management, with the City as the registered
owner and South Bay VVV as the legal owner.
2. Maintain, as needed, the Book Bug's custom-developed decor, which includes colorful
images of the Library logo, City logo, South Bay VVV logo, website addresses of the City
and South Bay VW, and book/reading images. (This custom-developed d~cor was
applied during the term of the previous agreement at a cost of $3,500 for the partial-body
wrap, with South Bay VW contributing $1,750 and the City contributing $1,750.).
3. Use the graphic icon created for the Book Bug on all South Bay Book Bug promotional
materials, and other materials as determined by the Library, as approved by the City.
4. Produce and provide City-approved promotional materials, which may include 5,000
black and white copies of "The Adventures of the Book Bug," an up-to-12-page
illustrated coloring book for children that will be written by the Library, estimated to cost
$3,000 (which includes crayons); stickers; key chains; and bookmarks that carry the
Book Bug graphic icon, Library logo, City logo, and South Ray VW logo. The City will
contribute up to $1,250 toward the cost of producing the coloring book. The stickers and
key chains may be produced at a later date, with the City and South Bay VVV mutually
agreeing upon the number and the cost.
5. Provide information about the Book Bug on the South Bay VW website as well as a
link to the Library wabsite.
6. Provide information about the Book Bug and the Book Bug program in the dealership
location.
7. Make any repairs to the Book Bug, except those caused by normal wear and tear,
since the Book Bug is under manufacturer's warranty.
8. Provide routine service for the vehicle over the term of the Agreement, including the
cost of oil and lubrication.
9. Keep registration and license current for the Book Bug, with City paying cost of
registration and license plate.
10. Develop an ongoing media relations program administered by South Bay VW's
advertising firm or staff, as approved by the City, to promote awareness of the Library,
South Bay VVV, and Book Bug program. Media relations program may include press kits,
press releases, and photos to electronic and print media.
II. RESPONSIBILITIES OF CITY OF CHULA VISTA
1. Maintain, license and insure Book Bug.
2. Assume responsibility for the care, custody and control of the Book Bug, subject to the
same rules and regulations and restrictions of City-owned vehicles, including no smoking
in the vehicle.
3. Provide a letter to South Bay VVV stating that the City is self-insured, and that the City
will pay for repairs to the Book Bug caused by an accident or other damage not caused
by normal wear and tear.
4. Assume the cost of gasoline and washing of the Book Bug.
5. Abide by all maintenance standards set by South Bay VVV for the Book Bug, and as
approved by the City's Fleet Manager. Damages resulting from failure to properly
maintain the Book Bug in accordance with the maintenance guidelines of the
manufacturer could be the responsibility of the City.
6. Service the Book Bug at South Bay VVV's repair facility, except for emergencies, at
which time the City will take the vehicle to the nearest authorized Volkswagen dealer, if
feasible.
7. Compensate South Bay VVV for the dollar amount attributed to extraordinary wear on
the Book Bug that exceeds what may be established as normal wear and tear, as
determined by auto industry standards, subject to approval by the City's Fleet Manager
regarding the dollar amount and extent of extraordinary wear. Any disagreement on the
cost of such repair will be resolved by having the vehicle appraised by a qualified
appraiser. If after appraisal there is still dispute regarding the dollar amount, the parties
agree to submit the matter to arbitration.
Page- 2- '~ ~
8. Recognize South Bay VVV as a partner of the Library as the Book Bug sponsor on the
Library website, pertinent signs at events or within libraries, promotional materials, and
handouts at Library events featuring the Book Bug, as determined by the Library. The
form of recognition may include bookmarks, magnets and other items with the Book Bug
icon, as produced and provided by South Bay VVV, applied to said items.
9. Use the Book Bug for Library-related business only.
10. Provide link from the Library website to the Book Bug page of the South Bay VVV
web site.
11. Offer dealership the opportunity to have fact sheets about the Volkswagen Beetle,
informational sheets about South Bay VVV's location, hours, types of vehicles sold by
dealer, and staff representation from dealership to answer questions about the fact
sheets or informational sheets, whenever the Book Bug is out at Library or City events,
subject to Library's approval.
12. Provide opportunity for South Bay VVV staff to attend special story times to read to
children, when the Book Bug is present.
13. Check out the Book Bug to the Fdends of the Library volunteers for use on Library-
related business, such as Homebound program, and pick up or delivery of donated
books,
14. Implement South Bay Book Bug program, with Book Bug made available at the
events shown in Exhibit A.
III. CHARITABLE DEDUCTION FOR SOUTH BAY VW
South Bay VVV may be entitled to take as a charitable deduction the difference between the
dollar amount it is costing South Bay ~ to provide the Book Bug to the Library and the cost of
leasing the same vehicle at a fair market value. The Library will certify as to the benefits derived
from the use of the vehicle at South Bay V~V's request.
IV. TERM/TERMINATION
The term of this Agreement shall commence on December 19, 2003, and continue through
December 31, 2004. Either party upon sixty- (60) day advance written notice may terminate this
Agreement. If mutually agreed upon in writing by the City and South Bay VVV, this contract may
be extended for two one-year terms.
V.. HOLD HARMLESS IINDEMNIFICATION
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) adsing out of the performance of this Agreement by
the parties, their agents, employees, subcontractors or others, except for only those claims
adsing 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.
Page-3- /~ 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
indicated in the terms of the Agreement.
Dated: ,200_
THE CITY OF CHULAVISTA SOUTH BAY VOLKSWAGEN
Stephen C. Padilla, Mayor Rudy Erm, Owner
Approved as to form by:
Ann Moore, City Attomey
Page-4 ~
Exhibit A
South Bay VW Book Bug
1. Events featuring Book Bug as part of City/Library promotion · Take Your Kids To Work Day (Apdl)
Taste of the Arts (April)
· Day of the Child (April)
· San Diego County Fair-Del Mar (June)
· Summer Reading Club Carnival (August)
· Celebrate Chula Vista (September)
· Arturo Barrios Race (October)
· Yule Parade (December)
2. Library Coloring Book--"Adventures of the Book Bug"
· Library will write text, coordinate graphics & handle printing
· Coloring book will be approximately 12 pages featuring pictures and text
Target age group---pre-school to 3'~ grade
Atdp through the South Bay to see the main attractions with the Book Bug:
-Three library branches (Civic Center, South, EastLake)
-South Bay VW
-CV Nature Center
-Olympic Training Center
-Knott's Soak City, U.S.A.
-CV Marina/Harbor
-Fire Station
-School
-Park
Page- 5-
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT WITH SOUTH
BAY VOLKSWAGEN FOR THE DONATION OF A
VOLKSWAGEN BEETLE TO THE CITY'S LIBRARY
DEPARTMENT FOR USE AS A "SOUTH BAY BOOK BUG" TO
PROMOTE AWARENESS ABOUT THE DEPARTMENT AND
ITS PROGRAMS
WHEREAS, during the past year, South Bay Volkswagen and the Library Department have
completed a successful pilot partnership with the "South Bay Book Bug"; and
WHEREAS, the dealership donated a Volkswagen Beetle and accompanying materials to the
Department for the year, and the Library used the "South Bay Book Bug" to promote awareness
about the Department and its programs; and
WHEREAS, in return, South Bay Volkswagen received recognition as the "South Bay Book
Bug" sponsor; and
WHEREAS, staff recommends approval of a new agreement with the dealership for another
year with two one-year extension options.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the agreement with South Bay Volkswagen for the donation ora Volkswagen Beetle
to the City's Library Department for use as a "South Bay Book Bug" to promote awareness about the
Library Department and its programs.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
David Palmer Ann Moore
Assistant City Manager City Attorney
J:LattomeyXreso~agreements\South Bay Book Bug Agt
CITY COUNCIL AGENDA STATEMENT
Item: 14
Meeting Date: 12/16/03
ITEM TITLED: PUBLIC HEARING: Consideration of a Conditional Use Permit to allow
the construction and operation of the Bonita Branch County Library and
Historical Museum/Public Safety Center, located on the north side of Bonita
Road, west of the Chula Vista Municipal Golf Course Clubhouse.
RESOLUTION: approving an agreement between the City of Chula Vista
and County of San Diego for the lease of approximately 1.55 acres oftand for
the construction and operation of the Bonita Branch County Library and
Historical Museum / Public Safety Center, and appropriate funds therefore.
RESOLUTION: approving an agreement between the City o f Chula Vista
and Bonita Center, LLC, regarding construction of improvements related to
the Bonita Branch County Library and Historical Museum / Public Safety
Center, and appropriate funds therefore..
RESOLUTION: granting a Conditional Use Permit to allow construction
and operation of the Bonita Branch County Library and Historical Museum
/ Public Safety Center, located on the north side of Bonita Road, west of the
Chula Vista Municipal Golf Coursei~b. house.
SUBMITTED BY: Director of Pla~ and Building f'~
REVIEWED BY: City Manager ~ · (4/Sths Vote: Yes X No )
(Resolutions A and B)
The City currently owns a vacant pamel located on Bonita Road adjacent to and west of Chula Vista
Municipal Golf Course parking lot. (See Locator Map). The County approached the City with the
idea of leasing a portion of that vacant lot to construct the San Diego County Library Bonita
Branch and Historical Museum/Public Safety Center. The City and County entered into a non-
binding Letter of Intent in March 2003 declaring their intention to pursue locating a branch County
library on this site.
Since March, staff has been working with the County to negotiate the terms of the lease and process
the entitlements for the project. On December 9, 2003 the County Board of Supervisors approved the
ground lease agreement, the Mitigated Negative Declaration and authorized County staff to proceed
with negotiating professional design and engineering service contracts.
Presented this evening for Council consideration is the lease agreement between the City and County
and an agreement, in substantially final form, between the City and Bonita Centre, LLC providing
for a $75,000 contribution from the Bonita Centre, LLC to the cost of construction of some roadway
Page No. 2, Item: I z~
Meeting Date: 12/16/03
improvements and signalization at the realigned entrance to the City parcel, Chula Vista Municipal
Golf Course, and shopping center across the street.
The County of San Diego Department of General Services (Applicant) has submitted an application
requesting approval ora Conditional Use Permit to construct and operate a branch public library and
community meeting room, a historical museum/public safety center, and an associated parking lot.
Because the proposed uses are classified as Public / Quasi Public and Museum uses, they require
approval ora Conditional Use Permit by the City Council pursuant to Section 19.38.020(J) and Chapter
19.45 of the Chula Vista Municipal Code.
ENVIRONMENTAL IMPACT:
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in the previously adopted Mitigated Negative Declaration for the Bonita/Sunnyside
Brach Library, Project Number KL9540 (adopted December 9, 2003, by the County of San Diego
Board of Supervisors, the lead agency for this project under CEQA). Thus, no further environmental
review or documentation is necessary (see Attachment B).
RECOMMENDATION:
Adopt the attached Resolution approving the proposed the ground lease between the City and
County, and appropriating funds therefore; the Traffic Signal Installation agreement, in substantially
final form, between the City and Bonita Centre, LLC and appropriating funds therefore; and the
Conditional Use Permit in accordance with the findings and subject to the conditions contained
therein.
BOARDS AND COMMISSIONS RECOMMENDATION:
On December 10, 2003, the Planning Commission voted unanimously (6-0-1-0) to recommend
approval of this item.
PUBLIC INPUT:
Prior to filing of the Conditional Use Permit application, the Applicant held a series of four public
meetings to obtain input from the community on the project. According to the Applicant, the public
gave input regarding the desired library services and accessory uses of the site, such as the museum,
public meeting facility, and public safety center. Issues such as traffic, the pedestrian/equestrian trail,
and golf course parking were also discussed. In the Applicant's opinion, the project was well
received, and the community's input was helpful in determining final uses and design for the project.
DISCUSSION:
Page No. 3, Item: ~2~
Meeting Date: 12/16/03
DISCUSSION:
Existing Site Characteristics:
The proposed library and historical museum will be located on a 65,883 square foot (1.55 acre)
portion of vacant City owned land located immediately adjacent to and west o£the Chula Vista
Municipal Golf Course at 4475 Bonita Road. The site is located on the north side of Bonita Road,
west of the existing golf course parking lot, and northwest of the intersection of Bonita Road and
Otay Lakes Road (see Loeator). The site is presently vacant, level and is used for overflow parking
for the golf course, and by trail users. Because of its proximity approximately 400 feet south of the
Sweetwater River, the property is located in the 100-year floodplain. The existing small, isolated,
low-quality wetland is located along the westem edge of the site, and the 55,955 square foot vacant
portion of City-owned property located east of the library site are not a part of the area leased to
County (see Site plan, Attachment C-l).
Zoning and Land Use:
General Plan CV Municipal Code Existing Land Use
Zoning
Site Visitor Commercial Visitor Commercial Vacant
(cw)
North Parks and Agricultural (AD) Municipal Golf
Recreation Course, existing
pedestrian trail
South Commercial Retail Central Commercial Von's commercial
(across Bonita Rd) (CCD) center
East Parks and Agricultural (AD) Golf Course Parking
Recreation Lot
West Medium High Apartment Existing Apartments
Residential Residential (R-3GD)
(11-18 du/ac)
Project Description:
The County of San Diego Bonita/Suunyside Branch Library and Historical Museum will include
two buildings on the same site. The branch library building will be 10,050 square feet in size, 1-
story, and 35 feet high, and will include an 8,000 square foot library and community meeting room.
The second building will include a 4,400 square foot museum and volunteer public safety center.
Outdoor areas include two outdoor patios to the rear of the library, and a 56 space parking lot and a
new dhveway and traffic signal on the southeast side of the library. The project also includes wall
signage placed on a tower element and a monument sign at the entry to the site adjacent to Bonita
Road.
Page No. 4, Item: I ~-
Meeting Date: 12/16/03
Analysis:
Lease:
Pursuant to the Letter of Intent between the County and City, staff has negotiated a long-term ground
lease for the site (Attachment D). The lease is for a term of 50 years, commencing January 1, 2004,
with one 1 O-year extension option. The Lease requires the County to construct an approximately
10,000 square foot library (including 2000 square feet of community meeting space) and an
approximately 4,400 square foot museum (including 400 square feet of public safety space). The
County will pay annual rent of $1 and will be responsible for all utilities, services required for
operation of the facility, and all maintenance of their leasehold. The lease also includes indemnity
and insurance provisions to protect the City against all claims including those resulting from the
proximity of the facility to the Chula Vista Municipal Golf Course.
Conditional Use Permit:
The library and museum will operate 7 days a week. The hours of operation of the library will be
limited to Mondays through Fridays, 10 am to 9 pm, and Saturdays and Sundays, 9 am to 5 pm. The
Community Room and Museum public spaces hours of operation shall be limited to Mondays
through Fridays, 10 am to 10 pm, and Saturdays and Sundays 9 am to 10 pm.
There will typically be 6-7 library employees and 1-3 museum employees on duty at one time, for a
maximum of 10 employees working at one time. The hours of operation are similar to adjacent
commercial and recreational uses. Most of the library's active areas such as the entry, parking lot and
children's patio will be located on the east side of the site and screened from adjacent residential
area. Thus, the library use will be compatible with those of the adjacent uses.
Access:
The site location is desirable for provision of public services because the site is in a highly
visible and conveniently accessible location near the intersection of Bonita Road and Otay Lakes
Road, which is one of the main intersections in the area.
A traffic study was performed by the applicant, which showed that the project generates a total of
565 average daily automobile trips (ADT), including 29 inbound and 29 outbound trips during the
peak afternoon (P.M.) hour. The traffic generation is low enough that addition of the project traffic
does not alter the performance of Bonita Road or other adjacent streets, and therefore no significant
traffic impact was identified.
Concurrent with construction of the project, the City and County have agreed to close off the current
access drive to the golf course from Bonita Road, and provide a new, signalized driveway, which
will be constructed approximately 125 feet west of the existing driveway, and will align with the
existing access to the shopping center across Bonita Road. The current access will be replaced with
Page No. 5, Item: ~/-~-
Meeting Date: 12/16/03
new curb, gutter and pavement improvements. It will be re-striped to provide additional parking for
the golf course. The new signalized driveway will improve operation of thc intersection by providing
controlled vehicle and pedestrian access to the site, which will ensure that auto and pedestrian traffic
flows smoothly in an out of the site. Although it is not a part of the Library project, also proposed is
a realigned pedestrian/equestrian trail connection for the existing trail. All the improvements will be
constructed by the County, but the City is responsible for financing the cost and ongoing
maintenance of the traffic signal, trail connection, and related drainage improvements.
Staff has had on-going discussions with both American Golf Corporation, the operator of the Golf
Course, and the Bonita Centre, LLC, thc owners of the Von's Shopping Center, regarding
construction of the new driveway, parking lot and traffic signal. American Golf has consented to the
modification of the access drive and re-striping of the existing driveway and has offered their
assistance with screening issues. American Golf has recently expressed a desire to be actively
involved in the project and has offered their assistance in different aspects of the project (see
Attachment F). American Golf will be meeting with City and County staff to discuss
screening/netting to protect from errant golf balls, indemnification issues, and drainage issues.
Thc Traffic Signal Installation agreement between thc City and Bonita Centre, LLC (see Attachment
E) when finalized will memorialize thc Centre's commitment to provide $75,000 towards the cost of
improving and signalizing the intersection. Duc to issues beyond staff's control the agreement could
not be finalized prior to distribution of this agenda statement. Staff will provide an oral report to the
Council meeting on progress to finalize this agreement.
Parking:
Thc City does not utilize specific parking standards for libraries and museums, instead requiring that
parking standards for these uses be established by the Conditional Use Permit or Site Plan approval.
Therefore, thc County parking standards were utilized, resulting in 56 on-site parking spaces, at a
ratio of 1 space per 255 square feet. This exceeds thc amount of parking provided for other recently
constructed County libraries.
Although not a part of the library site covered by the Conditional Use Permit, the City and County
have agreed to pave and provide access to a 55,995 square foot overflow parking lot east of the
library, between the golf course parking lot and the library. This parking lot is estimated to provide
130 improved spaces, which would be used for overflow parking for the golf course and trail users.
The Library and Museum have been strategically located at the west end of the parcel to ensure that
the existing golfcoume facility and future uses of the remaining vacant land owned by the City can
be master planned to function cohesively in the future.
Grading and Drainage:
The project's conceptual grading plan indicates that deposition of 24,000 cubic yards of fill will be
needed to elevate the site 2 feet above the 100-year floodplain to create a flood-f~ee site. Submittal of
Page No. 6, Item: ~-
Meeting Date: 12/16/03
a detailed grading plan, and compliance with the regional N.P.D.E.S. permit, are required as a
conditions of approval of the project. Approval of a detailed grading plan will ensure that the site
will drain properly, that potential flooding will not significantly impact the project or downstream
improvements, and that maintenance of the drainage facilities will be provided. The City has agreed
to contribute funds towards the construction of drainage improvements.
An existing 2,780 square foot isolated, low-quality wetland is located along the western edge of the
library site. To accommodate construction of the library and museum, a small portion of the wetland
would be displaced, the remaining undisturbed wetland would be enhanced, and new, additional
wetlands would be provided. The resulting wetland area will be a total of 3,124 square feet in size, a
net gain of 344 square feet. The preparation of a wetlands restoration and revegetation plan to the
satisfaction of the California Department of Fish and Game, in conjunction with the Streambed
Alteration Agreement, are required by the Mitigated Negative Declaration.
Architecture:
The project requires Design Review approval by the City Zoning Administrator. Approval is
pending completion of the Conditional Use Permit process. Safety improvements such as walls,
window screens, and building projections have been built into the project to minimize potential
safety impacts from the project's adjacency to the golf course.
The project has been reviewed for compliance with the Chula Vista General Plan, Zoning and any
applicable codes and ordinances of the City. The library and museum are permitted in the Visitor
Commercial General Plan designation. Upon approval of a Conditional Use Permit, they are also
permitted in the Visitor Commercial zoning designation. Conditions of approval are included in the
resolution of approval, which ensure that the operation of the project will be in compliance with
applicable codes and ordinances, and will ensure that the project design and operation are
compatible with the surrounding land uses.
CONCLUSION:
This project will provide a significant landmark for the Bonita community. It is an attractive
building in a pleasant setting with a golf course as the back-drop. It is in an ideal location along
Bonita Road, because it is prominent, enabling a positive architectural statement for the community,
and convenient, providing easy access to the community. It is an important building because it will
provide a single destination at which the community will be able to access many different types of
essential information and public services, including library services and technology, educational
programs, historical and cultural information, community events and meetings, and public safety
information and services. For these reasons, staff recommends that the City Council approve the
long term lease of the property to the County and appropriate funds therefore; approve the Traffic
Signal Installation Agreement with the Bonita Centre, LLC and approve funds therefore; and grant
the Conditional Use Permit in accordance with the conditions listed in the attached draft City
Council Resolution.
Page No. 7, Item:
Meeting Date: 12/16/03
FISCAL IMPACT:
The Applicant has paid the cost of processing this Conditional Use Permit. Construction and
operation costs for the library project will also be the responsibility of the applicant. Costs for
certain required improvements and maintenance are specified in the lease agreement with the
Applicant. The City will incur costs of approximately $69,000.00 for grading, $31,000.00 for
drainage improvements, and $150,000.00 for the cost of paving and other related improvements, for
a total of $250,000.00. This expense will be paid for out of the City General Fund. The City will
also contribute $225,000.00 in SLTPP Transportation Partnership Funds (Fund #735) and
$75,000.00 in Traffic Signal Funds (Fund #225) toward the cost of a traffic signal at the main
driveway to the library and associated improvements. This $300,000.00 appropriation will fully fund
the traffic signal and associated improvements until such time as the Traffic Signal Improvement
Agreement is finalized and ftmded by the Bonita Centre, LLC. Upon receipt of funds from the
Bonita Centre, LLC, the SLTPP Transportation Partnership Fund will be reimbursed. There are
currently available un-approphated monies in both funds to meet the costs.
ATTACItMENTS:
A. Planning Commission Minutes
B. Mitigated Negative Declaration
C. Figures
1. Site Plan
2. Floor Plan
3. Elevations
4. Concept Grading Plan
5. Concept Landscape Plan
D Lease Agreement with Applicant
E. Improvement Agreement with Bonita Center
F. American Golf Corporation Letter
G. Ownership Disclosure Form
(h :\planning\richardz\pcc04-27ccreport.doc)
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, December 10, 2003 276 Fourth Avenue, Chula Vista
ROLL CALL/MOTIONS TO EXCUSE:
Present: Castaneda, Madrid, O'Neill, Hall, Cortes, Felber
Absent: Horn
Staff Present: Luis Hernandez, Deputy Planning Director
Richard Zumwalt, Associate Planner
Elizabeth Hull, Deputy City Attorney III
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Castaneda
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: ZAV 03-16; Consideration of a Variance to allow a
carl~ort addition to an existing residence to be located
within the required side yard setback at 520 Glover
Avenue.
Staff recommends that the public hearing be opened and the item continued to January 28,
2004.
MSC (Madrid/Hall) that the public hearing be opened and the item continued to January
28, 2004. Motion carried.
2. PUBLIC HEARING: PCC 03-51; Consideration of a Conditional Use Permit
for an expansion of an existing beer and wine liquor
license to include hard liquor for a retain store located
at 72 East "J" Street.
Staff recommends that the public hearing be opened and the item continued to January 14,
2004.
MSC (Hall/O'Neill) that the public hearing be opened and the item continued to January
14, 2004. Motion carried.
Planning Commission Minutes - 2 - December 10, 2003
3. PUBLIC HEARING: PCC 04-27; Consideration of a Conditional Use Permit
to allow construction and operation of the Bonita
Branch County Library and Historical Museum/Public
Safety Center (County of San Diego Department of
General Services).
Background: Richard Zumwalt, Associate Planner reported that the project site is in the
portion that is located within the City of Chula Vista city limits in Bonita. The library and
museum will be located on a vacant 1.55-acre portion of the Chula Vista Municipal Golf
Course property, which is owned by the City. Currently the site is used for overflow
parking by trail and golf course users. Adjacent to the site is a small isolated Iow-quality
wetland located along the western edge of the property.
The County of San Diego Bonita/Sunnyside Branch Library and Historical Museum will
include two buildings on the same site. The library building will be a one story, 35 foot
high, 9,900 sf building, and will include an 8,000 sf library and community meeting room.
The second building will include a 4,400 sf museum and volunteer public safety center.
Outdoor areas include two outdoor patios in the rear, a trail connection for jogging and
equestrian trail, and a 56-space parking lot on the southeast side of the library.
The library and museum will operate 7 days a week (10 a.m. to 9 p.m. M-F, and 9 a.m. to
5 p.m. Sat.-Sun.).
The current access drive to the golf course from Bonita Road will be closed off and a new
signalized driveway will be constructed approximately 125 feet west of the existing
driveway and will be aligned with the existing access to the shopping center across Bonita
Road.
County standards for museum parking were used because the City does not have specific
parking standards for these uses, therefore, the project will provide 56 on-site parking
spaces in addition to the overflow parking, which is estimated that it can support
approximately 130 spaces.
In conclusion, this project will provide a significant landmark for the Bonita community
and will provide a single destination providing different types of essential information and
public services, technology, education programs, historic and cultural information,
community events, public safety information and services.
Staff Recommendation: That the Planning Commission adopt Resolution PCC 04-27
recommending that the City Council approve the proposed Conditional Use Permit in
accordance with the findings and subject to the conditions contained therein.
Planning Commission Minutes - 3 - December 10, 2003
Commission Discussion:
Cmr. Castaneda inquired if there was going to be any public safety presence from the City
of Chula Vista at the Center. Furthermore, since the jogging trail is moving closer to the
golf course, Cmr. Castaneda inquired if any safety measures, like netting or fencing, been
considered for errant fly balls coming from the golf course.
Mr. Zumwalt responded that staff had originally considered recommending fencing along
the trail, and it is still possible that it be incorporated as a condition of approval.
Ms. Hull further added that the project proposes the type of screening that has been
described, and American Golf has volunteered to provide consulting services to assist in
providing appropriate screening and protection.
Cmr. Hall stated that the proposal is a great use of the property and is more cohesive with
the character of the community, golf course and trail setting, than previous preliminary
proposals that had been considered.
Cmr. Madrid inquired about the construction timeline.
Public Hearing Opened 6:50.
David, Pfiffer, Architect, 2150 W. Washington St., Ste. 303, San Diego, CA responded to
Cmr. Madrid's question and indicated that they anticipate to pull permits in
February/March 04, solicit bids in early Spring, and begin construction shortly thereafter,
with a projected completion of the project within 12 to 15 months after commencement of
construction.
Cmr. Castaneda inquire how the building design was determined.
Mr. Pfiffer responded that four community workshops were conducted and the attendees
(approximately 30 to 50 at each workshop) were asked to fill out a questionnaire; one
specific question asked what type of architectural design was appropriate for this project.
Approximately, 49 to 51 answered they wanted it to be Spanish/Rural, and 49% disagreed
with this recommendation. Therefore, since an architectural survey of Bonita Road
determined that it is very eclectic, a determination was made to use some of the more rural
materials, i.e. stone, wood-siding and colors, mixed with a more contemporary building
design.
Mr. Pfiffer reviewed a Power Point presentation of the project highlights as stated on the
staff report.
Planning Commission Minutes - 4 - December 10, 2003
Pau~ Chellminiak, Consultant Project Manager for the County, 7742 Hershel Avenue, La
Jolla, CA stated that this is the sixth project in a program that the County embarked on
approximately six years ago to build new libraries, and it is the closing of a five year
Capital Improvement Program. As stated earlier, there was extensive citizen participation
in the design and planning of the facility, and the County and City worked very closely in
addressing community issues.
Cmr. O'Neill inquired how wide is the buffer zone along the wetland area.
Mr. Pfiffer responded that it is approximately 25 to 30 feet from the edge of the wetland to
the edge of the building.
Ms. Hull interjected that the County leasehold will not include the wetland area; they are
improving it as part of the project but it will remain on the City property, and are losing
approximately 25-30 feet of the leasehold property as the buffer area.
Nicole Cretelle, representing Supervisor Greg Cox, 1600 Pacific Hwy, Rm. 335, San
Diego, CA offered Supervisor Cox's regrets for not being able to attend tonight's meeting
due to a prior engagement. On behalf of Supervisor Cox, Ms. Cretelle offered his support
for the project and commended County staff, consultants and City of Chula Vista staff for
their outstanding effort in working together in bringing this project to fruition.
Additionally, Ms. Cretelle pointed out in the audience Mr. & Mrs. Scott, who volunteered
countless hours to lead the effort to fund-raise the construction of the museum, which has
also received overwhelming support from the community.
Mr. Robert Scott, 4546 Cresta Verde Lane, Bonita, CA, President of the Bonita Sunnyside
Fire Protection District, stated that he helped raise part of the matching grant money, and
offered his appreciation for the outpouring of support from the community for this project.
Public Hearing Closed 6:55.
Cmr. O'Neill commended Supv. Cox for his commitment and work over the past 8 to 10
years to bring this quality public facility to our community.
Cmr. Cortes also extended his appreciation and thanked Supervisor Cox for championing
this project and having the foresight to bring this project to our community.
MSC (Hall/Felber) (6-0-1-0) that the Planning Commission Adopt Resolution PCC 04-27
recommending that the City Council approve the proposed Conditional Use Permit in
accordance with the findings and subject to the conditions contained therein. Motion
carried. Motion carried.
Planning Commission Minutes - 5 - December 10, 2003
DIRECTOR'S REPORT:
Mr. Hemandez reviewed the upcoming calendar of meetings for January 2004, and
indicated that January 14t" or January 29th are being targeted for a General Plan Update
Joint Planning Commission/City Council workshop.
ADJOURNMENT at 7:00 p.m. to the Planning Commission meeting of December 17, 2003.
__ Diana Vargas, Secretary to Planning Commission
John J. McTighe
Directs' DEPARTMENT OF GENERAL SERVICES
5555 OVERLAND AVENUE, SAN DIEGO, CA 92123-1294
MITIGATED NEGATIVE DECLARATION
Project Name: Bonita/Sunnyside Branch Library
Project Number(s): KL9540
This Document is Considered Draft Until it is Adopted by the Appropriate
County of San Diego Decision-Making Body.
This Mitigated Negative Declaration is comprised of this form along with the
Environmental Initial Study that includes the following:
a. Initial Study Form
d. Traffic Study for the Proposed Project
e. Vernal Pool/Wetland Assessment and Wetland Delineation
f. Cultural Resources Report
g. Soils Study
h. Flood Analysis
1. California Environmental Quality Act Mitigated Negative Declaration Findings:
Find, that this Mitigated Negative Declaration reflects the decision-making body's
independent judgement and analysis; and, that the decision-making body has
reviewed and considered the information contained in this Mitigated Negative
Declaration and the comments received during the public review period; and that
revisions in the project plans or proposals made by or agreed to by the project
applicant would avoid the effects or mitigate the effects to a point where cleady
no significant effects would occur; and, on the basis of the whole record before
the decision-making body (including this Mitigated Negative Declaration) that
there is no substantial evidence that the project as revised will have a significant
effect on the environment.
2. Required Mitigation Measures:
a. Anticipated impacts to 680 square feet of isolated, Iow value wetlands
south of an existing headwall would be mitigated through wetlands
restoration with an increase of the on-site wetlands by 344 square feet
(from 2,780 SF to 3,124 SF). Native wetland species present at the site
and in the nearby Sweetwater River will be utilized for revegetation within
the wetlands area, and indigenous native upland species will be utilized
within the wetlands buffer zone. Specific planting and design details will
be specified to the satisfaction of California Department of Fish and Game
prior to issuance of a Streambed Alteration Agreement for disturbance of
the wetland. The County will be responsible for maintenance and
monitoring of the 'wetland area until the mitigation success criteria have
been met to the satisfaction of the California Department of Fish and
Game, and the Regional Water Quality Control Board.
b. Potential cultural resource impacts due to construction disturbance of on-
site soils shall be mitigated through construction monitoring by a qualified
archaeological monitor following County-approved procedures and
standards. Monitoring shall be implemented to the satisfaction of the
County Department of General Services.
c. Haul trucks used to transport fill soils to the site will only be allowed to
enter or leave the site between the hours of 9:00 a.m. to 3:00 p.m. This
provision shall be monitored and enforced by County personnel.
3. Critical Project Design Elements That Must Become Conditions of Approval:
The following project design elements were either proposed in the project
application or the result of compliance with specific environmental laws and
regulations and were essential in reaching the conclusions within the attached
Environmental Initial Study. While the following are not technically mitigation
measures, their implementation must be assured to avoid potentially sigr~ificant
environmental effects.
a. improvement of library site parking areas to County standards for rural
areas;
b. structural design and engineering in compliance with County building
regulations;
c. compliance with applicable County and City regulations regarding grading
and erosion prevention;
d. compliance with applicable County regulations protecting drainage
courses;
e. compliance with County and City standards and procedures designed to
implement the Regional Water Quality Control Board's Basin Plan,
Surface and Groundwater Objectives;
f. Installation of any exterior library lighting consistent with County and City
of Chula Vista lighting regulations.
g. Installation of parapet noise barriers around HVAC equipment to reduce
peak HVAC noise levels to 60 dBA or less at the nearest residential
property boundary
h. The site shall be graded and maintained such that surface drainage is
directed away from structures, and into the existing drainage swale at the
west side of the site (to be expanded and improved). Prior to construction/
grading of the site, a Notice of Intent (NOI) must be flied with the State
~ Water Resources Control Board (SWRCB) for a General Construction
Storm Water Permit. Once construction is complete, the site owner and/or
facility operator is required to investigate coverage under the General
Industrial Storm Water Permit by contacting the SDRWQCB at 619-467-
2952. In addition, if future uses allowed under the General Impact
Industrial Use Regulations (M54) involve contaminates and/or the planned
discharge of waste to waters of the State or ground/soil, a permit may be
required by the SDRWQCB.
~ i. Prior to the the will relocate the site to
opening
library,
County
access
Bonita Road, so that it lines up with the existing access to the shopping
center south of Bonita Road. The County will also close the existing
Bonita Road access to the golf course parking lot. Concurrently, the City
of Chula Vista will install a traffic signal'at the new intersection, to be in
place prior to opening of the library for public use.
i. If any site contamination is discovered at the site durinq the process of
preconstruction inspection, the County Department of General Services
will follow standard project procedures, as follows. 1) conduct special
testinq of the site to determine the nature and extent of the potential
contamination: 2) if such contamination is documented, request that the
County Department of Environmental Health (DEH) identify and describe
appropriate protocols to be followed; 3) incorporate the protocols
~ developed by DEH into proiect construction documents; and 4) have DEH
provide oversiqht for any remediation efforts.
4. Results of Public Review
No Comments were received during the public input period.
Comments were received but did not address the draft Negative
Declaration finding orthe accuracy/completeness ofthe Initial Study. No
response is necessary. The letters are attached.
X Comments addressing the findings of the draft Negative Declaration
and/or accuracy/completeness of the Initial Study were received during
the public input period. The letters and responses follow.
RESPONSE TO COMMENT LETTER FROM MARY ANN MANN, SWEETWATER
AUTHORITY, DATED NOVEMBER $, 2003
(See Attached Letter Following MND)
In response to comment on Section V.2, the statement in the Initial Study that the
Sweetwater hydrologic subarea is impaired for Coliform bacteria and metals is incorrect,
and has been deleted. This change does not result in any change in anticipated
impacts.
In response to comment on Section V.4, we could not find the statement that "the
project site is not located within an aquifer." We agree that the site is located above an
aquifer in the La Nacion hydrologic subarea, used for municipal, domestic, agricultural
and industrial purposes. Therefore, no change to the Initial Study is required.
In response to comment on Section V.6, the current site condition includes unimproved
land that produces a peak discharge of approximately 3.0 cubic feet per second of
runoff in the ten year storm. Development of the site with building, parking lots and
impervious surfaces increases the peak discharge in the similar ten-year storm to
approximately 5.8 cubic feet per second. The estimated increase in the rate of
discharge is insignificant compared to the total peak discharge of the overall drainage
basin. The peak basin discharge of the inclusive Sweetwater River basin is more than
20,000 cubic feet per second.
The project design incorporates site design, source control, and structural treatment
Best Management Practices (BMP's) in compliance with local and regional
requirements. Site design BMP's include the utilization of landscape and natural areas
for the discharge of surface drainage and the reduction of impervious surfaces to the
extent possible. Source Control BMP's include the control of hazardous material
storage, the limitation of the use of fertilizers and pesticides, the design of controlled
trash enclosures, the installation of efficient landscape irrigation systems, catch basin
stenciling, and good site housekeeping and maintenance. Structural treatment BMP's
include catch basin filter inserts, site maintenance, natural bio-filters and swales, and
construction phase best management practices. Implementation of these BMP's Would
reduce the potential for site discharge or urban runoff impacting water quality
downstream.
In response to comment on Section V. 11, site development will include elevating the
proposed buildings to an elevation approximately one foot above the 100-year flood
level of the adjacent Sweetwater River. The proposed building pads have an elevation
of 75.7 and 75.9 feet above mean sea level (AMSL). The Sweetwater Dam inundation
area would have an elevation of approximately 76 feet ASML at the project site.
Furthermore, finish floor elevations would be at 76.20 and 76.45 feet ASML. Therefore,
no significant impacts associated with flooding are anticipated at the site.
In response to comment on Section XII, the proposed site plan requires potable water
service for fire protection, domestic, and landscape uses. Currently properties on the
east and west of the site are serviced from existing water mains in Otay Lakes Road
and Bonita Road. The existing commercial center directly south of the site on the
southerly side of Bonita Road is served by an existing water main connecting Otay
Lakes Road to the main in Bonita Road. The installation of a new water main in Bonita
Road easterly of the required point of service for the site is unnecessary. The extention
of the existing water main in Bonita Road approximately 250 feet easterly will
adequately serve the site.
RESPONSE TO COMMENT LETTER FROM GREG HOLMES, DEPARTMENT OF
TOXIC SUBSTANCES CONTROL, DATED NOVEMBER 10, 2003
(See Attached Letter Following MND)
In response to comment (1), the proposed site is a vacant lot, with no uses other than
occasional parking by walkers and joggers. Review of databases maintained by U.S.
EPA (Envirofacts), California Integrated Waste Management Board (SWIS), California
Water Resources Control Board (GeoTracker), and the County of San Diego
Department of Environmental Health (SAM) show no hazardous materials issues at the
proposed library site.
In response to comment (2), the databases listed in (1) show no hazardous material site
with an open "case" nearby and upgradient. An Arco gas station (#1806) located at
4498 Bonita Road, approximately one block east of the site and south of Bonita Road
has been the subject of remedial actions, but that work was completed in August 2003
according the DEH personnel. Therefore, no threat to human health at the proposed
library site is anticipated.
In response to comment (3), the hazards questions in the Initial Study utilize a set of
questions adopted by the County of San Diego. The issue addressed in the first
bulleted item of comment (3) is addressed in Item IX.l, which states "The proposed
project would not involve uses that would contain, handle, or store any potential sources
of chemicals or compounds that would present a significant risk of accidental explosion
of release of hazardous substances." The site is not located within one-quarter mite of
a school, although that is irrelevant here, given the absence of any hazardous materials
other than typical cleaning products. The response to the question identified in the
second bullet has been given in the responses to comments (1) and (2) above. No
significant hazard to the public or to the environment are expected to occur as a result
of development at the proposed site.
In response to comment (4), we have added Condition of Approval 3.j, which states that
"If any site contamination is discovered at the site during the process of preconstruction
inspection, the County Department of General Services will follow standard project
procedures, as follows: 1) conduct special testing of the site to determine the nature
and extent of the potential contamination; 2) if such contamination is documented,
request that the County Department of Environmental Health (DEH) identify and
describe appropriate protocols to be followed; 3) incorporate the protocols developed by
DEH into project construction documents; and 4) have DEH provide oversight for any
remediation efforts that may be required."
In response to comments (5), (8), (7) and (9), see the response to comment (4) above.
In response to comment (8), no building structures are present on the proposed site.
RESPONSE TO COMMENT FAX FROM VALERIE RADEK, SAN DIEGO COUNTy
LIBRARY, DATED NOVEMBER 17, 2003
(See Attached Letter Following MND)
The description of anticipated library staffing and hours was revised per Radek input.
ADOPTION STATEMENT: This Mitigated Negative Declaration was adopted and the
above California Environmental Quality Act findings made by the:
(Decision-Making Body)
on (Date/Item #)
Jeffrey Redlitz, Project Manager
County of San Diego, Department of General Services
~. ~ SWEETWATER AUTHORITY GOVB"NINGB0'~D
505 GARRE I I AVENUE JAMES 'JIM' DOUD. CHAIR
- POST OFFICE BOX 2328 w.o. 'BUD' POCKLINGTON. VICE CHAIR
R. MITCHEL BEAUCHAMP
CHULA VISTA, CALIFORNIA 91912~2328 NICK INZUNZA
~ ~// (619) 420-1413 MARGARET COOK WBLSH
FAX (619) 425-7469 RICHARD A. REYNOLDS
htt p://www, sweetwater. O[g ~ ----- . CARY F. WRIGHT
WANDA AVERY
November 5, 2003 T,~SURE~
Mr. Ralph Kingery ~ '~ ~-~? sEc.~,~¥
... BRG Consulting, Inc.
304 Ivy Street
San Diego. CA 9210%2030
SUBJECT: COMMENTS ON DRAFT MITIGATED NEGATIVE DECLARATION
BONITA / SUNNYSIDE BRANCH LIBRARY, A.P.N. 593-240-24
LOWER SWEE-I-VVATER RIVER URBAN RUNOFF PROTECTION
Dear Mr. Kingery:
Sweetwater Authority has received the Draft Mitigated Negative Declaration, Initial Study, and
associated environmental reports for the proposed Bonita / Sunnyside branch library facility.
The proposed project includes an 8,300 sq. ft. public library, a 1,600 sq. ft. community center,
and a 4,400 sq. ft. museum and public safety center. Development of the approximately 1.36-
acre site also would provide 56 parking spaces in a currently unpaved area used for unofficial
parking, landscaping with native plant species, and reconstruction and reconfiguration of an
existing wetland habitat. Between 17,000 and 24,000 cubic yards of fill would raise the level of
the proposed structures and parking areas above the 100-year flood elevation. Water service
and sewer service are planned for the project.
The site is located downstream of Sweetwater Reservoir and lies entirely within the drainage
basin of the Lower Sweetwater River, as shown on enclosed Figure 1. In 2000, Sweetwater
Authority began utilizing groundwater from the alluvial and San Diego Formations at the
Reynolds Demineralization Facility at Second Avenue, Chula Vista, north of SR-54 and the
Sweetwater River channel. The Demineralization Facility treats groundwater through reverse
osmosis and distributes it to the Authority's customers via the adjacent water distribution system.
Because Sweetwater Authority is utilizing groundwater from the Lower Sweetwater River Basin,
we are interested in protecting water quality in the basin.
Specific comments are as follows:
Section V. Water Resources
Section V.2. of the Environmental Analysis states that the Sweetwater hydrologic subarea is
impaired for Coliform bacteria and metals. According to the Regional Water
Quality Control Board (J. Smith, telephone conversation with T. Murphree, July 10,
2003), no portion of the Sweetwater River watershed is impaired or on the 303d list. The
Sweetwater River flows into San Diego Bay, por[ions of which are impaired. Please provide
information relating to the basis of the applicant's findings that this river is impaired.
Section V.4. states that "the project site is not located within an aquifer. According to the
records of the State of California, Department of Water Resources, the project site is located
within an aquifer.
A Public WaterAgency
Serving National City, Cbula Vista and Surrounding Areas
Mr. Ralph Kingery
Re: COMMENTS ON BONITA/SUNNYSIDE BRANCH LIBRARY
LOWER SWEETWATER RIVER URBAN RUNOFF PROTECTION
November 5, 2003
Page 2
Section V.6. discusses the potential of the project to increase the rate or amount of surface
runoff in a manner that would result in flooding on or off-site. As noted above the Authority has
an existing groundwater demineralization facility located downstream of this project. We request
that the applicant discuss the implementation of best management practices according to city,
county and regional standards to minimize flow of urban runoff into the river system that may be
detrimental to our facility.
The Section V.11. response states that the site will not be subject to the 100-year flood plain
and will no longer be located in the Sweetwater Dam inundation area after the elevation is
increased by approximately five feet. Sweetwater Authority is only aware of a Sweetwater Dam
inundation map that was created for our predecessor, California Amedcan Water Company, in
1§74. While we do not have jurisdiction of flood control, we caution the applicant that if this map
was utilized the information may not be currently accurate.
Section Xll discusses the previous correspondence from Sweetwater Authority regarding a main
extension in Bonita Road. To ciadfy attached is a map showing the minimum requirements for
the new water main. Our standards require that any new water main be extended to the
centedine of the lot of a new development. Also, the final determination of the new water main
including diameter is based on the proposed fire flow and domestic requirements. It may be
necessary to extend this new main in Bonita Road to Otay Lakes Road.
Sweetwater Authority appreciates the opportunity to comment on the proposed Bonita /
Sunnyside branch library and to provide further awareness of the importance of watershed
management in San Diego County. If you have any questions, please contact Ms. Troy
Murphree at (619) 409-6815.
Sincerely,
SWEETVVATER AUTHORITY
Mary ,~,nn ~vlann \
Director of Water Quality
encl: as cited
pc: Mr. Jeffrey Rediitz, County of San Diego, Dept. of General Services
Mr. John Hammond, Sweetwater Community Planning Group
Ms. Madlyn Ponseggi, Environmental Review Coordinator, City of Chula Vista Planning
Department
Ms. Troy Murphree, Sweetwater Authority
Department of Toxic Substances CdfifFd[::
Edwin F. Lowry. Director
~,-" :'"v ,~, ,~, ~
5796 Corporate Avenue '"' "",'~ ~',~ 0l
Winston H. Hickox Cypress, California 90630 Gray Davis
i~ency Secretary ; · · · ' '. Governor
lifornia Environmental h:..~.~ ":.! ::.......' ..:, :_:,"
~ Protection AgeNcy
November 10, 2003
Mr. Jeffrey Redlitz
Project Manager
D e p artm. en.t.o f_Gen er_al S. ervices -.
County of San Diego
5201 Ruffin Road, Suite B MS 0650
San Diego, California 92123-1666
NEGATIVE DECLARATION FOR THE BONITNSUNNYSIDE BRANCH LIBRARY
PROdECT (SCH #2003101112)
Dear Mr. Redlitz:
The of Toxic Substances Control (DTSC) has received Negative
Department
your
Declaration (ND) for the above-mentioned Project.
Based on the review of the document, DTSC's comments are as follows:
1) The ND needs to identify and determine whether current or historic uses at the
Project site have resulted in any release of hazardous wastes/substances at the
Project area.
2) The ND needs to identify any known or potentially contaminated sites within the
proposed Project area. For all identified sites, the ND should evaluate whether
conditions at the site pose a threat to human health or the environment. A
Phase I Assessment may be sufficient to identify these sites. Following are the
databases of some of the regulatory agencies:
o National Priority List (NPL): A list is maintained by the United States
Environmental Protection Agency (U.S.EPA).
· CalSites: A Database primarily is used by the California Department of
Toxic Substances Control.
· Resource Conservation and Recovery Information System (RCRIS): A
database of RCRA facilities that maintained by U.S. EPA.
Tile energy challenge facing California is reel, Every Californian needs ~o take Immediate ecb~n to reduce energy consuml~tion.
For a list of simple ways you can reduce demand and cut your enemy costs, see our Web-ei~e e~ www.dtac, c~.gov.
~ Printed on Recycled Paper
Mr. Jeffrey Redlitz
November 10, 2003
Page 2 of 4
· Comprehensive Environmental Response Compensation and Liability
Information System (CERCLIS): A database of CERCLA sites that
maintained by U.S.EPA.
· Solid Waste Information System (SWlS): A database provided by the
California Integrated Waste Management Board consists of both open as
*- well as closed-and inactive solid waste disposal facilities and transfer
stations,
· Leaking Underground Storage Tanks (LUST) / Spills, Leaks,
Investigations and Cleanups (SLIC): A list that is maintained by Regional
Water Quality Control Boards.
· Local County and City maintain lists for hazardous substances' cleanup
sites and leaking underground storage tanks.
3) The ND does not specifically address the Hazards' section checklist of the
California Environmental Quality Act (CEQA) which includes the following
questions:
· Would the project emit hazardous emissions or handle hazardous or
acutely hazardous matadals, substances, or waste within one-quarter mile
of an existing or proposed school?
· Would the project be located on a site which is included on a list of
hazardous materials sites complied pursuant to Government Code
Section 65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
4) The ND should identify the mechanism to initiate any required investigation
and/or remediation for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight. If hazardous
materials/wastes were stored at the site, an environmental assessment should
be conducted to determine if a release has occurred. If so, further studies
should be carried out to delineate the nature and extent of the contamination.
Aisc, it is necessary to estimate the potential threat to public health and/or the
environment posed by the site. It may be necessary to determine if an expedited
action is required to reduce existing or potential threats to public health
response
or the environment. If no immediate threat exists, the final remedy should be
implemented in compliance with state regulations and policies.
November 10, 2003
I Page 3 of 4
I
5) All environmental investigation and/or remediation should be conducted under
a Workplan which is approved by a regulatory agency that has jurisdiction to
oversee hazardous waste cleanup.
I was previously used for agriculture, onsite soils could
6)
If
the
subject
property
contain pesticide residues. Proper investigation and remedial action may be
_ necessary to ensure {he site.dees not pose a risk to the fu~-re residents..
7) If any property adjacent to the project site is contaminated with hazardous
chemicals, and if the proposed project is within 2,000 feet from a contaminated
site, then the proposed development may fall within the "Border Zone of a
Contaminated Property." Appropriate precautions should be taken pdor to
construction if the proposed project is within a "Border Zone Property."
8) If building structures are planned to be demolished/renovated, an investigation
should be conducted for the presence of lead-based paints and asbestos
containing materials (ACMs). If lead-based paints or ACMs are identified, proper
precautions should be taken during demolition activities. Additionally, the
contaminants should be remediated in compliance with California environmental
regulations and policies.
9) If during construction/demolition of the project, soil and/or groundwater
contamination is suspected, construction/demolition in the area should cease
and appropriate health and safety procedures should be implemented. If it is
determined that contaminated soil and/or groundwater exist, the ND should
identify how any required investigation and/or remediation will be conducted, and
the govemrnent agency to provide appropriate regulatory oversight.
DTSC provides guidance for preparation of a Preliminary Endangerment Assessment
(PEA), and cleanup oversight through, the Voluntary Cleanup Program (VCP). For
additional information on the VCP, please visit DTSC's web site at www.dtsc.ca._..q.~.
Mr. Jeffrey Redlitz
November 10, 2003
Page 4 of 4
If you have any questions regarding this letter, please contact Mr. Johnson P. Abraham,
Project Manager, at (714)484-5476.
Sincerely,
Grog Holmes
Unit Chief
Southern California Cleanup Operations Branch
Cypress Office
cc: Governor's Office of Planning and Reseamh
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
Mr. Guenther W. Moskat, Chief
Planning and Environmental Analysis Section
CEQA Tracking Center
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
Input from Valerie Radek~ Fax of November 17, 2003.
'l'he Draft MNO is available for public review at the following locations: county of
artment of General So,vices, Project Management Division
San Diego, _Dep .... .-.. -.=-.-.~ r~,~,e -nan Dieeo, CA 9:2123; city of Chula
information <;ounter, uo== wv=,,..
Vista Library, 305 F Street, Chula Vista, CA 91910; and Bonlta-~unnyslde
Library, 5047 Central Avenue, CA 91902.
ti n on environments! review for this projec'q contact Ralph Klnge~Y of
For Informs o ........ '"-- "ra'~ MND is losing clmulated for a
' c. at 619)Zg~-/lZ/, tr~u
BEG Consulting, In. ( . ~ ~__:_.;.. ,~. n~l~ha 22. 2003 and ending on
3g-daY ptlbllc t'~vlew period ~d,,,mHw ......... r .
· 2003. Written comments regarding the ad .equac_y_?f. the_.Dre~
Nov_em.bsr.~. 1., ...... ., ._ ~,..%..h ~i.,,e~v, BRG Consulting, Inc., ;~o,~ Ivy
San Diego, Callfomla 92101-2030 and must be received by November 21,2003.
All comment letters received during the 30.day review portal will be pert of the
environmental review record.
^ ~,...~ taMr~ ~n,.twnnrafina public input will be prepared .for consideration by the
County of ~,an Diego at a future pum~ m~'~-~. ,,, , time, and
the public meeting will be provided by public r~ce when they are detem~ln~.
This notice was published in the SAN DIEGO DALLY TRANSCRIPT and
FLOOR & ROOF PLAN - MUSUEM
liill!!lli'Jl
i~iill'l ' l~ ll'[
~ I' II iJ,J J ELEVATION8 - MUSEUM
ELEVATIONS- MUSEUM
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
City Attorney
Dated: ]~ .~,~/D_~
Agreement between the City of Chula Vista and County
Of San Diego for the lease of approximately 1.55 acres o£1and for the
construction and operation o£the Bonita Branch County Library
And historical museum/public safety center
LEASE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COUNTY OF SAN DIEGO FOR THE LEASE
OF CERTAIN PROPERTY WITHIN THE CITY OF CHULA
VISTA
THIS LEASE AGREEMENT is made and entered into this__ day of
, between the City of Chula Vista, a Municipal Corporation, as lessor,
hereinafter called "City," and County of San Diego, as lessee, hereinafter called "County."
RECITALS
WHEREAS, the City owns certain property, including all improvements located upon the
property, at Bonita Road adjacent to and west of Chula Vista Municipal Golf Course parking lot in
the City of Chula Vista (as diagrammatically represented on Exhibit 1 ); and
WHEREAS, the County desires to lease said property and to construct certain improvements
thereto in order to establish the San Diego County Library- Bonita Branch and Bonita Museum; and
WHEREAS, City has determined that locating a library on the identified site will assist in
meeting the need for library services needs of the citizens in the surrounding area; and
WHEREAS, the City and County entered into a non-binding Letter of Intent approved by the
County on March 1 I, 2003 and approved by City on March 4, 2003 by Resolution 2003-091,
declaring their intention to pursue the locating of a branch County library on this site; and
WHEREAS, City desires to lease said property to County for said purpose.
Now, therefore, in consideration of the covenants and conditions hereinafter contained, City
and County do hereby agree as follows:
I. Leasing Clause and Right of Entry
a. City hereby leases to County and County hereby leases from City, certain property hereinafter
described under the following terms and conditions contained within this lease agreement.
b. Subject Premises of Lease. City leases to County a certain parcel of real property, together with
all current improvements thereon, situated in the City of Chula Vista, County of San Diego, State of
California as described in Exhibit 2 attached hereto and incorporated herein ("Subject Premises").
c. County shall have access to and right to enter upon and travel over the access drive
and adjacent land ("City Site") for purposes of construction staging, wetlands improvement
and restoration and grading activities as described in Exhibit 3 attached hereto and
incorporated herein.
d. City hereby grants to County in the form of the attached easement (Exhibit 4), which
shall be recorded against the property, a nonexclusive access easement over the access drive
as more particularly described in said easement for the term of this lease.
e. County agrees to provide City reasonable access to the Premises to allow City staff or a
designee of the City to maintain and repair the Spring Valley Trunk Sewer Line and other City
obligations pursuant to the term hereof.
2. Term.
a. Initial Term. The initial term of this lease shall commence on January 1, 2004 and shall
expire on January 1, 2054, unless earlier terminated pursuant to the provisions of this Lease.
b. Damage and Destruction. If, during the Term of th'is Lease or any extension thereof,
the Premises or Improvements are damaged or destroyed, and if such damage materially
interferes with County's use of the Premises, County shall, at its sole expense, repair the damage
and this Lease shall remain in full force and effect, provided that (i) such repairs can reasonably
be expected to he made within one-hundred twenty (120) days from the date County commences
to repair such damage, or such reasonable time as required to remedy the damage ("Repair
Period") in compliance with applicable laws and regulations.
Any repairs undertaken pursuant to this section shall be diligently pursued to completion
by County. Prior to commencing such repairs, County shall give City an estimate of the time
within which such repairs are expected to be completed.
If, in the sole judgment of County's Lease Administrator, the Pre~nises cannot
reasonably be expected to be restored within the Repair Period, or such reasonable time as
required for such restoration, to substantially the same condition they were in before the damage
occurred, County may terminate this Lease by notice to the City given sixty (60) days after such
damage or destruction.
c. Extended Term. Upon the expiration of the Initial Term, the County may request to extend
the term of the lease for one (1) successive ten (10) year period. The County shall exercise the
extension option by giving written notice to and subject to administrative approval of the City, such
notice to be provided no later than ninety (90) calendar days in advance of the expiration of the lease
tem~ then in effect. Unless otherwise mutually agreed by the parties in writing, the terms and
conditions of this Agreement shall remain in effect during the Extended Term.
d. Holdover Tenancy. In the event the County elects not to extend the Term but retains
possession of the Premises upon the expiration thereof, with the City's consent the County's tenancy
shall be converted to a month to month arrangement, subject to termination by the City upon one (1)
months written notice, but otherwise on the same terms and conditions then in effect.
3. Rent.
County agrees to pay to City as rental for Subject Premises the sum orS 1.00 per year payable
on January 1 of each year during the term hereof; and in addition hereto, County agrees to do and
perform the other covenants and conditions set forth herein, each of which shall be considered as
additional rent. At County's option, County may prepay the rent for the entire 50-year term in a
lump sum within 30 days of commencement of this Lease.
4. Purpose.
County shall use the Subject Premises solely for the following purposes: constructing,
maintaining and operating thereon, at the County's sole cost, an approximately 10,000 square foot
public branch library, which shall include approximately a 2000 square foot community space, and
an approximately 4,400 square foot museum/public safety center. The buildings and other facilities
shall be used as described herein and for all reasonable and lawful purposes incidental thereto.
County agrees to use Subject Premises solely for the purposes herein stated.
5. Responsibilities of County.
a. Grading. County shall grade the Subject Premises to finished rough grade elevations
consistent with FEMA Flood Maps to 2 feet above the 100-year flood level. County
shall seek and obtain a FEMA Letter of Map Revision for the site upon completion of
grading. County shall grade, compact, and prepare the City Site to be suitable for
subsequent parking lot construction or park occupancy only, City shall reimburse County
~,,~,~ for the cost of the City's Site preparation reimbursement shall not to exceed $67,500.
~ Reimbursement amount to include grading, compaction, site preparation, project design,
and administration.
b. Site Improvements. County shall:
(1) Construct all necessary buildings, parking facilities and all other required
facilities, on-site and off-site improvements for said use as depicted on the
design development drawings (attached hereto as Exhibit 5 and
incorporated herein). Offsite improvements funded and constructed by
the County to be limited to improvements to the City-owned wetland area
abutting the County Premises, construction of an access road with
associated curb, gutter, and surface improvements, and closing of existing
access road and installation of associated curb, gutter, and surface
improvements. Off site improvements funded by the City and constructed
by the County include grading, installation of underground storm-drain
piping, and surface parking lot improvements as defined in Item//4,
below.
(2) Install lighting to light the Subject Premises including library and
museum parking lots and building per/meter landscaping and courtyard
· (3) Perform all mitigation measures identified in the Mitigated Negative
Declaration and Mitigation and Monitoring Program dated October 22,
2003.
(4) County shall pave a portion of the City Site (as identified on Exhibit 5) for
general parking purposes. City shall reimburse County for the cost of the City
Site paving and improvements, reimbursement shall not exceed $150,000.
This amount to include site preparation, paving, subsurface drainage, and
project design and administrative costs.
(5) County shall construct the new access road (as identified on Exhibit 5)
concuITently with the grading and construction of the site. County shall
eliminate the previously utilized access driveway and provide access (as
identified on Exhibit 5) immediately following completion of the new access
road. Removal of existing access road will require surface improvements
necessary to allow the site to be utilized for parking purposes. County
constructed access road will terminate at Bonita Road at a new signalized
intersection to be constructed by the County. County shall design, install and
construct traffic signal and related improvements which City shall reimburse
County for such costs. City shall reimburse County for the traffic signal
expenses, reimbursement shall not exceed $150,000. Intersection controls
and traffic signal will be completed in conjunction with the construction
schedule of the library/museum project.
(6) County shall submit construction drawings to City for plan review and
conformance with use permit conditions of approval. All work shall be in
accordance with County building codes and standards and approved by
County prior to its issuance of certificate of occupancy.
County shall not make any other improvements or additions to the building and Subject
Premises without prior written approval of the City Manager or his designee. Said improvements
and additions shall include, but not be limited to, changes to the exterior, room additions, signs, and
new plantings except for non-structural alterations.
c. Drainage Improvements. County shall install underground drainage pipes originating
from the current discharge point under the golf course parking area, across the City Site, through the
Subject Premises, and terminating at the wetlands habitat area, to properly dispose of surface runoff
from the City's golf course parking lot and City Site as described in and consistent with the adopted
Mitigated Negative Declaration and so as to ensure there is no overflow water into surrounding area.
City agrees to reimburse County for the actual cost of constructing the drainage improvements across
City Site to a maximum amount of $31,000.
d. Liens. County shall keep the Subject Premises, existing buildings, County
constructed structure or facilities and the property upon which the building is situated or parking,
free from any liens arising out of the work performed, materials furnished, or obligations incurred by
County. Failure to keep Subject Premises free of liens shall constitute a major breach and default, of
the covenants of this agreement and grounds for termination by City, at City's sole option.
e. County's Maintenance Obligation. County agrees to accept full responsibility for the
maintenance and repair of Subject Premises, including landscaping. County shall, at County's sole
cost and expense, keep the Subject Premises, the improvements thereon, and every part thereof,
excluding the Spring Valley Trunk Sewer line, in good condition and repair, comparable to other
property held by the City in the general vicinity. City shall have no obligations to alter, remodel,
repair, decorate, or paint the structures located upon the leased Premises.
The County will be responsible for maintenance and monitoring of wetland area until the
mitigation success criteria have met to the satisfaction of the California Department of Fish and
Game and the Regional Water Quality Control Board. Prior to finalization of the 1601 Permit
through the Department ofFish and Game, County shall seek and obtain City concurrence with long
term maintenance and monitoring responsibilities for the wetlands. Said concurrence shall not be
unreasonably withheld.
f. Utilities. County hereby covenants and agrees that all utilities and services necessary for
the use and occupation of Subject Premises shall be provided and paid for by County.
g. Possessory Interest Tax. County understands that the premise may be subject to
possessory interest tax. County shall be responsible for the payment of, and shall pay before
delinquent, all taxes, assessments and fees assessed or levied upon County, on premise or any
interest thereon, any building, structures, machines, appliances or to the improvements of any nature
whatsoever or any interest therein, or by reason of the business or other activities of County upon, or
in connection with the premises. The failure of County to pay such levied tax, resulting in the
establishment ora tax lien by any taxing agency, shall constitute a major breach, and default, of this
lease and constitute grounds for recovery of possession by City.
h. Damage and Destruction. If the improvements on the Subject Premises are, in whole
or in part, ruined by a calamity or a progressive degenerative process, the City shall be under no duty
to the County to undertake any repairs or provide substitute or replacement facilities during any
repair or reconstruction of the Subject Premises undertaken by County, or to pay the rental value
thereof, regardless of cause of the damage to the Subject Premises. Nothing herein shall be deemed
to relieve the County for damage to the Premises it may have otherwise caused.
i. Anti-Discrimination and Americans with Disabilities Act. County, for itself and its
successors and assigns, agrees that during the occupancy and use of the Subject Premises, County
will not, with respect to its operation of the Subject Premises, discriminate against any person
because of race, color, creed, religion, sex, sexual orientation, marital status, age, handicaps, ancestry
or national origin. In addition, County agrees to cause the Subject Premises to be in compliance with
the requirements of the Americans With Disabilities Act, and regulations promulgated thereunder.
6. City's Maintenance Obligation.
It is intended by the parties hereto that City has no obligation, in any manner whatsoever,
to repair and maintain the Subject Premises nor the structural improvements, including any
buildings, now located or to be constructed thereon, nor the equipment now located or to be
constructed therein, whether stmctural or non structural, all of which obligations are intended to be
tha! of the County, unless otherwise provided for in this Agreement. City shall be responsible for
mmntenance of the access road, paved parking lot, drainage, and landscape improvements installed
by the County on City Site. County expressly waives the benefit of any statute now, or hereinafter in
effect which would otherwise afford County the right to make repairs at City's expense or to
terminate this Lease because of City's failure to keep the Subject Premises in good order, condition
and repair.
7. Compliance with Laws and Regulations.
County agrees to design, construct, maintain and operate Subject Premises in compliance
with all laws, roles and regulations applicable thereto.
8. Condition of Premises.
a. County hereby accepts the Subject Premises in their condition existing as of the
Lease Effective Date or the date that County takes possession of the Subject Premises, whichever is
earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations
governing and regulating the use of the Subject Premises, and any covenants or restrictions of record
and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits
attached hereto. County acknowledges that City, nor City's agent, has made any representation or
warranty as to the present or future suitability of the Premises for County's intended purpose.
Specifically, County acknowledges the proximity of the Subject Premises to the Chula Vista
Municipal Golf Course and accepts all risks associated therewith, including any claims that may
result from errant golf balls.
Furthermore, City makes no representations as to the possibility of hazardous materials or
toxic waste being located on the Subject Premises. County has the right to inspect and conduct soils
tests and studies to thereby determine for itself that the soils condition is satisfactory for County's
intended purpose.
b. At the City's sole option, upon the expiration or termination hereof, County
shall surrender the Subject Premises to City in the same condition as when received, subject to
reasonable wear and tear, or shall return the Subject Premises to the City in its improved state,
including any structures, which County has constructed upon the Subject Premises.
9. Suspension of Operations.
a. In the event that County fails to maintain and operate Subject Premises for the
principal purpose for which the same are hereby demised or fails to maintain reasonable and
adequate supervision and maintenance of Subject Premises or further fails to remedy any such faults
or defects within 60 days after written notice to do so from the City, then County shall suspend all
operations until such faults or defects have been cured.
b. All of the conditions and covenants contained herein to be performed by County
shall be deemed to be conditions of County's right to possession of the Subject Premises, and if
after 180 days written notice to County, any default in said conditions is not remedied or corrected or
performed to City's satisfaction, City shall have the right to re-enter the Subject Premises, remove
County and retake possession thereof.
c. In the event that County abandons Subject Premises, the City may elect to
terminate this lease. Abandonment is herein defined to include, but is not limited to, any absence of
County from the Subject Premises for sixty (60) days or longer while in default of any provision of
this lease except where excused by law or cimumstances beyond County's control.
10. Representatives of Parties to Agreement.
a. City designates the City Manager or his/her designee as its representative in
all matters under this contract (except execution hereof) and all notices given to the City shall be so
addressed to the above designated representative at 276 Fourth Avenue, Chula Vista, CA 91910.
County designates the Director, Department of General Services as the County's Lease
Administrator of this contract and all notices sent to County shall be addressed to the
above-designated representative at 5555 Overland Avenue, Suite 2500, Building 2, San Diego, CA.
92123-1294
11. Assignment.
Neither this agreement nor any duties or obligations hereunder shall be assignable by County
without prior written consent of the City, which consent may be withheld in the reasonable discretion
of the City. In the event of an assignment by County to which the City has consented, the assignee or
its legal representative shall agree in writing with the City to assume, perform, and be bound by the
covenants, obligations, and agreement contained herein. Any consent to an assignment shall not, in
the absence of express provisions to the contrary, constitute a release of the County from the
provisions of this Agreement.
12. Successors and Assigns.
Subject to the provision regarding assignment, this agreement shall be binding on the heirs,
executors, administrators, successors, and assigns of the respective parties.
13. Indemnities and Insurance.
a. Indemnity. County shall defend, indemnify, protect and hold harmless City from and
against any and all claims arising from County's use of the Subject Premises (including specifically,
but not limited to, deposit of toxic or hazardous material in or about the Subject Premises, or uses of
such material in any structure on the premises) or from the conduct of County's business or from any
activity, work or things done, permitted or suffered by County in or about the Subject Premises or
elsewhere and shall further indemnify and hold harmless City from and against any and all claims
anstng from any breach or default in the performance of any obligation on County's part to be
performed under the terms of this Lease, or arising from any negligence of the County, or any of
County's agents, contractors, or employees, and from and against all cost, attorney's fees, expenses
and liabilities incurred or associated with any such claim or any action or proceeding brought
thereon; and in case any action or proceeding is brought against City by reason of any such claim,
County upon notice from City, shall defend the same at County's expense. County, as a material part
of the consideration to City, hereby assumes all risk of damage to property or injury to persons, in,
upon or about the Subject Premises arising from any cause and County hereby waives all claims in
respect thereof against City.
County shall defend, indemnify, and hold harmless the City from and against any and
all claims arising or resulting from the proximity of the Subject Premises to the Chula Vista
Municipal Golf Course.
b. Exemption of City from Liability. County hereby agrees that City shall not be liable
for injury to County's business or any loss of income therefrom or for damage to the goods, wares,
merchandise or other property of County, County's employees, invitees, customers, or any other
person in or about the Subject Premises, nor shall City be liable for injury to the County, County's
employees, agents or contractors, whether such damage or injury is caused by or results from fire,
flood, rain, water, steam, electricity, gas, or from the breakage, leakage, obstruction or other defects
of the land, grading, elevation of the land, pipes, wires, appliances, plumbing, or from any other
cause, whether the said damage or injury results from conditions arising upon the Subject Premises
or from other soumes or places and regardless of whether the cause of such damage or injury or the
means of repairing the same are inaccessible to County. City shall not be liable for any damages
arising from golf related activities on the Chula Vista Municipal Golf Course.
c. County's Insurance Obligations. County maintains a policy of All-Risk Insurance
covering the County's improvements, personal property in the Premises, including any fixtures or
equipment in the Premises owned by County. The County utilizes a program of self-funding with
regard to any liability it may incur for personal injury or property damage arising out of its use or
occupancy of the Premises or the improvements thereon.
15. Subleases.
County shall not subleage any portion of the building or Subject Premises without prior
written approval of the City Manager or his designee.
16. Entire Agreement.
This Agreement supersedes any prior agreement and contains the entire agreement of the
Parties on the matters covered. No other agreement, statement or promise made by any Party or by
any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be
binding. 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.
17. Goveming Law/Venue.
This Agreement has been executed in and shall be govemed 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.
18. Invalidity.
If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
19. Waivers.
The waiver by one Party of the performance of any covenant, condition or promise shall not
invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant,
condition or promise. The waiver by either or both Parties of the time for performing any act shall
· not constitute a waiver of the time for performing any other act or an identical act required to be
~:~ performed at a later time. The exercise of any remedy provided in this Agreement shall not be a
waiver of any consistent remedy provided by law, and any provision of this Agreement for any
remedy shall not exclude other consistent remedies unless they are expressly excluded.
20. Condemnation.
If the Subject Premises or any portion thereof are taken under the power of eminent domain,
or sold under the threat of the exercise of said power (all of which are herein called
"condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever first occurs.
21. Waiver of Relocation and Owner Participation Rights.
County hereby waives any and all rights to relocation benefits and/or owner participation
which might otherwise arise in connection with City's future use of the Premises including, without
limitation, such rights arising under the California Health and Safety Code and Government Code
and any and all other federal, state, or local laws, regulations or provisions which might otherwise
afford County such rights.
(End of page. Next page is Signature Page.)
SIGNATURE PAGE TO LEASE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND COUNTY OF SAN DIEGO
CITY OF CHULA VISTA COUNTY OF SAN DIEGO
By:.
Steve Padilla, Mayor Clerk, Board of Supervisors
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM BY
Ann Moore
City Attorney
Exhibit l Locater Map
Exhibit 2 Legal Description Leased Premises to County
Exhibit 3 Legal Description City Site
Exhibit 4 Legal Description Reciprocal Access Easement
Exhibit 5 Site Plan
C:\Documents and Settings\Elizabeth Hull\My Documents~onita Library Lease 11 25 03 final.doc
l0
COUNTY LIBRARY PARCEL
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 30, 1972 AS FILED NO. 231593; THENCE NORTH 75°03'14"
EAST 178.10 FEET; THENCE SOUTH 06°44'19'' EAST 192.39 FEET; THENCE
NORTH 83°15'41'' EAST 17.92 FEET; THENCE SOUTH 06"44'19" EAST 180.00
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE 50.00
FOOT HALF WIDTH SIDELINE OF BONITA ROAD PER STREET VACATION BY
THE CITY OF CHULA VISTA RESOLUTION 6514 DATED JULY 18, 1972, FILED
IN THE OFFICE OF SAID COUNTY RECORDER AUGUST 14, 1972 AS FILE NO.
213693, SAID SIDELINE BEING AN 850.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL BEARS SOUTH 00o20'45'' WEST THROUGH SAID
POINT; THENCE WESTERLY ALONG SAID SIDELINE OF BONITA ROAD
ALONG SAID 850.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF
09°00'13'' AN ARC DISTANCE OF 133.57 FEET; THENCE CONTINUING ALONG
SAID BONITA ROAD SIDELINE, TANGENT TO SAID 850.00 FOOT RADIUS
CURVE, NORTH 80°39'08" WEST 149.85 FEET TO A POINT ON THE WESTERLY
LINE OF SAID PARCEL 2 OF PARCEL MAP 958; THENCE ALONG SAID
WESTERLY LINE NORTH 09°22'30" EAST 290.04 FEET TO SAID POINT OF
BEGINNING.
WETLANDS EASEMENT
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED 1N THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNED OF PARCEL 2 OF PARCEL MAP
NO. 985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 30, 1972 AS FILED NO. 231593; THENCE NORTH 75°03'14"
EAST 38.00 FEET; THENCE SOUTH 18°00'30" WEST 44.15 FEET; THENCE
SOUTH 01002'45'' EAST 88.46 FEET; THENCE SOUTH 67°22'11" WEST 9.43 FEET;
THENCE SOUTH 00o50'39'' WEST 60.67 FEET; THENCE NORTH 88°13'1 I" WEST
45.40 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE NORTH 09022'30'' EAST 186.00 FEET
TO SAID POINT OF BEGINNING.
RECIPROCAL ACCESS EASEMENT
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDiNG TO MAP THEREOF NO. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY l l, 1869,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 958, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AUGUST 30, 1972 AS FILE NO. 231593; THENCE NORTH 75°03'14''
EAST 306.55 FEET; THENCE SOUTH 14°09'00" EAST 178.16 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 14009'00'' EAST, 24.01
FEET; THENCE SOUTH 77°31'52" WEST 81.71 FEET TO THE BEGINNING OF A
TANGENT 10.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
84°16'11'' AN ARC DISTANCE OF 14.71 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 06°44'19" EAST 165.14 FEET TO THE BEGINNING OF A
TANGENT 120.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
05°25'16" AN ARC DISTANCE OF 11.35 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF THE 50.00 FOOT HALF WIDTH SIDELINE OF BONITA
ROAD PER STREET VACATION BY THE CITY OF CHULA VISTA RESOLUTION
NO. 6514 DATED JULY 18, 1972, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AUGUST 14, 1972 AS FILE NO. 213693
SAID SIDELINE BEING ON AN 850.00 RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL BEARS SOUTH 02°39'55" EAST THROUGH SAID
POINT; THENCE WESTERLY ALONG SAID SIDELINE OF BONITA ROAD
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02041'47" AN ARC
DISTANCE OF 40.00 FEET TO A POINT OF CUSP WITH AN 80.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; A RADIAL TO SAID POINT BEARS NORTH
55°40'56" EAST; THENCE NORTHERLY ALONG SAID 80.00 FOOT RADIUS
CURVE THROUGH A CENTRAL ANGLE OF 05°25'15'' AN ARC DISTANCE OF
7.57 FEET; THENCE TANGENT TO SAID CURVE NORTH 06°44'19'' WEST 159.12
FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 59056'03'' AN ARC DISTANCE OF
10.46 FEET; THENCE NORTH 06°44'19'' WEST 5.23 FEET; THENCE SOUTH
83°15'41" WEST 17.92 FEET; THENCE NORTH 06°44'19" WEST 18.99 FEET TO A
LINE WHICH BEARS SOUTH 77031'52'' WEST FROM SAID TRUE POINT OF
BEGINNING; THENCE NORTH 77°31'52'' EAST, 150.87 FEET TO SAID TRUE
POINT OF BEGINNING.
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED IN SUBSTANTIALLY FINAL FORM
BY THE CITYATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
City Attorney
Dated:
Agreement between the City of Chula Vista The Bonita Centre, LLC
Regarding construction of improvements related to the
Bonita Branch County Library and Historical Museum
Public Safety Center
Traffic Signal Installation
Funding and Improvement Agreement
This Traffic Signal Installation Funding and Improvement Agreement
("Agreement") is entered into between the City of Chula Vista, a municipal corporation
("City") and Bonita Centre, LLC ("Bonita Centre"). City and Bonita Centre whenever
referenced collectively shall be referred to as Parties. This Agreement is made with
reference to the following recitals:
RECITALS
Whereas, the City and County of San Diego entered into a Letter of Intent expressing
their desire to construct a branch public library on City property located on the City
owned lot immediately and adjacent to the Chula Vista Municipal Golf Course located at
4475 Bonita Road ("Library"); and
Whereas, Bonita Centre LLC owns the real property located at 4400 Bonita Road
("Bonita Centre"); and
Whereas, the Parties desire to improve the traffic flow in the area of the Library and
Shopping area by installing a new traffic signal and related improvements at the
intersection of Bonita Road and the access to the Library and Bonita Centre
("Improvements"); and
Whereas, the Parties believe the improved traffic flow will be beneficial to both the
Library and Bonita Centre and would like to jointly fund the installation of said traffic
signal and related improvements.
NOW, THEREFORE, in consideration of the Recitals and mutual obligations of the
Parties herein expressed, City and Bonita Centre agree as follows:
AGREEMENT
1. Obligation to Cause Construction. Subject to the terms of this Agreement,
City shall cause the Improvements to be constructed.
2. Type of Improvements. The project involves the installation of a traffic signal
and associated improvements at the intersection of Bonita Road and the Bonita
Shopping Center westerly driveway. Traffic Signal System installation work
would include the installation of traffic signal standards, mast arms, signal Light
Emitting Diode (LED) indications, detector loops, wiring, video detection system,
conduits, luminaires, pull boxes, internally illuminated street name sign (IISNS),
signal controller and cabinet, meter pedestal with Uninterruptible Power Supply
(UPS), and Emergency Vehicle Preemption (EVPE).
The associated improvements include the widening of the shopping center
driveway and the installation of a raised median on Bonita Road as shown on the
attached plat. These improvements are necessary to provide for improved
circulation of traffic accessing the library and shopping center. More specifically,
these improvements include the installation of curb, gutter, sidewalk, street lights,
pedestrian romps installation of concrete and other improvements as shown on the
attached plat.
3. Total Construction Cost of Traffic Si,,m~al. The total cost for the construction
and delivery of the Improvements shall consist of all direct and indirect costs
incurred by City, or City's designee, in order to cause construction and
operation of the Improvement.
3.1 Bonita Center shall provide $75,000 to be used for the cost of design,
installation, and construction of the Improvements. Said funds shall be
delivered to City no later than 5:00 p.m. on January 30, 2004.
3.2 City shall provide the balance of the funds necessary for the design,
installation and construction of the Improvements, estimated to be Two
hundred twenty-five thousand dollars ($225,000).
4. Record Keeping. City, or City's designee, shall keep records of the costs of
constructing the Improvements in accordance with the City's general
. accounting practices and procedures.
5. Reimbursement of Bonita Centre. Bonita Centre shall be entitled to
reimbursement for the prorata share of the cost for the design, installation, and
construction of the Improvements if said Improvements are completed for less
than $150,000.
6. Assignment. Bonita Centre hereby agrees that the obligations, rights and
duties of City may be assigned.
7. Attorneys' Fees and Costs. The prevailing party in any action or proceeding,
including arbitration or declaratory relief, arising from this Agreement shall
be entitled to reasonable attorneys' fees and cost incurred therein.
8. Termination. This agreement is contingent upon the County proceeding to
construction with the Library. If the County fails to obtain a building permit
for a branch library at this location within one year from the date upon which
the proposed Library has received all required entitlements, this Agreement
may be terminated by either Party and all funds deposited pursuant to Section
3 above shall be returned the Parties.
9. Time of Essence. Time is of the essgnce of this Agreement and all provisions
hereof.
10. Covenant of Good Faith, Fair Dealing, and Cooperation. The Parties shall take
,~, no action which prevents or hinders the other party's performance of its
obligations created by this Agreement, or which deprives the other party of
the benefits hereof. The Parties shall act in good faith in performance of their
obligations, and shall assist and reasonably cooperate with each other in the
performance of this Agreement and in executing such documents and
performing such acts as are necessary to fulfill this Agreement.
I 1. Notices. Any demand upon or notice required or permitted to be given byone
party to the other party shall be in writing. Except as otherwise provided by
law, any demand upon or notice required or pemfitted to be given by one
party to the other party shall be effective (i) immediately upon personal
delivery, (ii) on the second business day after mailing by certified or
registered U.S. Mail, return receipt r~equested, or (iii) on the business day after
mailing by Express Mail or after deposit with a private delivery service of
general use, postage or fee prepaid as appropriate, addressed as shown below:
If to City: City Manager
City Of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
619-691-5031
:, If to Bonita Centre:
J hn S. O Meara, Manager
Bonita Centre LLC
567 San Nicolas Drive, Suite 207
Newport Beach, CA 92660
949-760-2776
12. Entire Agreement. This Agreement, and the exhibits and recitals incorporated
herein, fully express the understandings of the parties concerning the matters
covered herein. No change, alteration or modification of the terms or
conditions of this Agreement, and no oral understanding of the parties, their
officers, agents or employees, shall be valid unless made in a writing signed
by both Parties.
13. No Waiver. No failure of the Parties to insist upon the strict performance by
the other of any covenaut, term or condition of this Agreement, nor any failure
to exercise any right or remedy consequent upon a breach of any covenant,
term, or condition. No waiver of any breach shall affect or alter this
Agreement. Each and every covenant, condition and term hereof shall
continue in full force and effect notwithstanding any existing or subsequent
breach.
14. Severalibity. The uneforceability, invalidity or illegality of any provision of
this Agreement shall not render any other provision of this Agreement
unenforceable, invalid or illegal.
15. Municipal Powers. Nothing contained in this Agreement shall be construed as
a limitation upon the powers of the City as a chartered city of the State of
California. Bonita Centre hereby acknowledges and agrees that City retains
its full and sole discretion as to any and all matters which it is, by law, entitled
or required to exercise its discretion.
Signature Page to
Traffic. Sign al Installation
Funding and Improvement Agreement
City of Chula Vista
Steve Padilla
Mayor
Attest:
City Clerk
Approved as to form by
Ann Moore
City Attorney
DEC, 11,2003 3:39PM LEGAL DEPARTMENT NO,~'-~.~/, P. 2,,:~
A~amrican Go]t' Corporation,~
December11,2003
Ms. Elizabeth Wagner Hull
Deputy City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
By Facsimile (619) 409-5884 and Regular Post
Re'. Chula Vista Municipal Golf Course/Library and Museum Project
Dear Elizabeth:
I am writing to follow on your letter dated November 25, 2003 and our conversation
yesterday pertaining to the proposed library and museum project (the Project), and the
design and construction of attendant improvements. American Golf operates the City's
municipal golf course that will be located adjacent to the Project and a portion of the
Project's parking facility. The issues relating to the operation of the golf course in
connection with the Project are changes to the parking facility and the leasehold
interest, netting to prevent errant golf bails from entering the Project and its parking
facility, an indemnity and hold harmless running to the City and American Golf with
respect to errant golf balls and drainage along the first fairway. There was also a
discussion concerning maintaining design consistency' of the landscaping and signage
between the Project and the golf course.
With respect to the proposed changes to the golf course's parking facility as depicted in
the plans attached to your November 25 letter, and the resulting change in American
Golf's leasehold interest, American Golf accepts such changes and is prepared to
execute appropriate definitive agreements documenting same. The agreement will
reflect that golf course patrons and employees will have continuing access to the golf
course parking facility during construction. American Golf would also recommend that
the parking facilities and signage for the golf course and the Project be consistent from
an aesthetic point of view.
O:\Mark~Let[ers & Memos\Hull-ChulaVlsta Library Plan 12-11-03,doc
;~9~-] -28th Street * Santa Monica, California 90405 * Tel (3qo) 664-4000 * www.amorJca,lgt)~f.com
DEC. 11,2003 3:S9PM LEGAL DEPARTMENT N0,567! P, 3/3
Ms. Elizabeth Wagner Hull
December11,2003
Page 2
As I mentioned in our conversation yesterday, American Golf will be pleased to review
the proposed ptans of the netting along the first fairway that will be designed to prevent
errant golf balls from entering the Project· Our Regional Superintendent and Director of
Maintenance will assist the City and County in this regard. I have reviewed the
indemnity offered by the County to the City with respect to the operations of the golf
course. We would suggest that in addition to the indemnity running to the City, the
City's Lessee be included as an indemnified party. Alternatively, American Golf would
offer to the County a separate, Golf Play Easement that contains similar hold harmless
provisions. Please let me know how you would recommend proceeding in this regard.
During our conversation different drainage plans were discussed, including running
drainage under the first fairway. We also discussed the change in the permeability of
the lot once the Project is constructed. We look forward to participating with the City
and County in the drainage design.
Please let me know if you need anything further from American Golf at this stage of the
Project's development· I look forward to working with you as when we get to the
definitive agreements.
Regards, .~
, America, n Golf. C_~'rp,ofation
Mark J. ,Frieamam -'-
Gene~l Counsel
cc: Brian Jackson, Regional Director
O \Ma k\Le tar,s,& Memos\HurPChulaVista Libcar7 P an 2-1 -03 doc
AMERICAN'GOLF CORPORATION. 29!~ -28[h SLrcet. Santa Monica. California 90405 · Telephone (310) 664-~000
~ Planning & Building Department
CRYO~ Planning Division I Development Processing
CHULA VIS'rA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, pdor to any action upon mattem that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
COntract, e.g., owner, applicant, co~tractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization Or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
, ~/~r
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
5. Hes any pemon* associated ~th ~[s ~ntmct had any financial dealings with an o~dal" of the City of Chula
~s~ as it relates to ~is con~a~ ~thin the past 12 months. Yes ~ No ~
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you cnade a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No .L/Yes __ If yes, which Council member?
276 Fourth Avenue I Chula Vista I California { 91910 { (619) 691-5101
~ Planning & Building Department
aIYo~: Planning Division 1 Development Processing
CH ULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No
If Yes, which official** and what was the nature of item provided?
Signature of Contrac~or/.~pplicant
type name of Contractor/Applicant
Pemon is defined as: any individual, firm, co-padnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a boand,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue { Chula Vista { California { 91910 [ (619) 691-5101
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE COUNTY OF SAN
DIEGO FOR LEASE OF APPROXIMATELY 1.55 ACRES OF
LAND FOR THE CONSTRUCTION AND OPERATION OF
THE BONITA BRANCH COUNTY LIBRARY AND
HISTORICAL MUSEM/PUBLIC SAFETY CENTER, AND
APPROPRIATING FUNDS THEREFORE.
WHEREAS, the City owns certain property, including approximately 1.55 acres of land
and all improvements located upon the property, at Bonita Road adjacent to and west of Chula
Vista Municipal Golf Course parking lot in the City of Chula Vista (as diagrammatically
represented on Exhibit 1); and
WHEREAS, the County desires to lease said property and to construct certain
improvements thereto in order to establish the San Diego County Library - Bonita Branch and
Bonita Historical Museum/Public Safety Center; and
WHEREAS, City has determined that locating a library on the identified site will assist in
meeting the need for library services needs of the citizens in the surrounding area; and
WHEREAS, the City and County entered into a non-binding Letter of Intent, dated
March 11, 2003, approved by the County on March 11, 2003 and adopted by City Resolution
2003-091, declaring their intention to pursue locating a branch County library on this site; and
WHEREAS, City desires to lease said property to County for said purpose; and
WHEREAS, the lease provides for the County to construct, at City's cost, certain
improvements on the adjacent City retained land; and
WHEREAS, such improvements on the City retained land include an enhanced signalized
intersection, drainage, and paving for parking purposes; and
WHEREAS, said improvements are estimated to cost $550,000; and
WHEREAS, on October 15, 2003 a duly verified application was filed with the City
Planning and Building Department by the County Department of General Services, requesting
approval of a Conditional Use Permit to allow the construction and operation of a 10,050 square
foot Branch Public Library and 4,400 square foot Historical Museum/Public Safety Center, and
56 space parking lot; and,
WHEREAS, the development of the Project Site has been the subject matter of a
Mitigated Negative Declaration (BonitadSunnyside Library, Project # KL9540) previously
adopted on December 9, 2003 by the County Board of Supervisors, the lead agency pursuant to
the California Environmental Quality Act; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA), and has determined that
the proposed project was adequately covered in the previously adopted Mitigated Negative
Declaration for the Bonita/Sunnyside Brach Library, Project # KL9540(adopted December 9,
2003, by the County Board of Supervisors). Thus, no further environmental review or
documentation is necessary; and
WHEREAS, the City Council considered all reports, evidence, and testimony presented
with respect to subject agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Lease Agreement between the City and the County, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby grant the City Manager
the authority to approve up to one ten-year extension of said Lease Agreement.
BE IT FURTHER RESOLVED that the City Council does hereby appropriate $250,000
from the available balance of the General Fund for the costs associated with the City funded
improvements identified in said Lease Agreement.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Lease Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
James D. Sandoval ~~~/?
Director of Planning and Building
HSattomcy\Bonita Library lease agreement reso doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE BONITA CENTRE,
LLC, REGARDING CONSTRUCTION OF IMPROVEMENTS
RELATED TO THE BONITA BRANCH COUNTY LIBRARY
AND HISTORICAL MUSEUM/PUBLIC SAFETY CENTER,
AND APPROPRIATE FUNDS THEREFORE.
WHEREAS, the City and County of San Diego desire to enter into a Lease Agreement, to
construct a branch public library and historical museum/public safety center, on City property
located on the north side of Bonita Road, west of the Chula Vista Municipal Golf Course
Clubhouse ("Library"); and
WHEREAS, on October 15, 2003 a duly verified application was filed with the City of
Chula Vista Planning and Building Department by the County of San Diego, Department of
General Services, requesting approval of a Conditional Use Permit to allow the construction and
operation of a 10,050 square foot Branch Public Library and 4,400 square foot Historical
Museum/Public Safety Center, and 56 space parking lot; and,
WHEREAS, the development of the Project Site has been the subject matter of a
Mitigated Negative Declaration (Bonita/Sum~yside Library, Project # KL9540) previously
adopted on December 9, 2003 by the County Board of Supervisors, the lead agency pursuant to
the California Environmental Quality Act; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA), and has determined that
the proposed project was adequately covered in the previously adopted Mitigated Negative
Declaration for the Bonita/Sunnyside Brach Library, Project # KL9540 (adopted December 9,
2003, by the County Board of Supervisors). Thus, no further environmental review or
documentation is necessary; and
WHEREAS, the City Council of the City of Chula Vista will hold an advertised public
hearing to consider the Conditional Use Permit on December 16, 2003, and consideration ora
Traffic Signal Installation Funding and Improvement Agreement with Bonita Centre, LLC
(Agreement), Lease Agreement with the County of San Diego; and
WHEREAS, Bonita Centre LLC owns the real property located at and adjacent to 4404
Bonita Road ("Shopping Center"); and
WHEREAS, the City and Bonita Centre desire to improve the traffic flow in the area of
the Library and Shopping area by installing a new traffic signal and related improvements at the
intersection of Bonita Road and the access to the Library and Shopping Center"; and
WHEREAS, the City and Bonita Centre believe the improved traffic flow will be
beneficial to the City, County Library and Shopping Center, and the City and Bonita Centre
would like to jointly fund the installation of said traffic signal and related improvements; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve in substantially final form and subject to review by the City Attorney
an Agreement between the City of Chula Vista and Bonita Centre LLC for installation of the
improvements, 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 for and on behalf of the City of Chula Vista.
BE 1T FURTHER RESOLVED, that the City Council does hereby appropriated $225,000
from the available balance of SLTPP Transportation Partnership Fund (#735) and $75,000 from
the available balance of the Traffic Signal Fund (#225).
Presented by Approved as to form by
~)airn~;}oSraonfl~IVa2ing and Building ~'~y~At~o°~ey d'
ll:\attomey\bonita center agreement reso.doc
RESOLUTION NO.
RESOLUTION GRANTiNG A CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION AND OPERATION OF THE BONITA BRANCH
COUNTY LIBRARY AND HISTORICAL MUSEUM/PUBLIC SAFETY
CENTER.
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and for the purpose of general description,
herein consists of 65,883 square feet (1.55 acres) located adjacent to 4475 Bonita Road
("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on October 15, 2003 a duly verified application was filed with the City of Chula
Vista Planning and Building Department by the County of San Diego, Department of
General Services, ("Applicant") requesting approval of a conditional use permit to allow the
construction and operation of a 9,900 square foot Branch Public Library and 4,400 square
foot Historical Museum/Public Safety Center, and 56 space parking lot ("Project"); and,
C. Lease Agreement
WHEREAS, on 2003, the City of Chula Vista (City) and the County of San Diego
(County) entered into a lease agreement wherein the City agrees to lease the Project Site to
the County for the construction and operation of the project, and said lease agreement was
approved by the County on December 9, 2003; and,
D. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of a
Mitigated Negative Declaration (Bonita/Sunnyside Library, Project # KL9540) previously
adopted by the County on December 9, 2003; and
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
December 10, 2003, and after staff presentation and public testimony, voted to
recommend that the City Council approve the Project, in accordance with the findings-and
subject to the conditions listed below; and,
Resolution
Page 2
E. City Council Record of Applications
WHEREAS, the City Clerk set the time and place for a hearing on said Conditional Use
Permit application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10
days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely December 16,
2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed; and,
WHEREAS, the City Council considered all reports, evidence, and testimony presented at
the public hearing with respect to subject application.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby finds, determines and
resolves as follows:
II. PLANNING COMMISSION RECORD
The proceedings and ali evidence introduced before the Planning Commission at their public
hearing on the Project held on December 10, 2003, and the minutes and resolutions resulting
there fi'om are hereby incorporated into the record of this proceeding.
IlL COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the proposed project was adequately covered in the previously adopted Mitigated
Negative Declaration for the Bonita/Sunnyside Brach Library, Project Number KL9540
(adopted December 9, 2003, by the County of San Diego Board of Supervisors, the lead
agency for this project under CEQA). Thus, no further environmental review or
documentation is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the proposed project has been reviewed in accordance with the
California Environmental Quality Act, and the Environmental Review Procedures of the City
of Chula Vista, and has determined that the proposed project was adequately covered in the
Resolution
Page 3
previously adopted Mitigated Negative Declaration for the Bonita/Sunnyside Brach Library,
Project Number KL9540 (adopted December 9, 2003, by the County of San Diego Board of
Supervisors, the lead agency for this project under CEQA), and as such reflects the
independent judgment of the City Council of the City of Chula Vista.
V. NOW, THEREFORE, BE 1T RESOLVED THAT THE CITY COUNCIL FINDS AS
FOLLOWS:
THAT THE PROOSED USE AT THIS LOCATION IS NECESSARY OR DESIRABLE TO
PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL
WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY
Approval of the project will allow the applicant to provide a higher level of essential
public services to the community, including library services, a community meeting room,
and a local history museum. The facility will be an important architectural and civic
landmark for the Bonita community. Its location is desirable for provision of public
services because the site is in a highly visible and conveniently accessible location.
THAT SUCH USE WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR
CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY, OR GENERAL WELFARE OF
PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY
OR [MPROVEMNENTS IN THE VICINITY
The project will provide improvements that will ensure that auto and pedestrian traffic flows
smoothly in an out of the site, including adequate off-street parking, a realigned shared
driveway access with the adjacent Municipal golf course, a new traffic signal, and a
pedestrian trail connection. The architectural and landscape design is subject to review and
approval by the City Zoning Administrator, to ensure that it will be compatible with that of
the surrounding community. Safety improvements have been built into the project to
minimize potential safety impacts from the project's adjacency to the golf course. The hours
of operation of the project will be similar those of the adjacent commercial and recreational
uses. Thus, the project will be compatible with the surrounding neighborhood., and will not
be detrimental to the health, safety, and general welfare of the persons residing and working
in the vicinity.
THAT THE USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS
SPECIFIED IN THE CODE FOR SUCH USE.
The use is consistent with the requirements of the Visitor Commercial Zone, and project
conditions of approval require the operation to be in continuing compliance with all
applicable city codes and regulations.
THAT THE GRANTING OF THE CONDITIONAL USE PERMIT WILL NOTADVERSELY
Resolution
Page 4
AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY
GO VERNMENTAL AGENCY.
The project will not adversely effect implementation of the General Plan and will not alter
the land use pattern of the area because the proposed public facility use is permitted in the
commercial general plan and zoning designation for the site, upon approval of a
Conditional Use Permit.
VI . BE IT FURTHER RESOLVED THAT THE CITY COUNCIL 1N LIGHT OF THE
FINDiNGS ABOVE, hereby grants approval of the Conditional Use Permit subject to
compliance with the following conditions of approval:
1. Provide written evidence to the Director of Planning and Building by June 15, 2004,
that the applicant has implemented, or caused the implementation of all mitigation
measures and critical project design elements pertaining to the Project identified in
Mitigated Negative Declaration (M.N.D.)for the Bonita/Sunnyside Branch Library,
Project Number KL9540, as adopted on December 9, 2003 by the County of San Diego
Board of Supervisors. Any such measures not satisfied by a specific condition of this
Conditional Use Permit approval shall be implemented to the satisfaction of the
Director of Planning & Building. Mitigation Measures shall be monitored via the
Mitigation Monitoring and Reporting Program approved in conjunction with the
above-referenced M.N.D.
2. Comply with requirements of the Chula Vista Fire Department Standard Operating
Guidelines and other project-related Fire Department requirements, prior to the
delivery of combustible materials to the site and prior to approval of construction
drawings, to the satisfaction of the City Fire Marshall.
3. Obtain approval of grading and improvement plans to the satisfaction of the City
Engineer by March 16, 2004.
4. Obtain City approval of detailed landscaping, irrigation and water management plans
by June 15, 2004, which shall include the following:
a.) Details of the pedestrian/equestrian trail connection, including drainage across the
trail;
b.) Submit separate landscape plans on City "D" sheets for areas maintained by the
City;
c.) Plans should clearly identify and differentiate areas maintained by the City vs.
areas maintained by the County.
d.) Plans should reflect approved site improvements, grading and boundaries.
Resolution
Page 5
The following conditions of approval will remain in effect after use or occupancy of the project
has commenced:
5. Hours of operation shall be as follows:
Mondays, Tuesdays, Wednesdays, Thursdays and Fridays: i0 am to 9 pm;
Saturdays and Sundays 9 am to 5 pm; 7 days a week.
6. Comply with all applicable City ordinances, standards, and policies except as otherwise
provided in this Resolution. Any violation of City ordinances, standards, and policies,
or any condition of approval of this Conditional Use Permit, or any provision of the
Municipal Code, as determined by the Director of Planning and Building shall be
sufficient grounds for revocation or modification of this Conditional Use Permit by the
City of Chula Vista.
7. This permit shall be subject to any and all new, modified, or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which City shall impose after advance written notice
to the permittee and after the City has given to the permittee the right to be heard with
regard thereto. However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive permittee of a substantial revenue source,
which the permittee can not, in the normal operation of the use permitted, be expected
to economically recover.
8. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Council or any approval by its
agents, officers, or employees with regard to this Conditional Use Permit, provided the
City promptly notifies the Applicant of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense.
9. This Conditional Use Permit shall become void and ineffective if not utilized within
one year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code.
10. The property owner and Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant have
each read, understood and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the Applicant, and a signed stamped copy returned to the Plamfing
Resolution
Page 6
and Building Department. Failure to return a signed copy and stamped copy of this
recorded document within thirty days of recordation to the Planning and Building
Department shall indicate the applicant's desire that the Project be held in abeyance
without approval. Said document shall also be on file in the City Clerk's office and
known as Document No.
Signature of Representative of Property Owner Date
Signature of Representative of Applicant Date
VIii. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition all certificates or occupancy issued under
the authority of approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are
gained by Developer or a successor in interest by the City's approval of this Resolution.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision, and condition herein stated; and that in
the event that any one or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
James Sandoval 'Anll/Moore ~]
Director of Planning and Building City Attorney
(H:\Planning\RichardZ\Pcc04-27Cup-ccReso.doc)
CHULA VISTA PLANNING Ah D BUILDING DEPARTMENT
LOCATOR P.O~ECT PROJECT O~SC.~PT~ON:
,~PUC.~m-: BONITA/SUNNYSIDE
BRANCH LIBRARY CONDITIONAL USE PERMIT
PROJECT Vacant lot west of the Chula Vista
ADDRESS: Municipal Golf Course clubhouse Request: Proposing: New County of San Diego Branch Library
with community meeting mom and local history musem.
~: IF'L~"u~"~": Exhibit A
NORTH No ScaJe PCC-04-027
~'~"~'~'Y*"~l""~*""'u"~*ors04\pcc04027.cdr 11,26,03
COUNCIL AGENDA STATEMENT
Item No.: / ~-'
Meeting Date: 12/16/2003
ITEM TITLE: Status Report on Processing and Site Options for Sweetwater Union
High School District, High School #13 in Otay Ranch
SUBMITTED BY: Director of Planning and Building~
REVIEWED BY: City Manager('~9~j~ (4/5tbs Vote: Yes No X )
This information report is to provide the City Council a general update of the status of high school
development within Otay Ranch, with emphasis on the following:
1. Reiteration of the respective roles of the Distr~cts and the City in the implementation of schools;
2. Schedule and status of processing for the Sectional Planning Area plan for Village 7, in support
of the implementation of High School # 13; and,
3. Staffs approach in response to the City Council's direction of August 19, 2003 to complete
parallel processing £or an alternative High School #13 site in Village 10, the "University Site".
This information report w~ll provide the basis for the City's response to the request of the Ad Hoc
Schools Task Force meeting of November 20, 2003, wherein staffs of the City and school dislyicts
were asked to provide a status report on school cons~xuction to the meeting of January 22, 2004. A
key component of this report will be the status of the entitlement processing in support of the
construction of High School #13 by the Sweetwater Union High School Dislyict (SUHSD).
RECOMMENDATION:
Staff recommends that the City Council hear and discuss this status report.
BOARDS/COMMISSIONS RECOMMENDATION:
None.
BACKGROUND:
The following key events relate to the current efforts to entitle and Produce High School #13:
Page 2, Item:
Meeting Date: _L2Llfak03
o March 3, 2003 -- The Joint City / Schools Task Force hears a report regarding the need for
the next high school in eastern Chula Vista. Th/s school is identified by the District as High
School//13. The conclusion of the SUHSD staffpresentation is that, based on preliminary
demographics, this school is needed for a summer, 2006 opening. A timeline reducing a
normal five-year selection and construction process is proposed to be compressed to 3.5
years. According to the District, this necessitates the selection of a site for before the end of
June 2003. The timeline presented allowed a 12-month entitlement and design processing
period, to be completed by July, 2004.
o March - June, 2003 - Group meetings are held amongst City and SUHSD staffand Otay
Ranch landowner representatives. The purpose o£the meetings is to identify possible sites
and to ascertain the student enrollment projections. A presentation on May 21 by Davis
Demographics convincingly documents the calculations leading to the need date for High
School #13, based on a combination of new housing and advancing student quartiles in
existing households. Also on May 21, McMillin Companies puts forth a proposal to provide
access, utilities and grading for a site, in exchange for expedited processing of a portion of
Sectional Planning Area Plan for Otay Ranch Village 7. McMillin's ownership takes in the
northern portion of the high school site as shown on this proposal; the remainder is owned by
the Stephen and Mary Birch Foundation.
o July 15, 2003 - Staff presents it's work program for expedited processing of the Village 7
SPA to the City Council. That report proposes a 60-week processing schedule, cutting in
excess of three months off of any previously completed Otay Ranch SPA processing timeline.
Some time saving to be achieved by waiving certain bidding procedures for contracts,
allowing immediate commencement of consultant efforts upon selection. Staffpledges to
study alternative locations and methods of achieving the high school within Village 7, as
required by sound planning practice and the California Environmental Quality Act.
Discussion at the meeting centers on evaluating an additional site, within Village 10 on lands
owned by the City and held for development of a university. Staff is directed to report back
on the advisability of including that work program component.
o August 19, 2003 - Staffpresents to the City Council an evaluation of the alternatives
intended for study and recommends strongly against including the "university site" as an
alternative. Staffdid not reject the possibility that the university site may prove to be a good
location for a future high school complementing the design and mission of the university
itself. However, staffrecommended against the use of that location for High School #13, so
as to preserve maximum attraction and utility of the site for the prescribed university use. On
the basis of providing the broadest possible set of options in support of SUHSD's quest for
the timely availability of a site, the City Council directed staff to simultaneously complete
processing for both the Village 7 SPA and the necessary amendments for the university site
for public hearings in 2004.
2
Page 3, Item:
Meeting Date: 1211
Since the August 19, 2003 City Council meeting, a SPA application has been submitted by
McMillin and processing has been undertaken, the status of which is discussed below. Staff has
also prepared a budget for processing the university site amendments. The cost and extent of
those amendments were daunting, but recently a suggestion for an alternative approach has been
forwarded which will provide a timely and cost effective means for staffto fulfill the City
Council's direction regarding this alternative location.
On November 20, 2003, the Ad Hoc Schools Advisory Committee held it's formative initial
meeting. Staff of the two school districts and the City have been asked to provide a status
update, which is part will be fulfilled by the information contained in this report.
DISCUSSION
Rol~.v of tba Di. vt~'ct.v and the City in .~cbool Trn, nlernantatir~rl
First and foremost, it is critical to this discussion that the relative roles of the school districts and
the City be made clear. The report of August 19, 2003 contained the following paragraph:
Finally, it is essential that all parties be clear on the role of the City of Chula
Vista in the ultimate delivery of a school site for High School #13. State law
provides that cities may designate the locations for schools on their General
Plans, but that the ultimate selection and acquisition of a school site is the sole
responsibility of the school district. Thus, although city staff has done and will
continue to do the best possible job to facilitate a school site finalization through
expedient processing of the Village 7 SPA, and has recommended that the site be
within Village 7 as a matter of consistency with the General Plan, the ultimate
determination of site and acquisition is the responsibility of the Sweetwater Union
High School District.
While accurate, this description of the roles perhaps did not go far enough in stating what are
plainly facts of lawr
o Cities are prohibited from limiting new housing construction on the basis of school capacity;
and,
o School districts may ignore local zoning and planning for the purpose of selecting sites and
building schools.
These points are documented in detail by the memorandum of law issued by the City Attorney in
November 1, 2002 for the City Council and the Schools Task Force (Attachment 1). State Law
thus assigns the responsibility for accommodating student populations solely to the school
3
Page 4, Item: ~ ~
Meeting Date: ~
districts. Further, only a school district may undertake condemnation of property for the
purposes of building a school - cities may not do so on their behalf.
The City of Chula Vista, the school districts and the major developers doing business here have a
long history of working cooperatively to meet the facilities needs of new communities, especially
in providing schools. In Otay Ranch, that cooperation has led to logical timing and planning, and
the appropriate placement of schools within the fabric of the City's neighborhoods. As a result,
the public is left with the logical impression that the City's plans dictate and result in the design
and timely construction of schools. The City's desire to complete the Village 7 SPA and make
amendments to its General Plan to accommodate High School #13 continues that impression.
Ultimately, however, if the SUHSD projects an unmet need demanding that High School #13 be
constructed at a particular future date, it alone has both the capability and the responsibility of
meeting that need.
,~chadula and ,~tamx nf tha Villa~a 7 SPA
The present timeline for the completion of the Village 7 SPA, containing the High School #13
location proposed by McMillin, is shown on Attachment 2. The completion of this SPA process
is currently projected to be late October, 2004. That date reflects the following factors,
1. The 60-week work program as approved July 15, 2003, which would have placed completion
in mid-September 2004, had an application been in hand on that date;
2. Receipt of the initial SPA submittal by the applicant as of August 1, 2003; and,
3. Delays due to a current and ongoing validation of traffic forecasts by the San Diego
Association of Governments.
As staff indicated in its July report, fulfilling the ambition of the 60-week processing timeline
requires optimal performance on the part of staff, the applicant, other stakeholders and external
agencies. On basis of the foregoing, the timeline extends unavoidably beyond the period first
projected by the SUHSD.
Revi.ved Approach t~ prnaas.ting the "[fniwrxi~, NRa"
When staff reported to the City Council on August 19, 2003 regarding the university site
alternative, two predictions were advanced based on the work that had previously been done on
the Otay Ranch High School. First, a cost of up to $500,000 was projected. This amount would
necessarily come from the General Fund, since no applicant existed to assemble the plans or
contribute to a deposit account. Secondly, staffprojected that the effort would add 60-120 days
to the work program timeline. The approach included doing "SPA-level" studies to particularly
identify a site for the high school and producing map and text amendments to the Village 11 SPA
4
Page 5, Item:
Meeting Date: 12/1
and General Plan, as was done for Otay Ranch High School in Village 2. Staff set about
assembling bids and a work program for this effort and essentially confirmed these preliminary
estimates.
Recently, on the basis of a suggestion from the City Attorney, staff has investigated and now
intends to pursue an alternate approach for Village 10 that is still consistent with City Council
direction. Staff will instead abbreviate the process by simply including the potential university
site high school within the General Plan Update / Otay Ranch General Development Plan
Amendment which is currently in process. The result would be a non-specific designator
showing a high school site within Village 10. This designator would be similar to the one that
has existed within Village 7 and upon which that SPA can be processed without a General Plan
Amendment. Concept "B" for Otay Ranch, as displayed at the recent public workshops, in fact
indicates such a potential proposal. Since the GPU/GDP is on track to finish before the
completion of the Village 7 SPA, the Council's direction to make such an option available will
have been met. This approach will also assist staff in more broadly evaluating if the university
site represents an appropriate location for a future high school, subsequent to High School #' 13.
Staff will continue to investigate other processing alternatives to be held in reserve should the
General Plan schedule be delayed.
CONCLUSION:
City staff remains committed to doing everything possible to expedite the logical and orderly
planning to accommodate High School #13. While some predicted processing impediments
have and will occur to complicate this planning, staff values the cooperative approach that will
be needed by both the City and SUHSD to meet the daunting timeframes that emerged early this
year.
FISCAL IMPACT:
None with this status report. Staff time and costs for the analysis of Village 10 to include a high
school designator would be included within the expenses of the General Plan Update.
ATTACHMENTS:
1. Memorandum of Law, Ann Y. Moore, City Attorney, November 1, 2002.
2. Village 7 SPA Processing Timeline
H:~PLANNINGUimI-BV7 HS 13 Status 121603\CCSlatusAgenda.doc
5
CI-IY OF
CHUIA VISI'A
OFFICE OF THE CITY A'i-i'ORNEY
MEMORANDUM OF LAW
DATE: November 1, 2002
TO: City/Schools Community Task Force
FROM: Ann Y. Moore, Senior Assistant City Attorney
SUBJECT: SB 50
The Chula Vista City Council approved the creation of a joint agency task force
comprised of members of the public and representatives from the Sweetwater Union High
School District and Chula Vista Elementary School District ("Task Force"). The Task
Force was formed in response to community concerns of high enrollment at local schools.
A number of questions have arisen concerning the City's ability to address the impact of
development on school facilities. The Task Force requested our Office provide an
overview of the key legal principles that pertain to the City's ability to regulate school
facilities.
B~CKGROUND
The legal authority that enables cities or counties to provide for public
infrastructure, such as parks, libraries and schools, is derived from a local agency's police
powers and statutory authorization established by the Legislature. The common law
recognized the police power of a city or county to regulate land use to protect the public
health, safety and welfare of its residents. Berman v. Parker, (1954) 348 U.S. 26 (75
S.Ct. 98). See also Metro media, Inc. v. City of San Diego, (1980) 26 Cal.3d 848, 861.
However, a city or county may not regulate pursuant to its police powers in an area
preempted by state law. Candid Enterprises. Inc., v. Grossmont Union High School
District (1985) 39 Cal.3d 878, 885.
In 1986, the Legislature adopted the School Facilities Legislation (commonly
'known as the "Sterling Act") that capped the amount of school fees that could be charged
for residential, commercial and industrial development. The Sterling Act declared the
financing of school facilities a matter of statewide concern and the Legislature occupied
School Task Force
November 1, 2002
Page 2
the subject matter to the exclusion of all local measures. In addition, the Sterling Act
amended former Government Code § 65996 to prohibit public agencies from denying a
development project under the California Environmental Quality Act ("CEQA") (Public
Resources Code § 2100 et seq.) or the Subdivision Map Act (Government Code § 66410
et seq.) because of the inadequacy of school facilities.
Beginning in 1988, the courts expanded the power of local agencies to deal with
the impacts of development on schools. A line of appellate cases interpreted the phrase
"development project" to apply only to quasi-adjudicatory actions such as fentative map
approvals and not to legislative decisions like general plan amendments~. The courts held
that cities and counties could consider the availability of school facilities when making
legislative decisions. Mira Development Corp. v. City of San Diego, (1988) 205 Cal.
App.3d 120I (the Court held a rezoning application denied on basis of inadequate school
facilities is not a development project subject to school facilities law); William S. Hart
Union High School Dist. v. Regional Planning Commission, (1991) 226 Cal. App3d 1612
(the Court determined that the school facilities law did not prohibit an agency from
denying a zoning change based on inadequacy of school facilities where a zoning change
is an essential condition of the project); and Murrieta Valley Unified School Dist. v.
County of Riverside (1991) 228 Cal. App.3d 1212 (the school facilities law did not
preempt authority and duty of county to examine the environmental impact of a general
plan amendment on schooI facilities and to impose appropriate mitigation measures).
The courts in the Mira-Hart-Murrieta trilogy of cases allowed cities and counties
to conditionally approve or deny legislative approvals for development projects based
upon the inadequacy of school facilities. This gave local jurisdictions an avenue in which
to encourage developers to fully mitigate the impacts on schools caused by new
development.
In 1998, the Legislature enacted Senate Bill 50 ("SB 50"), which made significant
amendments to the statutory scheme for imposing school fees. SB 50 included a $9.2
billion state bond measure, wl-rich was approved by the voters as Proposition lA in the
November 3, 1998, general election. SB 50 is based upon the premise that the financing
of school facilities and the mitigation of land use approvals for such facilities is a matter
ofstatewide concern. Therefore, only the State should be responsible for the financing of
~ A legislative act involves the enactment of legislation that established a broad, generally
applicable role of conduct on the basis of general public policy. San Diego Building Contractors
Assn. v. City Council, (1974) 13 Cal.3d 205,213. In addition, only the governing body ora city
or county may make legislative decisions. Kuglar v. Yocum, 69 Cal.2d 371 (1968) and Groch v.
City of Berkle¥, (1981) 118 Cal. App.3d 518. A quasi-adjudicatory decision describes an
individual development project that is considered in accordance with standards and policies. It
involves the application ora rule to a specific set of existing facts. Pacific Corp. (1983) 149 Cal.
App3d at 175.
J:',Attomey~ANN~SB5 01 .M OL.doc
CITY O~ CHULA VISTA
School Task Force
November 1, 2002
Page 3
such facilities. SB 50 also invalidated the Mira-Hart-Murrieta trilogy of cases that
previously held that the limitations regarding permissible methods of mitigating school
facilities did not apply to projects requiring legislative approvals. Instead, the fee
provisions of SB 50 now provide the only mitigation for school facilities for all
development projects, whether legislative or quasi-adjudicatory in nature?
ANALYSIS
In general, a city or county may impose land use regulations providing for public
infrastructure when such actions are reasonably related to the public welfare. However,
with respect to school facilities, the Legislature has "preempted" the field. The
Legislature has determined that the financing of school facilities and the mitigation of
development based on the need of such facilities are of such state importance that state
law should take precedence over local rules. In particular, Government Code § 65995(e)
provides:
...For this reason, the Legislature hereby occupies the subject
matter of requirements related to school facilities levied or
imposed in connection with, or made a condition of, any land
use approval.., on the need for school facilities to the
exclusion of alt other measures, financial or no financial, on
the subjects.
Thus cities, like Chula Vista, are specifically excluded from imposing
development requirements regarding school facilities in a manner inconsistent with state
law on the subject. This means that only school districts can provide mitigation for
school facilities by imposing the school impact fees authorized by state statute under
Education Code § 17620.
However, the most significant change resulting from the passage, of SB 50
concerns the local agency's ability to condition its legislative actions to mitigate the
impact of development on schools. SB 50 amended Government Code § 65995(a) to
prohibit cities fi-om imposing conditions in connection with any "adjudicative or
legislative act." In addition, Government Code § 65995(b) specifically eliminated a city's
ability to deny a "legislative or adjudicative" act based on inadequate school facilities.
-' SB 50 provides for three levels of statutory fees. The level of 4'ee imposed depends on whether:
(1) State funding is available; (2) the school district is eligible for State funding; and (3) the
school district meet certain additional criteria. (Government Code § 65995 and Education Code
§ 17071.75(a) and § 17072.20Co).) This analysis occurs among the school districts and State
Allocation Board.
J:kAttorn eykANN~S B5 01 .MOL.doc
CiTY OF CHULA VISTA
School Task Force
November 1,2002
Page 4
These two statues effectively repealed the Mira-Hart-Murrieta line of cases that
allowed local agencies to either deny or conditionally approve legislative land use
decisions for development projects based upon a project's impact on school facilities.
For most jurisdictions, common legislative actions include the adoption of planning and
zoning ordinances or the General Plan.
In the City of Chula Vista common legislative acts include the adoption or
amendments of General Development Plans ("GDP'), Sectional Planning Area ("SPA")
Plans or Public Facilities Finance Plans ("PFFP"). These planning documents are unique
to Chula Vista and are used by the City to provide for the systematic planning and the
implementation of such planning within specific areas of master developers such as
Eastlake or Otay Ranch. In particular, the PFFP document is used by the City to describe
the types and timing of constructing the public facilities that would be needed as a result
of the development of a project. Schools were historically considered and dealt with in
this analysis. For Chula Vista, the invalidation of the Mira-Hart~Murrieta line of cases,
means the City can no longer consider the adequacy of school facilities when considering
a development project's GDP, SPA or PFFP documents. In addition, the City can no
longer condition the approval of such documents in order to mitigate school impacts.
This suspension of local authority will last until at least 2006. At that time,
depending on Legislative and electorate action, the suspension may or may not continue.
If the voters approve a school bond initiative in 2006 or thereafter, the Mira-Hart-
Murrieta repeal will be lifted, and cities will again be able to deny or condition the
approval of a legislative decision involving a development project on the basis of its
impact on school facilities. If a bond measure is not placed on the ballot in 2006, the
suspension of the ability to deny a project will continue indefinitely. (Government Code
§ 65996(0 and § 65997).
Prior to the passage of SB 50, cities also used a number of other tools to mitigate
the impact of development on school facilities, such as requiring developers to dedicate
land for school facilities or to participate in a Mello-Roos Financing District for school
facilities. However with the passage of SB 50 such mechanisms are no longer available.
SB 50 amended Government Code § 65995(a) to prohibit state or local agencies
from imposing school impact mitigation fees, dedications or other requirements
(emphasis added) in excess of those provided in the statute in connection with "any
legislative or adjudicative act ... by any state or local agency involving ... the planning,
use or development of real property..." This means a city can no longer require the
dedication Of school ~il~fi ~:onn~ction with taking legislative actions such as approving
SPA Plans.
J:~AnorneyXANNXSBS01 .MOL.doc .~,~
CITY OF CHULA VISTA
School Task Force
November 1, 2002
Page 5
However, Government Code § 65998 still allows cities to reserve or designate real
property for school sites. Government Code § 65998(a) provides "Nothing in this [Act]
shall be interpreted to limit or prohibit the authority of a local agency to reserve or
designate real property for a school site." Therefore, local agencies can still designate
space for school facilities in its general plan or other planning documents. But cities can
no longer require the dedication of such property in connection with approving
development projects.
In addition, Government Code § 65995(0 and (g) was amended to prohibit cities
from requiring a developer to join a Mello-Roos district to finance school facilities as a
condition of approval of a legislative or adjudicative act. (Government Code § 65995(0
and (g).)
SB 50 is silent as to whether it preempts all local planning authority pertaining to
development impacts on schools. For instance, a question has been asked whether SB 50
impacts the City's ability to impose a building moratorium on development if there was a
violation of the City's Growth Control Ordinance's (Municipal Code § 19.09.010 et. seq.)
threshold standards for schools.
The City's Growth Management Ordinance is a program that identifies facilities
and improvements necessary to accommodate development and establishes a series of
threshold standards for a number of identified facilities (one of which are schools). It
provides that if the City Council determines, after a noticed public hearing, that a
deficiency exisis in one of the threshold standards, the City Council can decide to stop the
issuance of building or development permits until an amendment to the applicable PFFP
~vhich mitigates the deficiency is approved by the City Council. (Municipal Code
§ 19.09.100(c).)
Since SB 50 was enacted a relatively short time ago, there is no .case law- to turn to
with respect to interpreting the full extent of its application to other types of actions taken
by local agencies. Since there is no case law on this subject, we suggest looking at the
language of SB 50 for guidance. The Legislature clearly intended to occupy this field and
in a large part eliminate the ability of cities from exercising their police power to mitigate
school impacts. (Government Code § 65995(e).) Government Code § 65995(a) reads in
part:
"...a fee, charge, ... or other requirement for the
constmction...of school facilities may not be levied or
imposed in connection with...any legislative...act.., involving,
but not limited to, the planning, use or development of real
property..."
J:'~A. iXom eykANN\S B 501 .MOL.doc
CITY OF CHULA VISTA
School Task Force
November 1, 2002
Page 6
The City's Growth Control Ordinance was intended to provide the City ~vith a
mechanism to mitigate school impacts if necessary. The Growth Control :Ordinance
provides that the City Council with the ability to stop the issuance of building permits if
there is a threshold deficiency until a development project's PFFP is amended to mitigate
that deficiency. This clearly appears to contradict the intent of the Legislature in the
passage of SB 50 to limit the ability of cities to mitigate school impacts.
The question of whether SB 50 preempts all local planning authority will most
likely be the sub.~ect of future litigation. Therefore, due to the uncertainty ih this area of
law, we would advise the City take a conservative approach when considering taking any
action in connection with the Growth Management Ordinance pertaining to school
facilities. If the City is found to have acted inappropriately, it could trigger inverse
condemnation claims. In any event, SB 50 has no effect on the City's ability to exercise
its authority with respect to other threshold standards under its Growth Control
Ordinance.
SB 50 is also silent as to its impact on state and local laws requiring general plan
consistency and other consistency requirements. For instance, California Government
Code § 65300 mandates that all cities and counties adopt an adequate general plan. The
land use element of the General Plan is required to discuss the general distribution and
location of uses of land for education. (Government Code § 65302) However, local
agencies no longer have any authority to provide for such sites.
In addition, a number of laws require land use actions to be consistent with the
General Plan. Government Code § 65860 provides that all zoning ordinances be
consistent with the general plan. Alth?ugh, charier cites are excluded from this provision,
the City of Chula Vista adopted a similar consistency requirement. (Municipal Code
§ 19.06.030). Also, the court in Corona-Norco USD v. Corona (1983) 13 Cal. App.4th
1577, 1585, held that the Sterling Act preempted the use of the consistency doctrine as it
applied to subdivision maps under Government Code § 66473.5. This raises a number of
questions as to whether the same principles would apply to other consistency
requirements pertaining to land use decisions. No doubt such questions will probably be
the topic of future litigation.
Finally, SB 50 makes even the application of CEQA a great deal more difficult.
CEQA requires a city to prepare an EIR and propose mitigation measures for any
sign/ficant impacts that would result from the approval of a development project. In
addition, the local agency must make a finding for each significant impact; either that the
project has been changed to void or substantially reduce the impact or that mitigation
measures will be adopted. If the lead agency cannot make this finding, it must make the
finding that economic, social, legal, tecl-mical or other considerations make the mitigation
measure infeasible. (Guideline 15091) Under CEQA a project that has significant
J:LArtorney~ANN~,S B5 01 .MOL.doc
School Task Force
November I, 2002
Page 7
impacts that cannot be mitigated cannot be approved unless such a finding is made by the
local agency.
This means that as a result of the enactment of SB 50, even if a development
project has a significant impact on school facilities, the city cannot imPose any mitigation
measures on the project. In addition, a city could not deny the project on the basis of the
development project's significant impact on school facilities. Therefore, the local agency
would have to make a finding when approving the project that mitigation measures
pertaining to school facilities are legally infeasible because of the limitations placed on
local agencies by SB 50. It seems this approach would ensure procedural 6ompliance
with CEQA and allow the City to comply with the provisions of SB 50.
CONCLUSION
SB 50 has severely limited the options of cities to assist in the financing of new
school facilitates. Thus a planning and/or development project resulting in an impact on
school facilities: (1) may be approved with mitigation measures taken from those
identified in Government Code Section 65996(a); or (2) may be approved without
mitigation measures if none of the subdivision measures are feasible, or (3) may be
disapproved for a reason unrelated to school facilities impacts; but (4) may not be
disapproved or conditioned du~e to school impacts.
cc: Honorable Mayor and City Council Members
David D. Rowlands, Jr., City Manager
Sid Morris, Assistant City Manager
Bob Leiter, Director ofBuildifig & Planning
John Kaheny, City Attorney
J:XAt t orney~ANNLq B5 01 .MOL.doc
CITY OF CHULA VISTA
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5U'EET\}VATER
UNION HIGH SCHOOL DISTRICT
December 16, 2003
Honorable Steven Padilla
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Subj: High School Number 13/Council Agenda Item 15:
Dear Mayor Padilla and Council Members:
The Sweetwater Union High School District is attending this meeting tonight to clarify
for the City Council and the public several misconceptions about the timing and
processing of high school number 13.
First, at a Schools/City community task force meeting in March 2003, the district
indicated that under "the best-case scenario~, the district would select a site by June
30, 2003 (by district), the environmental review would be completed by April of 2004
(by City), grading permits would be issued by September 2004 (by City) and we the
district would start construction in early 2005, leading to a July 2006 phased opening.
That schedule presented to the Task Force i$ attached. It is critical to note that the
"best-case scenario" has simply not matetialized.
The City staff report before you notes several key dates:
· From March to June, 2003, group meetings were held amongst City and district
staff and the development community in order to select a site. While a number
of sites in Village 7 were considered, flo single site under single ownership was
offered as available for sale to the district. The best-case scenario would have
had a willing seller on a single site. Therefore, the District is proceeding with the
necessary studies to finalize the selection and purchase of the school site.
· On July 15, City staff presented to Council a work program to process a SPA
plan in Village 7, which affected five different properties owners. The district is
grateful for the McMillin offer to entitle ¡and grade a site that would accommodate
high school number 13, however McMillin does not own the entire site nor does
it have access to grade the site.
· On August 19, 2003 the Council directed City Staff to expedite the SPA and EIR
for Village 7 in order to finalize a site 'for high school 13. It is important to note
1130 FIFTH AVENUE CHULA VISTA CALIFORNIA 91911
PHONE (619) 691-5553 FAX (619) 420-0339
that without a willing seller, acquisition cannot occur until the CEQA process is
completed, currently planned for October 2004.
Secondly, the City Staff report repeatedly indicates that the ultimate determination of a
school site is the sole responsibility of the district. We certainly agree that it is our sole
responsibility to determine the location of a school site, however we must do that
generally within the context of a City's zoning and grading ordinances and
environmental review requirements. As you know our Staff's have worked
cooperatively in these areas.
The City Staff report also notes that the City cannot limit growth on the basis of school
capacity. However, the district does not have the legal authority to bring roads and
other critical infrastructure to our school sites, nor can we finance them. The district
likewise, cannot place caps on development'or even slow the pace of development if
the infrastructure is not there. These are the legal responsibilities of the City. The
district cannot provide development entitlements that bring critical grading
improvements and temporary utilities. Thi$ is the legal responsibility of the City.
Finally, the district cannot, from a financial standpoint, buy or condemn land for road
right-of-way nor can we force other entities to do so. However, taken together all of
these issues affect our ability to provide schoQls on time.
We all agree that our collective organizations need to work together to provide schools
for our community. If the current pace of horj1e-building continues in the City of Chula
Vista, we have projected the need for additional high school capacity by July of 2006.
While much progress has been made, working with your staff and the McMillin
Company, critical milestone dates for the City,are still ahead:
. The EIR and SPA for Village 7, under the jurisdiction of the City must be
adopted by October 12, 2004
. The City must issue a grading permit for Village 7 by October 13, 2004
I commit to you that we will do our part to meet the schedule and trust that the City will
as well. We look forward to continuing this, dialogue in the agreed-upon format and
setting, the Ad Hoc Community Task For¢e. As you know the next meeting is
scheduled for January 22,2004. At that time; we would also like to agendize the 6,000
additional units the City i$ contemplating in cøntext of the General Plan update and the
implications on school housing.
~~
Edward M. Brand, Ed.D.
Superintendent
1130 FIFTH AVENUE CHULA VISTA CALIFORNIA 91911
PHONE (619) 691-5553 FAX (619) 420-0339
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N N
COUNCIL AGENDA STATEMENT
Item: ~(~
Meeting Date: 12/16/03
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FY04 CAPITAL
IMPROVEMENT BUDGET AND APPROPRIATING $1,671,871
FOR FIRE COMPUTER AIDED DISPATCH (CAD)
INTERFACES AND EQUIPMENT FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND AND $585,000 FROM
THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FUND FOR A CAD MESSAGE
SWITCH AND CITY COUNCIL APPROVING THE FIRST
AMENDMENT AND AUTHORIZING THE MAYOR TO
EXECUTE ATTACHED FIRST AMENDMENT WITH THE
CURRENT CAD PROVIDER CROSS CURRENT FOR
DEVELOPMENT OF CAD INTERFACES NEEDED TO
TRANSITION DISPATCH SERVICES FROM HEARTLAND TO
THE CITY OF CHULA VISTA.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FY04 FIRE
DEPARTMENT BUDGET TO ADD ONE MID MANAGEMENT
FIRE COMMUNICATIONS MANAGER $52,491 AND RELATED
SERVICES AND SUPPLIES $36,500 AND APPROPRIATING
FUNDS FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND AND AMENDING THE MANAGEMENT INFORMATION
SERVICES BUDGET TO ADD ONE MID MANAGEMENT
MICRO COMPUTER SPECIALIST $48,107 IN JANUARY OF
2004 BY APPROPRIATING FUNDS FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND AND AMENDING THE
FY05 SPENDING PLAN BY $250,611 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND.
SUBMITTED BY: Fire Chief ~ =,~DR~
REVIEWED BY: C~ty Manage (4/5ths Vote: Yes X No __)
On October 7, 2003, Council took action to notify the Heartland Communications
Facility Authority (HCFA) of the City's intent to terminate the Joint Powers Agreement
for dispatch services on July 1, 2004. This agenda statement appropriates funds to
complete necessary computer aided dispatch interfaces needed to transition fire
dispatch services to the City of Chula Vista. Approval of this item will also
appropriate funds to hire a Fire Communications Manager and Microcomputer
Specialist position needed to facilitate the transition and staff the Fire and
Management Information Services departments.
RECOMMENDATION: That the City Council:
· Amend the FY 04 Capital Improvement Budget by $2,256,871 by
appropriating $1,671,871 from the available balance of the General Fund for
CAD interfaces and equipment and $585,000 from the available balance of
the Public Facilities Development Impact Fund for the purchase of a new
message switch; and,
· Approve the First Amendment to the Agreement with Cross Current
Corporation for Software Maintenance Services.
· Authorize the Mayor to execute the above said First Amendment with Cross
Current Corporation to develop interfaces needed to transition dispatch
services from HCFA to the City of Chula Vista. Interfaces include: Firehouse
(records management software), ARCH Wireless (paging services), Priority
Dispatch (emergency medical dispatching and call-screening) and Westnet
(station alerting).
· Amend the FY04 Fire Department budget to add one mid- management Fire
Communications Manager $52,491 and related services and supplies
$36,500 and amending the Management Information Services budget to add
one mid- management Microcomputer Specialist $48,107 in January of 2004
and amending the FY05 spending plan by $250,611.
BOARDSICOMMISSlONS RECOMMENDATION: N/A
BACKGROUND
In May 2001, the City Council adopted Resolution 2001-128, which amended the
F¥01 budget, appropriated $480,154 to the Fire Department and authorized the City
Manager to enter into a Joint Powers Agreement with the Heartland Communications
Facility Authority for fire dispatching services.
The Heartland Communication Facility Authority is a regional 9-1-1 and emergency
dispatch agency. Member agencies consist of the cities of El Cajon, La Mesa,
Lemon Grove, Santee, National City, Imperial Beach, Bonita and Coronado and the
fire protection districts of Alpine, East County, Lakeside and San Miguel. On a
contractual basis, HCFA also dispatches fire and medical services for several other
fire agencies.
On October 7, 2003, Council took action to notify the HCFA of the City's intent to
terminate the Joint Powers Agreement for dispatch services on July 1, 2004. The
Fire Department's re-examination of the JPA and the services provided was
prompted by several changes within HCFA. Specifically:
· An inadequate existing Joint Powers Agreement (JPA) with no guaranteed
accountability and/or clear lines of policy and administrative authority,
· The current HCFA Board of Commissioners as shown no realistic or
sustainable interest in re-writing the existing JPA to address several key
issues that are of major concern to Chula Vista.
· Ongoing frustrations and concerns at the Operations Committee level, which
dictates HCFA policy and daily operations and leads to a general lack of
flexibility to address the specific needs or issues of individual JPA agencies.
There are two main causes of these operational concerns, the first is the
philosophy that all agencies should be dispatched and operate in the same
manner regardless of specific agency differences. The second reason is that
the HCFA CAD system is not capable of adjustments to specific agency needs
or issues.
· Ongoing frustrations with the willingness of Fire Chiefs from different agencies
to address serious administrative issues and potential litigation, which impact
the proper functioning of the JPA and the HCFA.
· HCFA records management software is incomplete and unable to meet the
Fire Department's reporting requirements. Heartland's RMS software is still in
a development stage and does not allow the department to maintain fire
inspection records or generate reports such as the annual call for service
thresholds for the Growth Management Oversight Committee. HCFA current
RMS software continues to generate errors on a daily basis.
· Many of the advantages for transitioning to HCFA in 2001 can now be
duplicated and/or improved upon at an even higher level within the City of
Chula Vista's fire dispatch center.
· The current HCFA facility is not adequate to support the JPA's recent growth
of member and contract agencies. The long-term facility needs of HCFA must
be addressed to deal with the physical size, equipment infrastructure and
personnel expansion needs.
· The City of Chula Vista is the largest member agency that generates revenue
for the JPA. Under the current structure of the JPA and the subsequent Board
of Commissioners, Board of Fire Chiefs and the Operations Committee, Chula
Vista has little or no ability to guide operational, administrative or other policy
matters at a level commensurate to the City's level of need, risk and financial
obligation.
DISCUSSION
Since the Council meeting of October 7, 2003, fire staff in coordination with several
other city departments has been working on the transition of fire dispatch services
from HCFA to the City of Chula Vista. Approval of this agenda statement will begin
the transition process. First, it creates a capital improvement project for CAD
interfaces/equipment and amends the existing agreement with Cross Current
(CCCAD, the City's current CAD provider) to develop the needed interfaces
necessary to complete the transition. Second, it amends the Fire Department budget
to add a Fire Communications Manager position to manage the fire dispatch center
and amends the MiS budget to add a Microcomputer Specialist to handle the fire
related technology issues of the dispatch center.
There are three major cost components associated with this project - dispatch
personnel, interface/equipment, and facility costs.
Personnel Cost
The most costly component of the fire dispatch center will be staffing. In an effort to
save money, without compromising dispatch service delivery, an analysis of total
telephone and dispatched call-volume as they relate to different staffing alternatives
is being evaluated. There are two fire dispatch center staffing alternatives under
consideration. The first plan is a 3/12 plan for all Fire Dispatchers and the Fire
Dispatcher Supervisors. The second plan is a blended 3/12 and 4/10 plan with the
Fire Dispatcher Supervisors working a 4/10 schedule.
At this time it appears that the most efficient and cost-effective solution is the 3/12
plan. It is consistent with fire dispatch staffing models used by other fire dispatch
centers within San Diego County and it provides the required dispatcher coverage
while minimizing the number of dispatchers needed to staff the fire dispatch center.
By utilizing the 3/12 plan, the fire department would staff the dispatch center as
follows:
8 Fire Dispatchers working 3/12-hour shifts with a 6-hour partial shift payback
day
· 2 Fire Dispatcher Supervisors working 3/12-hour shifts with a 6-hour partial
shift payback day
· 1 Fire Communications Manager working 5/8-hour shifts
· Overtime is $87,000 with training/certifications at $35,000
· Hourly staff as needed at $30,000 for peak periods and fill-in work for
permanent employee leave accruals
The estimated annual dispatch personnel cost for the 3/12 plan using a March 04
start date for fire dispatchers and supervisors and a January 04 start date for the Fire
Communications Manager is $260,523 for FY04 and $831,402 for FY05. An
additional $35,000 is needed for annual training and certifications and an estimated
$87,000 for minimum staffing overtime. The minimum staffing overtime is necessary
to cover dispatcher annual leave, sick leave and minimum staffing periods as
required by the Fair Labor Standards Act.
The total annual cost for the 3/12 staffing model including the ? Dispatch
Manager, 2 Dispatch Supervisors, and 8 Dispatchers and related overtime,
hourly wages and training is $831,402.
Human Resoumes and Fire Management have met with a representative from the
Chula Vista's Employees Association to obtain support for an agreement to have a
3/12-work schedule plan for Fire Dispatchers and the Fire Dispatch Supervisors.
The 3/12 plan creates better economic and managerial efficiencies with the size of
the proposed fire dispatch center. The Fire Department proposes to use the 3/12,
which is consistent with other fire dispatch centers. This plan would apply to fire
dispatch only. The City currently uses a 4/10 plan for the police dispatch center. Fire
Management will continue to research the specific staffing needs of the fire dispatch
center to insure adequate coverage and to best manage personnel expenses. A
final agenda statement to appropriate and amend the FY04 budget for fire dispatch
personnel costs and staffing models will be scheduled for January 04. In the interim,
the Human Resources department is working with the Fire Department to begin the
recruiting process for Fire Dispatchers and Fire Dispatcher Supervisors.
Fire Communications Manager- In the interim, staff is recommending Council
approve the addition of a Fire Communications Manager needed to manage and staff
the fire dispatch center. The Fire Communications Manger will report directly to the
Deputy Chief of Operations and manage the fire dispatch center. The position will be
responsible for dispatch center and personnel management to include daily
operational needs, Emergency Medical Dispatch (EMD program administration,
personnel recruitment, training and development. The Fire Communications
Manager will provide other administrative support as it relates to the management of
the fire dispatch center and the overall services of the fire department. The FY04 cost
for the Fire Communications Manager position is $52,491 and an ongoing cost of
$111,747.
Microcomputer Specialist - In addition to fire dispatch staff, a Microcomputer
Specialist position will be added to Management Information Services (MIS) to
support the needs of the fire dispatch center and the fire department in general. The
position needs to be added in January for a FY04 cost of $48,107 and an ongoing
cost of $102,364 beginning in FY05. The position is needed even if the fire dispatch
transition does not take p/ace. The position will work closely with the MIS Director
and Fire Staff to support the technology needs of the Fire Department. A Fire
Captain currently performs this work as an extra collateral duty on an overtime basis
and/or on a special assignment 40-hour workweek basis. The creation of this position
will result in substantial savings in the Fire Department's overtime budget.
CAD Interface/Equipment Cost
In an effort to meet an aggressive timeframe for transition of fire dispatch services to
the City, several key CAD interfaces need to be completed in a timely manner. The
Director of Management Information Services and the Fire Department have
developed the scopes of work with CCCAD to develop and complete these critical
interfaces by July 1, 2004. This agenda statement amends the FY04 CIP budget and
appropriates funds to complete necessary computer aided dispatch interfaces and
purchase the message switch needed for both Police and Fire as a result of the City's
continued growth. Attachment I includes a detailed description of the proposed
interfaces and associated costs. The total cost for CAD interfaces and the message
switch is $2,256,871. The message switch itself is $585,000 and is public facilities
development impact fee (DIF) eligible. The new message switch is needed by the
Fire and Police departments to serve the continued growth within the City. The cost
of the Police component of the message switch is $385,000 and is needed
regardless of the fire dispatch component. Additionally, the equipment component
includes a project contingency of $155,990.
The total one-time Fire interface and equipment cost is $1,871,871.
These are one-time costs necessary to complete the transition and meet service
needs due to current and projected growth. The ongoing services and supplies cost
for equipment is $36,500.
Facility Modifications
In order to accommodate the addition of several fire dispatch consoles and an office
for the Fire Communications Manager, the new Police Dispatch Center will have to
be modified to include a component for the Fire Dispatch Center. These
modifications will provide for the use of several common space areas while
maintaining separate but adjoined dispatch floors for both Police and Fire.
The one-time construction costs are estimated at $250,000 and will be
absorbed by savings within the capital improvement project for construction of
the new Police Facility.
Total Chula Vista Cost
The total net operating cost to bring fire dispatch back to Chula Vista is
$387,902. This includes personnel costs of $831,402 plus related services and
supplies of $36,500 minus $407,000 for Heartland dispatch services. The net cost
calculation is based on the preliminary HCFA cost allocation of $407,000 for FY05.
This does not include Heartland potential cost adjustments associated with projected
increases in call volume, number of personnel and mobile radios. One-time fire
interface and equipment costs total $1,871,871 of which $200,000 is offset by DIF for
a net one-time equipment investment of $1,671,871. One-time facility cost is
estimated at $250,000 and will be absorbed by savings in the new Police Facility
capital improvement project.
Due to the rapid growth of the City of Chula Vista:
· Investing in our own infrastructure returns control of fire dispatch services and
operations to the City.
· Secures the Fire Department's ability to better serve the public.
· Allows the City to better manage financial obligations associated with dispatch
services.
· Reduces exposure to potential litigation and financial obligations associated
with the existing JPA agreement with HCFA.
Chula Vista Fire Dispatch Project Cost Summary
Description Proposed Expenditure
3/12 Dispatch Plan including OT and Training $ 831,402 (ongoing cost)
Fire CAD Interfaces/Equipment $1,871,871 (one-time cost)
Ongoing Supplies and Services $ 36,500
Dispatch Facility Construction $ 250,000 (one-time cost)
Total Expenditure $ 2,989,773
PF DIF Revenue Offset $ (200,000)
Saving in Police Facility CIP $ (250,000)
Total Fire Dispatch Project Cost ,539,773
FY 05 Budgeted Heartland Dispatch Cost 407,000
Net FY05 General Fund Impact $ 2,132,773
Heartland Communications Facility Authority Cost Comparison
The current HCFA contract for the City of Chula Vista for FY04 is $321,347. This
cost is currently budgeted in the Fire Department's budget. FY05 costs are $407,000
per HCFA. Originally, it was estimated that the cost for HCFA dispatch services
would be approximately $500,000 dollars for FY05. This cost estimate was based on
the assumption that the Chula Vista Fire Department would account for 25% of HCFA
annual revenues and expenses. The Fire Department has received the projected
cost allocation for FY05, which shows Chula Vista at approximately 19% of HCFA's
annual revenues and expenses for a total of $367,000 for FY05 plus $40,000 for
facility cost for a total of $407,000.
HCFA is currently talking with a developer about building a 10,000 square foot
building for a new dispatch center. HCFA is in the discussion phase of this concept
and no final decisions have been made. The new HCFA facility is proposed to be
ready by January 2005. Based on the proposal for the new facility, Chula Vista's
annual building costs would be $40,000. Based on this information FY05 HCFA
dispatch services and facility costs would be $407,000. The cost for subsequent
years would steadily increase based on additional call volume, number of personnel
and mobile radios.
FISCAL IMPACT
Description Proposed Expenditure
3/12 Dispatch Plan including OT and Training $ 831,402 (ongoing cost)
Fire CAD Interfaces/Equipment $1,871,871 (one-time cost)
Ongoing Supplies and Services $36,500
Dispatch Facility Construction $ 250,000 (one-time cost)
Total Expenditure $ 2,989,773
PF DIF Revenue Offset $ (200,000)
Saving in Police Facility CIP (250,000)
Total Fire Dispatch Project Cost $ 2,539,773
FY 05 Budgeted Heartland Dispatch Cost $ 407,000
Net FY05 General Fund Impact $ 2,132,773
The total project cost is $2.9 million. The total net general fund cost of this project is
$2.1 million. The $2.1 million reflects the PF DIF revenue offset of $200,000, a
savings in the Police facility CIP of $250,000 and the FY budgeted Heartland
Dispatch costs of $407,000. This includes $1.6 million (with PF DIF offset) for one-
time equipment and interface expenditures needed to set up the initial infrastructure
for the fire dispatch center. The cost of staffing the Fire dispatch center includes
annual expenditures of $831,402 and the facility construction cost of $250,000, which
will come from savings in the capital improvement project for the new police facility.
The ongoing annual operating costs are $831,402 for personnel expenditures and
$36,500 for related services and supplies. Ongoing net operatin,q costs are $387,902
more than the budgeted FY05 operating cost of $407,000 for HCFA dispatch
services. An agenda statement to amend the FY04 budget and appropriate
personnel costs for dispatchers and dispatch supervisors will come forth in January.
Approval of this agenda will also amend the FY04 budget and appropriate $48,107
from the available balance of the General Fund for a Microcomputer Specialist in the
Management Information Services Department. The ongoing cost of the position is
$102,364.
ATrACHMENTS (1) ATTACHMENT I - CAD INTERFACES/DISPATCH EQUIPMENT COST
(2) FIRST AMENDMENT WITH CAD PROVIDER- CROSS CURRENT
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FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF CHULA VISTA AND
CROSS CURRENT CORPORATION
WHEREAS, on October 7, 2003, the City Of Chula Vista took action to notify Heartland
Communications of the City's intent to terminate the Joint Powers Agreement for fire
dispatch services effective July 1,2004.
WHEREAS, the City Of Chula Vista will now perform dispatching for all Fire and
medical emergency calls within the City,
WHEREAS, in order to adequately and effectively perform this dispatching, there
must be several changes to the City's Computer Aided Dispatch System.
WHEREAS, to accomplish the changes in the City's Computer Aided Dispatch
System the scope of work for Cross Current Corporation must be expanded.
NOW, THEREFORE, the parties agree as follows:
1. Exhibit A, paragraph 8A to the Agreement is hereby amended to add the
following: Exhibit 8A-1 Firehouse Software Interface as attached hereto, Exhibit
8A-2 Mobile Data Computer Interface as attached hereto, Exhibit 8A-3 Fire
Mobile Data Computer Interface as attached hereto, Exhibit 8A-4 Fire Station
Alerting System as attached hereto, Exhibit 8A-5 Alphanumeric Paging Interface
as attached hereto, and Exhibit 8A-6 ProQA Emergency Medical Dispatch as
attached hereto.
2. All other terms and conditions not modified by this First Amendment to the
Agreement shall remain in full force and effect.
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 Moor~
City Attorney
Dated:
Exhibit 8 A-1
City of Chula Vista,
ccCAD - ccCAD to Firehouse Software Interface
Statement of Work
I. Overview
The City of Chula Vista ("City") has requested an interface from Cross Current
Corporation's ("Consultant") ccCAD to the Firehouse Software application, developed
by Visionary Systems.
This Statement of Work ("SOW") describes the overall objectives, functionality, and
development activities.
I1. Solution
Consultant will deliver an interface to the Firehouse Software application. The interface
will generate incident and responding resoume data from closed ccCAD incidents in a
series of files so that the Firehouse Software system located at Chula Vista Fire
Department Dispatch Center can import them into the appropriate data tables.
Target Firehouse Version
The version of Firehouse Software application, for which the interface will target, is
version 5.4.90.
Data Export
ccCAD will export the ccCAD closed fire incident and associated resource history data
to flat files in comma separated values (CSV) format. These files will be written to user-
specified folders upon the successful archival of any fire incidents while the Fire Incident
Transfer Process is running. The incident data and resource history data will be
extracted from the SQLINC.DAT and SQLRESHI.DAT database files respectively.
Incident and resource data will be generated for the Chula Vista Fire Department
Dispatch Center and written to the user-specified folders. Each user-specified folder will
correspond to one department.
ccCAD Case Numbers
The ccCAD Case Number will be used as the Firehouse Incident Number. The lack of a
ccCAD Case Number for a given incident will result in export files that do not have a
Firehouse Incident Number and may cause problems during an import. It is required
that City use Case Numbers for incidents that will be exported.
/~ ~./Z]~ Page 2 of 12
ccCAD to Firehouse Software Field Mappings
The sections below describe the field mappings between the ccCAD system and the
Firehouse Software system. The incident data and resource data are mapped
separately.
The Functional Specification Document, as described in section III, will provide details
of how situations such as field size incompatibilities between Firehouse Software
application and ccCAD will be handled.
Incident Data
For the table below, the Firehouse Field column references fields in the INC_MAIN
table.
1 Fire Department ID C5 12345 FDID FDID of the responding
fire department (will
vary depending on
Mutual Aid scenarios)
2 Incident Number C10 YY-1234567 INCl NO ccCAD Case Number
3 Dispatch Date D8 YYYMMDD ALM_DATE First dispatch date
from the ccCAD
incident record
4 Dispatch Time C8 HH:MM:SS ALM_TIME First dispatch time
from the ccCAD
incident record
5 Arrive Date D8 YYYMMDD ARV_DATE First arrival date from
the ccCAD incident
record
6 Arrive Time C8 HH:MM:SS ARV_TIME First arrival time from
the ccCAD incident
record
7 Dispatch Notified D8 YYYMMDD DISP_DATE Incident Receive Date
Date
8 Dispatch Notified C8 HH:MM:SS DISP_TIME Incident Receive Time
, Time
9 Control Date D8 YYYMMDD CTRL DATE Containment Date
10 Control Time C8 HH:MM:SS CTRL TIME Containment Time
11 Clear Date D8 YYYMMDD CLR_DATE Last Activity Time with
status of available
12 Clear Time C8 HH:MM:SS CLR_TIME Last Activity Time with
status of available
13 Address Type I1 1=Street ADDR TYPE Hard-coded depending
Page 3 of 12
/ -15
2=Intersection on type of address.
3=Other The 'Other' type is
limited to Special
Addresses and
Overridden Addresses'
14 Address Number C8 12345 NUMBER Address Number from
location field
15 Apartment Number C15 Ex: 3B APT_ROOM Apartment Number
from location field
16 Direction C2 Ex: NE ST PREFIX Pre-Direction from
location field (Address
Indicator=l 12)
17 Street C25 Ex: Grove STREET Street from location
field. If longer than 25
characters it will be
truncated. (Address
Indicator=l 12)
18 Type C4 Ex: AV ST_TYPE Street suffix from
location field (Address
Indicator=l I 2)
19 Suffix C2 Ex: SW ST SUFFIX Street Post-Direction
from location field
(Address Indicator=l t
2)
20 Direction 2 C2 Ex: NW XST PREFIX Pre-Direction from
location field (Address
Indicator=2)
21 Street 2 C25 Ex: Greenbay XSTREET Street from location
field. If longer than 25
characters it will be
truncated. (Address
Indicator=2)
22 Type 2 C4 Ex: ST XST_TYPE Street suffix from
location field (Address
Indicator--2)
23 Suffix2 C2 Ex: SE XST SUFFIX Street Post-Direction
from location field
(Address Indicator=2)
24 City C25 Ex: San CITY Municipality Code
Diego Description
25 State Ex: CA STATE This will be defaulted
from within Firehouse
26 ZIP Code Ex: 92154 ZIP This will be defaulted
from within Firehouse
/ ~/~ Page4of 12
27 Mutual Aid C2 I or 3 MUTL_AID I if Mutual Aid was
received
3 if Mutual Aid was
given
(This field may be
)resent in the export
file but will not be
mapped to any FH
field)
28 Alarm Type C2 Ex: 1 ALM TYPE First 2 characters of
the Call Category
Code. (This field may
be present in the
export file but will not
be mapped to any FH
field)
29 E911 Used C1 Ex: E E911_USED Receive Source from
Call Taker (This field
may be present in the
export file but will not
be mapped to any FH
field)
30 District C5 Ex 449 DISTRICT Grid in which the
incident took place
(This field may be
)resent in the export
file but will not be
mapped to any FH
i field)
Responding Units Resource Data
The data below will be exported and sent to the appropriate fire station as "Responding
Unit" resource data. The table used will be INC_UNIT unless otherwise specified.
1 Fire Department ID C5 12345 FDID
/ ~:~ "/~7 Page 5 of 12
~ ] ] depending on Mutual
lAid scenarios)
Incident Number C10 IYY-1234567 IINCI NO I ccCAD Case Number
Unit Number C6 IE12345 I UNI'~ I ccCAD Resource .
I Dispatch Date D8 IYYYYMMDD INOTIF DATE I Date of this resource's
~ ~ - I first dispatch status
/
~ m I for the incident.
I Dispatch Time ~ C8 II-IH:MM:SS ~ I NOTIF _ TIME II Time °f t'his" resource's first _l
/
~ m I dispatch status for
~ ~ I the incident.
IRoll Date D8 IYYYYMMDD IROLL DATE I Date of this resource's
~ ~ - I first enroute status for
/
~ / I the incident.
IRo,Time ~O8 I HH:MM:SS/I ROLL_TIME Il Time of t,hiS..resource,s first
~ ~ I enroute status for the
I Arrive Date D8 IYYYYMMDD I ARV DATE I Date ofthis resource's
~ / - I first arrive status for
!
~ ] I the incident.
1Arrive Time C8 [HH:MM. SS I ARV TIME I Time of this
~ / - I resourc_e's first arrive
~ / I ~_o,r !h(~lncide.!.
0 IClear Date D8 IYYYYMMDD I CLR DATE I Date of this resource's
~ ~ - I first available status
/
~ ~ J for the incident.
11 IClear Time ~C8 I HH:MM:SS/I CLR _ TIME 11 Timeresource,sOft,his..first
~ J I available status for
/ I the incident.
12 lin Service Date D8 I YYYYMMDD I IN DATE I Date ofthis resource's
~ ~ - I first available status
/
~ J I for the incident.
13 lin Service Time C8 I HH:MM:SS I IN TIME I Timeofthis
~ ~ - I resource's first
/
~ ~ J available status for
~/ ] the incident.
14 I Cancelled Resource L1 I Y orN I CANCELLED I Hard-coded Y or N if
/
~ ] J the resource a_s an
~ ~ J enroute date & time
~ J J but no arrive date and
Cancel Date D8 IYYYYMMDD I CANCEL_DATE I Date of ti'tis resources
/~ _/~ Page 6 of 12
first available status
for the incident.
CanceITime C8 HH:MM:SS CANCEL_TIME Time of this
resource's first
available status for
the incident.
Creation of Import Definitions
Import Definitions must be created in Firehouse Software applications to propedy
import the incident and resoume files. Consultant will create the import definition
template to be used for this purpose.
Cancelled Incidents
Cancelled incidents will not be exported from the ccCAD system by the interface.
Elements Not Present in ccCAD Data
Data fields within the interface that will be provided in the data export are not always
required entries in the ccCAD application. In these cases, the exported data will not
contain the data for these fields if they are not entered into the corresponding ccCAD
field.
Reactivated ccCAD Incidents
If an incident is reactivated and finish/cleared, the interface will export this data again.
City is responsible for handling duplicate data in the Firehouse Software application.
Delivery of Exported Data
It is assumed that the Firehouse Software Application installation to which the data must
be exported is accessible via network connectivity. Should the Firehouse Software
Application server not be accessible across the network, the interface will be configured
to create the export data on a locally available network share and City will be
responsible for delivering the data to the Firehouse Software application installation.
Page 7of12
III. Scope
Any activity, functionality or requirement not explicitly covered by this First Amendment
is out of scope. Within in ten days of execution of this First Amendment, a draft of the
Functional Specification document will be provided to City describing the details of this
interface as described in this SOW. City shall approve this document before any
development begins.
Any changes to the final City approved Functional Specification must be submitted in
writing to avoid potential misinterpretations of requirements. Consultant and City will
evaluate each requested change to determine if the requested change is within the
context of the this SOW. If Consultant and City determine that the requested change
is not within the scope of the SOW, Consultant and City will negotiate an amendment to
the SOW based on the change in scope. Both parties must agree in writing to the
requested change before the work can begin.
A negotiation between Consultant and City concerning the determination as to whether
a change request is within the SOW shall not impede the work on those portions of the
application that can proceed according to the Functional Specification.
V. Quality Assurance
Quality Assurance test scripts will be written by Consultant that validate the application's
functionality. These scripts will be executed as part of the development process for unit
testing and at the end of the implementation cycle for integrated testing. The
modification will be thoroughly tested prior to delivery by Consultant.
VI. Deployment
Consultant will provide the City ccCAD Administrator all necessary ccCAD software to
deploy the Firehouse RMS Interface modification. City will be responsible for the actual
deployment of the modification. Consultant will provide telephone support to City
ccCAD administrator during the implementation of the modification.
The deployment of the modification proposed in this SOW will not require any on-site
assistance from Consultant. If Consultant personnel are requested to be onsite by City,
Consultant will provide City with a quote to provide the desired services. All travel
expenses associated with an on-site trip will be charged according to the applicable
rates set forth in paragraph 10 of Exhibit A in the original Agreement between the City
and Consultant for Software Maintenance Services. If on-site assistance is required due
to issues within Consultant's control or due to Consultant's error, the costs of such site
visit shall be borne by Consultant.
/ ff~ "e:~0 Page 8 of 12
VII. Deliverables/Schedule
Consultant agrees to the following schedule:
1. City approved Functional Specification Document shall be provided within 30
days of City's execution of the First Amendment.
2. No later than June 1, 2004, Consultant shall test the interface to the
Firehouse Software Application to meet the requirements set forth in section II
herein.
3. Consultant agrees that said interface will be complete and operational, to the
City's satisfaction, no later than July 1, 2004. In addition, the following items
will be provided by said date:
· New ccCAD executable files
· Modified ccCAD executable files - new versions of the existing ccCAD
executable files as required for this modification
· Documentation - describing the setup and usage of the new modification
4. City and Consultant will agree upon any required timeline extensions.
VIII. Post Delivery Support
Consultant is providing City with a modification to the ccCAD system. Consultant will
provide support for the Consultant developed and delivered functionality for 90 days
beyond delivery. Once the software is delivered, Consultant will fix any bugs that are
defined below:
· A reproducible bug that is critical in nature, i.e., makes critical features of the
system unusable. Reproducible means consistently repeatable by following the
same steps each time.
· A reproducible bug in the software that causes the application not to function
properly as described in this SOW or in an accompanying functional
requirements document.
The following are not included in post-delivery support and will be billable as additional
development under either an additional Statement of Work or on a Time and Materials
basis, to be determined if required:
· Functionality that was not defined in this SOW or was not an agreed upon
change during the development period.
· Non-ccCAD production configuration issues.
/ ~ ' c~/ Page 9of12
IX. Maintenance
Maintenance support for the interface to the Firehouse Software application issues
subsequent to Post-Delivery support is out of scope of the original Agreement between
the City and Consultant for Software Maintenance Services.
Consultant agrees to provide supplemental maintenance to support the Firehouse
Software Interface at a cost of $3,500 per year. The parties agree to negotiate in good
faith, a separate maintenance agreement for the additional annual maintenance at that
cost.
X, Price
1. Fixed Price
The cost for completion of the work as defined in this SOW is $40,000.
Normal business expenses and travel are not included in the fixed price and, if they
become necessary, will be billed according to the applicable rates set forth in paragraph
10 of Exhibit A in the original Agreement between the City and Consultant for Software
Maintenance Services. This estimate does not include any computer hardware or third
party software. Changes in requirements are changes in scope and may affect the cost
and/or delivery schedule.
2. Payment Terms
At City Execution of the First Amendment(30%) $12,000
Upon Signed City Approval of Functional Specification Document (30%) $12,000
Upon Final Delivery (40%) $16,000
XI. Assumptions
· Visionary Systems will provide technical assistance to Consultant as needed for
the Firehouse Software product. Any charges or costs incurred to Consultant by
Visionary Systems for this assistance will be passed on to City at cost.
· Consultant is not responsible for the initial or ongoing purchase, installation,
configuration of any Firehouse Software implementation other than the Import
Definition template file.
/ ~:~ ~ ~ ~ Page 10 of 12
Signature Page
To
Agreement between City of Chula Vista and Cross Current Corporation
For Software Maintenance Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms.
Dated: ,20 City of Chula Vista
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: ,20 Cross Current Corporation
Sam Hirsh, Vice President
Exhibit List to Agreement
(X) ExhibitA
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 Monte
City Attorney
Dated:
Exhibit 8A-2
City of Chula Vista
ccCAD Mobile Data Computer Interface (ccMDC)
Statement of Work
I. Overview
The City of Chula Vista ("City") has requested for Cross Current Corporation
("Consultant") to provide a Mobile Data Computer (ccMDC) solution (sometimes
referred to herein as interface). This solution must allow two-way communication
between the Mobile Data Computers (MDCs) in City Police Vehicles and the
ccCAD application as well as allow MDC users to perform state/NCIC queries.
This ccMDC solution will replace the existing Data911/Unisys LECS MDC
solution currently deployed at City.
This Statement of Work ("SOW") describes the overall objectives, functionality,
and development activities.
Appended to this document is a draft copy of the Functional Requirements for the
ccMDC solution. This document has been included only to serve the purpose of
providing City with the expected look-and-feel of the proposed MDC solution.
The final ccMDC solution will include additional functionality, as well as an
updated graphical user interface.
II. Solution
1. Functional Overview
Consultant will design and develop a customized software interface to allow
ccCAD to communicate with the MDCs in the vehicles using City's existing
wireless infrastructure. Consultant will also design and develop a software
interface to allow the MDCs to communicate with the California Law Enforcement
Telecommunications System (CLETS) to perform routine state/NCIC queries.
The diagram below gives a visual representation of this process.
CCC~AO M[~CsAeDI~er' Proposed Chula Vista Police
2. Process Flow
The ccMDC solution will provide the following process flow:
· INBOUND MESSAGES - MDC messages to ccCAD will pass through the
radio controller system to the Message Switch (ccSwitch) and processed
by the ccCAD ccMDC Server/Interface Processor to ccCAD.
· OUTBOUND MESSAGES - MDC messages generated by the ccCAD
dispatching functions will pass through the ccCAD ccMDC
Server/Interface Processor, then through the Message Switch (ccSwitch)
and finally through the radio controller system to the MDCs. The ccMDC
Client software will store MDC screen templates and properly display the
messages as received from the message switch.
· STATE QUERIES - Chula Vista MDCs will send queries and receive
responses through the radio controller system, through the Message
Switch (ccSwitch) directly to and from CLETS. CLETS/NCIC queries
generated by MDCs will be captured by the CLETS logging but not
captured by the ccCAD System. ccCAD will not have stored any records
of these MDC generated queries.
3. Supported ccCAD Messages
The following ccCAD MDC messages will be supported by this interface:
Inbound Messages (Messaqes from an MDC to ccCAD)
· MDC Logon Unit - (Places a Unit On-Shift and On-Duty if applicable)
· MDC Logoff Unit - (Places a Unit Off-Shift and Off-Duty if applicable)
· On Duty
· Off Duty
· MDC Dispatch Acknowledge
· Enroute- (Unit Enroute to Scene)
· Arrive - (Unit Arrive at Scene)
· MDC Finish/Clear Incident - (Clears only the requesting unit; if it is the
last unit, the incident is cleared)
· MDC Emergency- (Unit places himself/herself into Emergency Status)
· Miscellaneous Status
· Resource Initiated - (Create an incident and place the unit on-scene for
resoume- initiated incident)
· Talk- MDC-to-MDC chat (instant messaging)
· Mail - Allow MDC users to store, send and retrieve mail sent from other
MDC users
· Administrative Messages - Allows administrative messages to be
sent/received by ccCAD and MDC users
· Unit Status - Allows officers to display current resource record data by the
following search criteria:
Single resource
Resource type
All resources on the incident currently assigned to the querying
officer's incident
All resources on duty, regardless of zone, area of responsibility, etc
· Unit History - Allows MDC user to display resource activity for a specific
resource
· Location History- Allows MDC user to display premise history
· MDC Update Active Incident - (Allows for updating of location, CFS
code, caller/subject name, comments, narrative, vehicle)
Outbound Messages (Messages from ccCAD to an MDC)
· Dispatch Information Message - (send incident information to an MDC
unit when it has been dispatched by the ccCAD operator)
· Enroute Confirmation Message - (informs the MDC unit that it has been
enreuted by the ccCAD operator)
· Arrive Confirmation Message - (informs the MDC unit that it has been
arrived by the ccCAD operator)
· Clear Confirmation Message - (informs the MDC unit that it has been
cleared by the ccCAD operator)
· Resource Initiated Information Message - (informs the MDC unit that it
has been resource-initiated by the ccCAD operator)
· Comments Information Message - (sent when a unit is first dispatched
to an incident, and also whenever comments are added to the incident by
the ccCAD operator)
· Administrative Message - (ccCAD operator sends an administrative
message to an MDC unit)
· Update Active Incident Information Message - (informs the MDC unit
when the ccCAD operator changes an incident's location, CFS, priority or
caller name and an MDC unit is assigned to that incident)
4. Supported CLETS queries
The following CLETS queries will be supported by this interface:
License Plate
VIN
Name
Driver License
Gun/Serial Number
Gun/Name
Property
Additionally, the CLETS interface will include Hit Notification functionality. This
functionality allows ccCAD users to be notified when a 'hit' has resulted from a
CLETS query by an MDC user.
NOTE: These queries can only be initiated from MDC users, ccCAD users will
not be able to transmit CLETS queries through the Message Switch.
5. Additional Usability Functionality
The following functionality will be included within the ccMDC solution:
Allow keyboard display on the screen (both QWERTY and ABCDEF
keyboard layouts)
Allow users to purge messages (message manager)
Allow users to easily switch to other applications on the laptop
Security and remote administration of the status change buttons (Enroute,
Arrive, for example); this will allow administrators to remotely
enable/disable status change buttons
II1. Scope
Any activity, functionality or requirement not explicitly covered by this First
Amendment is out of scope. Within in ten days of execution of this First
Amendment, a draft of the Functional Specification document will be provided to
City describing the details of this interface as described in this SOW. City shall
approve this document before any development begins.
Any changes to the final City approved Functional Specification must be
submitted in writing to avoid potential misinterpretations of requirements.
Consultant and City will evaluate each requested change to determine if the
· re~luested change is within the context of the this SOW. If Consultant and City
determine that the requested change is not within the scope of the SOW,
Consultant and City will negotiate an amendment to the SOW based on the
change in scope. Both parties must agree in writing to the requested change
before the work can begin.
A negotiation between Consultant and City concerning the determination as to
whether a change request is within the SOW shall not impede the work on those
portions of the application that can proceed according to the Functional
Specification.
IV. Quality Assurance
Quality Assurance test scripts will be written by Consultant to validate the
inter[ace's functionality. These scripts will be executed at the end of the
development cycle of this interface as well as during the integrated testing phase
as described in Section VI. The test scripts will be submitted to City for written
approval and will be the basis for Acceptance Testing as described in Section
VII. The interface will be thoroughly tested by Consultant prior to delivery.
V, Hardware Staging
Consultant will stage three workstations to perform the following system
processes:
Message Switch
MDC Server
CLETS Controller
After hardware staging has been completed, City's workstations will be used for
testing the MDC solution and then shipped back to Chula Vista.
NOTE: Shipping costs are not included in the price of the Statement of
Work and will be billed to City at actual cost.
VI. On-Site Integration Testing/Training
Integration testing will take place on-site at Chula Vista with one software
engineer, one technical support services person and one project manager for
four (4) 8-hour days, provided, however, Consultant shall provide personnel as
needed for a longer period if due to issues within Consultant's control or created
by Consultant error. Consultant requires the full cooperation of City during the
integration-testing phase, including access to appropriate facilities as needed.
City must ensure that an appropriate technical person from City is available on-
site.
The following items are required to be fully configured and operational prior to
Consultant's arrival on-site at City:
· All hardware and software components of the MDCs and ccSwitch
· All wireless hardware and software components between MDCs and
City's Message Switch necessary to facilitate communication between
them, including but not limited to radio towers, controllers and other
related equipment
· All security configurations pertaining to above items.
As part of the deliverable, following onsite integration testing, Consultant will
provide one (1) 8-hour day of "train-the-trainer" training for a designated City
person or persons to use the ccMDC solution.
Should Consultant personnel need to be on-site longer than the planned on-site
integration testing period due to the unavailability of appropriate City support
personnel or lack of the required configuration, City will be billed according to the
applicable rates set forth in paragraph 10 of Exhibit A in the original Agreement
between the City and Consultant for Software Maintenance Services.
All travel expenses associated with the On-Site Integration Testing will be billed
according to the applicable rates set forth in paragraph 10 of Exhibit A in the
original Agreement between the City and Consultant for Software Maintenance
Services.
VII. Acceptance Test Plan
During the on-site integration testing, an Acceptance Test Plan developed by
Consultant and approved by City will be executed to test the functionality
described in this SOW. City will review and approve the results of the
Acceptance Test.
VIII. On-Site Deployment 8. Go-Live Support
Consultant will provide one software engineer, one technical support engineer
and one project manager for three (3) 8-hour days of Go-Live support to City,
provided, however, Consultant shall provide personnel as needed for a longer
period if due to issues within Consultant's control or created by Consultant error.
City is responsible for ensuring Consultant personnel have access to the ccCAD
system, facilities and appropriate City staff during the Go-Live phase. If
Consultant personnel are required to be on site longer than the allotted time for
any reason due to delays that are beyond the control of or not caused by
Consultant, City will be billed according to the applicable rates set forth in
paragraph 10 of Exhibit A in the original Agreement between the City and
Consultant for Software Maintenance Services.
All travel expenses associated with the on-site Deployment and Go-Live will be
billed according to the applicable rates set forth in paragraph 10 of Exhibit A in
the original Agreement between the City and Consultant for Software
Maintenance Services.
' IX. Deliverables/Schedule
Consultant Agrees to the following schedule:
· City approved Functional Specification Document- Shall be provided
within 30 days of City's execution of the First Amendment.
· Acceptance Test Plan - A document describing the step-by-step testing
procedure and expected results to validate that the modification meets the
functional requirements described in Section II, Functional Overview. Due
by August 1, 2004
· New ccCAD executable(s) - Due September 25, 2004
· New MDC Executables - Due September 25, 2004
· Modified ccCAD executables - new versions of the existing ccCAD
executable files as required for the ccMDC Interface - Due September
25, 2004
· User's Manual - A document describing the set-up and usage of the
MDC Interface. - Due September 25, 2004
X. Post Delivery Support
Consultant is providing City with a custom modification to the ccCAD system.
Consultant will provide support for the Consultant developed and delivered
functionality for 180 days beyond delivery. Once the software is delivered,
Consultant will fix any bugs that are defined below:
· A reproducible bug that is critical in nature, Le., makes critical features of
the system unusable. Reproducible means consistently repeatable by
following the same steps each time.
· A reproducible bug in the software that causes the application not to
function properly as described in this SOW or in an accompanying
functional requirements document.
Xl. Maintenance
Maintenance support for ccMDC Interface issues subsequent to Post-Delivery
support is out of scope of the original Agreement between the City and
Consultant for Software Maintenance Services.
Consultant agrees to provide supplemental annual maintenance to support the
ccMDC Interface (Message Switch, CLETS Interface and CAD-to-MDC Interface)
at a cost of $15,000 each year. The parties agree to negotiate in good faith a
separate Maintenance Agreement for the additional annual maintenance.
XlI. Price
1. Fixed Price
The cost for completion of the work defined in this Statement of Work is
$340,000.
Normal business expenses and travel are not included in the fixed price and will
be billed according to the applicable rates set forth in paragraph 10 of Exhibit A
in the original Agreement between the City and Consultant for Software
Maintenance Services. This estimate does not include any computer hardware
or third party software. Changes in requirements are changes in scope and may
affect the cost and/or delivery schedule.
2. Software Licensing
City will be required to pay a one-time licensing fee for use of the ccMDC
software components. These licensing costs for the software are as follows:
Software Component Licensed Users Cost
Message Switch 100 users (CAD and $25,000
MDC)
CLETS Interface from 100 users (MDC) $10,000
MDC
CAD-to-MDC Interface 100 users (CAD and $10,000
MDC)
TOTAL: $45,000
These license costs will be payable upon delivery of the application and
completion of the Go-Live period.
3. Payment Terms
At City's Execution of First Amendment (20%) $68,000
City Approval of Functional Specification (30%) $102,000
City Acceptance of Test Plan on-site testing $85,000
(25%)
Completion of Go-Live (25%) $85,000
Software Licenses (as described in Section 2) $45,000
to be invoiced at completion of Go-Live period
Total $385,000
4. Additional Hardware and Third Party Software
In order to deploy the MDC solution, City is responsible for the acquisition of the
following third party software licenses and hardware:
Two licenses of Websphere MQ for Windows along with the annual
maintenance costs for the Websphere product (one for City and
one for Consultant to use for development, testing and support)
Three workstations to perform the following system processes:
· Message Switch
· MDC Server
· CLETS Controller
5. Assumptions
The following assumptions are applicable to this SOW:
· City is responsible for providing all hardware, software, security, resources
and services necessary to implement the connectivity between the
following MDC components:
o MDC computers
o Message Switch
o CLETS network
o MDC Server
o ccCAD network
· Consultant is not responsible for the failure of the City's ccMDC/ccCAD
Interface due to the following circumstances:
o Failure of MDC hardware and/or software excluding ccMDC Client
software)
o Failure of City's network infrastructure
o Failure of City's radio communication equipment connecting MDCs
and the ccSwitch.
Signature Page
To
Agreement between City of Chula Vista and Cross Current Corporation
For Software Maintenance Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms.
Dated: ,20 City of Chula Vista
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: ,20_ Cross Current Corporation
Sam Hirsh, Vice President
Exhibit List to Agreement
(X) ExhibitA
APPENDIX
MDC CAD Application
Functional Specification
********* D RAFT*******
Cross Current Corporation
100 Union Square Drive
New Hope, PA 18938
(800) 666-7420
http://www.crosscurrent.com
· Executive Summary
This document identifies the Functional Specifications for the MDC CAD
application. This application will allow users to perform several common CAD
functions from the MDC in the car.
Document Information
Filename MDC CAD Functional Specification.doc
Creator ApplicationMicrosoft Word 2000
Author Paul Ansinn
Creation Date 4/11/2003
Revision History
14/11/2002 I1.0 I Initial Version I PA I
Table of Contents
1 Introduction ................................................................................................. 15
1.1 Overview .............................................................................................. 15
1.2 Scope ............................... · .................................................................... 15
1.3 Related Documents ............................................................................. 15
2 Functional Overview .................................................................................... 16
2.1 Overview .............................................................................................. 16
2.2 Screen Shots ....................................................................................... 16
2.3 Main Window ....................................................................................... 17
2.3.1 Screen Shot .................................................................................. 17
2.3.2 Elements ....................................................................................... 17
2.4 MDC Information Window .................................................................... 18
2.4.1 Screen Shot .................................................................................. 18
2.5 MDC Error Window .............................................................................. 18
2.5.1 Screen Shot .................................................................................. 18
2.6 Logon/Logoff ........................................................................................ 20
2.6.1 Logon ............................................................................................ 20
2.6.2 Logoff ............................................................................................ 20
2.7 On/Off Duty .......................................................................................... 20
2.7.1 On Duty Window ........................................................................... 21
2.7.2 Off Duty ......................................................................................... 21
2.8 Resource Initiated ................................................................................ 23
2.8.1 Resource Initiated Incident Window .............................................. 23
2.9 Dispatch Acknowledge ......................................................................... 24
2.10 Active Incident ...................................................................................... 24
2.10.1 Active Incident Window ................................................................. 24
2.11 Vehicles ............................................................................................... 26
2.11.1 Vehicles Window .......................................................................... 26
2.12 Subjects ............................................................................................... 26
2.12.1 Subjects Window .......................................................................... 26
2.13 Comments ............................................................................................ 27
2.13.1 Comments Window ....................................................................... 27
2.14 Narrative .............................................................................................. 29
2.14.1 Narrative Window ......................................................................... 29
2.15 Flags .................................................................................................... 30
2.15.1 Flags Window ............................................................................... 30
2.16 Enroute ................................................................................................ 31
2.16.1 Enroute Window ........................................................................... 31
2.16.2 Screen Shot .................................................................................. 31
2.17 Arrive ................................................................................................... 32
2.17.1 Arrive Window ............................................................................... 32
2.17.2 Screen Shot .................................................................................. 32
2.18 Clear .................................................................................................... 33
2.18.1 Clear Window ............................................................................... 33
2.19 Emergency ........................................................................................... 34
2.19.1 Emergency Window ...................................................................... 34
Introduction
Overview
The MDC CAD application provides a generalized vendor-neutral CAD interface
to Mobile Data Computers leveraging a Message Queue/Switch architecture for
reliable delivery. Within this application, users will have access to several
common CAD functions.
Scope
This document will define the functionality of the proposed MDC CAD
application. Functionality to be included in the MDC CAD application must be
explicitly listed in this document or in a Change Request document. Some
functionality of this application may require third-party controls. These controls
will be proposed and selected before the implementation of a given module
begins.
Related Documents
Main requirements document
/ ~t~ ~ ~ ~ Page 15 of 34
Functional Overview
Overview
The following common CAD functions will be available to the MDC users.
Support of these features will vary based upon the level of integration provided
by the individual CAD vendor.
· Logon/Logoff
· On/Off Duty
· Resource Initiated
Dispatch Acknowledge
· Enroute
· Arrive
· Clear
· Emergency
Screen Shots
All screen shots contained in this document are for example purposes only.
They are intended to help define the data elements and functionality needed to
meet the business need. The actual application screen designs may vary.
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Main Window
The MDC CAD application consists of a Main window and a number of smaller
windows that are displayed within the Main window. Across the top of the Main
window are several buttons that provide immediate access to commonly used
functions. These functions can be accessed by using a keyboard shortcut, or by
clicking with a mouse or other pointing device.
Screen 8hot
Below is an example of the Main window.
. ,
Resource fi: ] 1st Officer ID fi: I
Vehicle fi: ] 2nd Officer ID #: I
Zone: ~ Area: ~
I Resource Type: ITruck ~ Shift Code: IFirst ~
ll~llql~,ii:. IIIIIIIIIII IIIIIIIIIII IIIII II II II III II I I I I 111111111111111 III ~
Elements
The table below describes the buttons available to the user at the top of the Main
window.
MDC Information F~ Opens the MDC Information window. Also used
to acknowledge a dispatch to a new incident.
Enroute [:2 Opens the ~nroute window.
Arrive 1:3 Opens the Ardve window.
Clear F4 Opens the Clear window.
Logon F5 Logs the user out of the MDC CAD application.
Logoff F6 Opens the Logon window.
Active Incident F7 Opens the Active Incident window.
Resource F8 Opens the Resource Initiated Incident window.
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Initiated
Emergency F9 Opens the Emergency window.
MDC Error FIO Opens the MDC Errorwindow.
On Duty F11 Opens the On Duty window.
Off Duty F12 Takes the resource associated with the user off
duty.
MDC Information Window
The MDC Information window is used to display messages that come back from
the CAD system. This window can be accessed by selecting the "MDC
Information" button from the Main window, or the corresponding keyboard
shortcut. The messages in this window may include: dispatch notifications,
status change confirmations, etc. Anytime new data is displayed in the MDC
Information window, the "MDC Information" button will change color from gray to
green. Selecting this button will return the color to gray.
The content of the MDC Information window will be continually appended as new
messages are sent to the MDC. This will allow the MDC user to scroll through
the previous messages in the window. Closing the window will delete all
messages.
Screen Shot
Below is an example of the MDC Information window.
MDC Error Window
The MDC Error window is used to display error messages for invalid user actions
or difficult communicating with the CAD application. This window can be
accessed by selecting the "MDC Error" button from the Main window, or the
corresponding keyboard shortcut. Anytime new error messages are displayed in
the MDC Error window, the "MDC Error" button will change color from gray to
red. Selecting this button will return the color to gray.
As with the MDC Information window, the content of the MDC Error window will
be continually appended as new messages are created on the MDC. This will
allow the MDC user to scroll through the previous error messages in the window.
Closing the window will delete all error messages.
Screen Shot
Below is an example of the MDC, Error window.
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Logon/Logoff
Access to the MDC CAD application will be controlled through the use of a
usemame and password Iogon. When logging on, users will also be required to
specify their resource #.
Logon
The Logon window will be used to log into the MDC CAD application. This
window can be accessed by selecting the "Logon" button from the Main window,
or the corresponding keyboard shortcut.
Screen Shot
Below is an example of the Logon window.
Username:
Password:
Resource #:
Elements
The table below describes the data elements contained in the
Username Text Valid MDC CAD username.
Password Text Valid MDC CAD password corresponding to the
specified username.
Resource # Text The resource number associated with the user.
Logon Button Logs the user into the MDC CAD application.
The Logon window will close immediately.
Cancel Button Closes the Logon window. All entered
information will be lost.
Logoff
To log out of the MDC CAD application, the user will select the "Logoff" button
from the Main window, or the corresponding keyboard shortcut.
On/Off Duty
Users will have the ability to put themselves on or off duty. When coming on
duty, users will also be able to specify some basic resource information.
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1 -¥3
On Duty Window
The On Duty window will be used to put a resource on duty. This window can be
accessed by selecting the "On Duty" button from the Main window, or the
corresponding keyboard shortcut.
Screen Shot
Below is an example of the On Duty window.
Resource #: ] 1st Officer ID #: I
Vehicle #: I 2nd Officer ID #: ]
Zone: ~ Area: ~
Resource Type: ]Truck ~ Shift Code: IFirst
Elements
The table below describes the data elements contained in the ' window.
Resource #* Text The number of the resource coming on duty,
This field will be pre-filled based on the Resource
# specified at Iogin.
1st Officer ID #* Text The ID number of the first officer associated with
the specified "Resource #",
Vehicle #* Text The number of the vehicle associated with the
specified "Resource #".
2nd Officer ID # Text The ID number of the second officer associated
with the specified "Resource #".
Zone Drop-down The zone for which the resource is responsible.
Area Drop-down The area for which the resource is responsible.
Resource Type Drop-down The type of resource.
Shift Code Drop-down The shift for which the resource is coming on
duty.
Save Button Puts the resource on duty in the CAD application
using the specified information. The On Duty
window will close immediately.
Cancel Button Closes the On Duty window. All entered
information will be lost.
*Denotes a re¢ uired field
Off Duty
To take a resource off duty, the user will select the "Off Duty" button from the
Main window, or the corresponding keyboard shortcut.
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Resource Initiated
Users will be able to generate a resource initiated incident and specify the
location, call for service, and vehicle information.
Resource Initiated Incident Window
The Resource Initiated Incident window will be used to create a resource initiated
incident. This window can be accessed by selecting the "Resource Initiated"
button from the Main window, or the corresponding keyboard shortcut.
Screen Shot
Below is an example of the Resource Initiated Incident window.
PID: [DP34S5
Location:
I! ! Main St
CFS: IFire ~ Assign Resource:
Comment:
Vehicle Information
License #: 123 456 78 Type:
State: IPennsylvama ~ Year:
Elements
The table below describes the data elements contained in the Resource Initiated
Incident window.
PID* Text The PID of the resource.
Location* Text Description of the location.
CFS* Drop-down The call for service for the incident.
Assign Drop-down Indicates whether the logged on resource should
Resource be assigned to this incident. The default selection
will be "Yes".
Comment Text Brief comment related to the incident.
License # Text The license number of the related vehicle.
Type Drop-down The type of vehicle.
State Drop-down The state in which the vehicle is registered.
Year Text The model year of the vehicle.
Save Button Creates the new resource initiated incident in the
CAD application. The Resource Initiated Incident
window will close immediately.
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Cancel Button Closes the Resource Initiated Incident window. All
entered information will be lost.
*Denoted a required field
Dispatch Acknowledge
When a resource is dispatched to an incident in the CAD system, the "MDC
Information" button in the Main window will change color from gray to green. To
acknowledge the dispatch, the user will selects this button, or the corresponding
keyboard shortcut. The Active Incident window will then be displayed. See the
"Active Incident" section for details.
Active Incident
Users will be able to view summary information for an active incident, and open
various section information.
Active Incident Window
The Active Incident window will be used to view active incident summary
information. This window can be accessed by selecting the "Active Incident"
button from the Main window, or the corresponding keyboard shortcut. The
information in this window will be displayed in the read-only mode.
Screen Shot
Below is an example of the Active Incident window.
Incident #: 00096F45 Case #: 00456783
Location: 101 Main St, TE SH Apt: 203B
CFS: 1018 Description: Traffic Stop
Grid: 5637 Priority: 8
Cross Streets: Price
Time Received: 22:31
Caller Information
Name: Anonymous Caller Phone #: (215)435-6789
Address: 102 Main St Ext.: 6001
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Elements
The table below describes the data elements contained in the Active Incident
window. All data in this window will be dis in the read-onl mode.
Incident # Text The incident number.
Case # Text The incident case number.
Location Text The location of the incident.
Apt Text The apartment number associated with the incident
location.
CFS Text The incident call for service.
Description Text The description of the call for service
Grid Text The grid associated with the incident location.
Priority Text The priority of the incident.
Cross Streets Text The incident cross streets.
Time Text The time the incident was received by the call taker.
Received
Name Text The name of the caller.
Phone # Text The caller's phone number.
Address Text The caller's address,
Ext Text The caller's phone extension.
Vehicles Button Opens the Vehicle window.
Subjects Button Opens the Subject window.
Comments Button Opens the Comments window.
Narrative Button Opens the Narrative window.
Flags Button Opens the Flags window.
Close Button Closes the Enroute window.
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Vehicles
Users will have access to vehicle information for an active incident.
Vehicles Window
The Vehicles window contains a table of vehicle information related to a given
active incident. This window can be accessed by selecting the "Vehicles" button
from the Active Incident window, or the corresponding keyboard shortcut while
the Active Incident window is displayed. The information in this window will be
displayed in the read-only mode.
Screen Shot
Below is an example of the Vehicles window.
Elements
The table below describes the data elements contained in the Vehicles window.
All data in this window will be, in the read-onl mode,
Year Text The model year of the vehicle.
Make Text The make of the vehicle.
Body Text The type of vehicle body.
Color1 Text The primary color of the vehicle.
Color2 Text The secondary color of the vehicle.
License # Text The license number of the vehicle.
Type Text The type of vehicle.
State Text The state in which the vehicle is registered.
Accessories Text Description of vehicle accessories.
Close Button Closes the Vehicles window.
Subjects
Users will have access to subject information for an active incident.
Subjects Window
The Subjects window contains a table of subject information related to a given
active incident. This window can be accessed by selecting the "Subjects" button
from the Active Incident window, or the corresponding keyboard shortcut while
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the Active Incident window is displayed. The information in this window will be
displayed in the read-only mode.
Screen Shot
Below ~s an exam
67 I 148 Black Brown Unknown
67 ! 148 Black Brown ~ Unknown
Elements
The table below describes the data elements contained in the Subjects window.
All data in this window will in the read-onl~' mode.
Name Text The subject's name.
Race Text The subject's race.
Sex Text The subject's sex.
DOB Text The subject's date of birth.
Height Text The subject's height.
Weight Text The subject's weight.
Hair Text The subject's hair color.
Eye Text The subject's eye color.
Activity Text The subject's activity with relation to the incident.
Close Button Closes the Subjects window.
Comments
Users will have access to all incident comments.
Comments Window
The Comments window contains a list of comments related to a given active
incident. This window can be accessed by selecting the "Comments" button from
the Active Incident window, or the corresponding keyboard shortcut while the
Active Incident window is displayed. The information in this window will be
displayed in the read-only mode.
Screen Shot
Below is an example of the Comments window.
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20030322 10:01 dpyne R23 Res DP2452 Enr
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Elements
The table below describes the data elements contained in the Comments
window. All data in this window will be di in the read-ertl mode.
Date/Time Text The date and time that the comment was entered.
Usemame Text The name of the user who entered the comment.
Resource # Text The resource number of the user who entered the
comment.
Comment Text The text of the comment.
Close Butte Closes the Comments window.
n
Narrative
Users will have access to the complete incident narrative.
Narrative Window
The Narrative window contains the complete narrative text for a given active
incident. This window can be accessed by selecting the "Narrative" button from
the Active Incident window, or the corresponding keyboard shortcut while the
Active Incident window is displayed. The information in this window will be
displayed in the read-only mode.
Screen Shot
Below is an example of the Narrative window.
Elements
The table below describes the data elements contained in the Narrative window.
All data in this window will be dis in the read-ertl mode.
Narrative Text The text of the narrative.
Butte Closes the Narrative window.
n
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Flags
Users will have access to the all incident flags.
Flags Window
The Flags window contains a table of flag information related to a given active
incident. This window can be accessed by selecting the "Flags" button from the
Active Incident window, or the corresponding keyboard shortcut while the Active
Incident window is displayed. The information in this window will be displayed in
the read-only mode.
Screen Shot
Below is an example of the Flags window.
Elements
The table below describes the data elements contained in the Flags window. All
data in this window will be dis the read-only' mode.
Flag Type Text The type of flag.
Synopsis Text Brief description of the flag.
Close Butto Closes the Flags window.
n
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Enroute
Users will be able to update their resource status to "Enreute" and specify a
location and a comment associated with the change in status.
Enroute Window
The Enroute window will be used to change a resource status to "Enroute". This
window can be accessed by selecting the "Enreute" button from the Main
window, or the corresponding keyboard shortcut.
Screen Shot
Below is an example of the Enroute window.
Enroute: ~ staging C Place ¢' Scene C' Station
Location:
Comment: [This is just a test comment.
Elements
The table below describes the data elements contained in the Enroute window.
Enroute Radio Allows users to select one of the following location
Buttons types: Staging, Place, Scene, or Station. The
default selection with be "Scene".
Location Text Description of the location.
Comment Text Brief comment related to the enroute status.
Save Button Puts the resource in the appropriate enroute status
in the CAD application based on the selected
location type. The Enroute window will close
immediately.
Cancel Button Closes the Enroute window. All entered
information will be lost.
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Arrive
Users will be able to update their resource status to "Arrive" and specify a
location and a comment associated with the change in status.
Arrive Window
The Arrive window will be used to change a resource status to "Arrive". This
window can be accessed by selecting the "Arrive" button from the Main window,
or the corresponding keyboard shortcut.
Screen Shot
Below is an example of the Arrive window.
Arrive: 0 Staging C Place ~ Scene (7 Station
Location: l~q~ Main S~
Comment: I~!~!~ !S.JP~ P.t~'~ ~mment~
Elements
The table below describes the data elements contained in the Arrive window.
Arrive Radio Allows users to select one of the following location
Buttons types: Staging, Place, Scene, or Station. The
default selection with be "Scene".
Location Text Description of the location.
Comment Text Brief comment related to the arrive status.
Save Button Puts the resoume in the appropriate arrive status in
the CAD application based on the selected location
type. The Arrive window will close immediately.
Cancel Button Closes the Arrive window. All entered information
will be lost.
Cross Current Corporation Page 32 of 34
Clear
Users will be able to update their resource status to "Clear" and specify a location
and a comment associated with the change in status.
Clear Window
The Clear window will be used to clear a resource from an incident. This window
can be accessed by selecting the "Clear" button from the Main window, or the
corresponding keyboard shortcut.
Screen Shot
Below is an example of the Clear window.
CFS: IFire Disposition Code:
Elements
The table below describes the data elements contained in the Clearwindow,
Incident # Text The incident number associated with the clear
action. This field will be read-only.
CFS Text The final call for service code for the incident. This
field will be pre-filled based on the current incident
call for service.
Disposition Drop-down The final disposition for the incident. This default
Code selection will be "CLR".
Comment Text Brief comment related to the clear action.
Save Button Clears the resource from the incident in the CAD
application. The Clear window will close
immediately.
Cancel Button Closes the Clear window. All entered information
will be lost.
Business Rules
· If the resource being cleared is the only resource still actively assigned to the
incident, clearing the resource will also clear the incident in the CAD
application.
Cross Current Corporation /l~,~ ~ Page 33 of 34
Emergency
Users will be able to generate an emergency.
Emergency Window
The Emergency window will be used to create an emergency. This window can
be accessed by selecting the "Emergency" button from the Main window, or the
corresponding keyboard shortcut.
Screen Shot
Below is an example of the Emergency window.
Place:
Comment: JT~_s._~s.j~t a ~t~.e~t,.
Elements
· The table below describes the data elements contained in the Resource Initiated
Incident window.
Place Text The place where the emergency is located.
Comment Text Brief comment related to the emergency.
Save Button Creates the new emergency in the CAD
application. The Emergency window will close
immediately.
Cancel Button Closes the Emergency window. All entered
information will be lost.
Exhibit 8A-3
City of Chula Vista
ccCAD Fire Mobile Data Computer Interface (ccFireMDC)
Statement of Work
I. Overview
The City of Chula Vista ("City") has requested for Cross Current Corporation
("Consultant") to provide a Mobile Data Computer (ccFireMDC) solution
(sometimes referred to herein as interface) for use in their fire apparatus. This
solution must allow two-way communication between the Mobile Data Computers
(MDCs) in City Fire apparatus and the ccCAD application. Additionally, this
solution must allow fire MDC users the capability of sending alphanumeric pages
to City personnel equipped with alphanumeric pagers.
This Statement of Work ("SOW") describes the overall objectives, functionality,
and development activities.
This Statement of Work ('~SOW") describes the overall objectives, functionality,
and development activities.
II. Solution
1. Functional Overview
Consultant will design and develop a customized software interface to allow
ccCAD to communicate with the MDCs in the fire apparatus using City's existing
IP-based wireless communications infrastructure. This interface will be
integrated with the ccMDC interface that has been proposed for police vehicles,
which currently use a 150 MHz wireless communications infrastructure.
The diagram below gives a visual representation of the Fire MDC interface,
along with the integration of the Police MDC interface.
2. Fire MDC Process Flow
The ccFireMDC interface will provide Inbound (from the Fire MDC to CAD) and
outbound (from CAD to the Fire MDC) Fire MDC messages are described below:
· INBOUND MESSAGES - Fire MDC messages to ccCAD will pass
through the IP-based radio controller system to the Message Switch
(ccSwitch) and processed by the ccCAD MDC Servedlnterface Processor
to ccCAD.
· OUTBOUND MESSAGES - Fire and Police MDC messages generated
by the ccCAD dispatching functions will pass through the ccCAD MDC
Servedlnterface Processor, and then through the Message Switch
(ccSwitch). Software components on the Message Switch will direct Fire
messages through the IP-based radio controller system to the MDCs.
Police MDC messages will be directed through the 150 MHz radio
controller system to the MDCs. The ccFireMDC Client software will store
MDC screen templates and properly display the messages as received
from the Message Switch.
3. Supported ccCAD Messages
The following ccCAD MDC messages will be supported by this interface:
Inbound Messaqes (Messaqes from a Fire MDC-to-ccCAD and Fire MDC-to-Fire
MDC)
· MDC Logon Unit - (Places a Fire MDC On-Shift and On-Duty, if
applicable)
MDC Logoff Unit- (Places a Fire MDC Off-Shift and Off-Duty, if
applicable)
· On Duty
· Off Duty
· MDC Dispatch Acknowledge
· Enroute- (Fire MDC Enroute to Scene)
· Arrive - (Fire MDC Arrive at Scene)
· MDC Finish/Clear Incident - (Clears only the requesting Fire MDC; if it is
the last resource, the incident is cleared)
· MDC Emergency- (Fire MDC places himself/herself into Emergency
Status)
· Miscellaneous Status
· Resource Initiated - (Create an incident and place the Fire MDC on-
scene for resource- initiated incident)
· Talk - Fire MDC-to-Fire MDC chat (instant messaging)
· Mail - Allow Fire MDC users to store, send and retrieve mail sent from
other Fire MDC users
· Administrative Messages - Allows administrative messages to be
sent/received by ccCAD and Fire MDC users
· Unit Status - Allows Fire MDC users to display unit status information,
and incident information for assigned resoumes, by the following search
criteria:
Single resource
Resource type
All resources on the incident currently assigned to the querying fire
personnel's incident
All resources available as well as those currently assigned to
incidents
· Unit History - Allows MDC user to display resource activity for a specific
fire resource
· Location History- Allows MDC user to display premise history
· MDC Update Active Incident- (Allows for updating of location, CFS
code, caller/subject name, comments, narrative, vehicle)
Outbound Messaqes (Messaqes from ccCAD to an MDC)
· Dispatch Information Message - (send incident information to a fire
MDC when it has been dispatched by the ccCAD operator)
· Enroute Confirmation Message - (informs the fire MDC that it has been
enrouted by the ccCAD operator)
· Arrive Confirmation Message - (informs the fire MDC that it has been
arrived by the ccCAD operator)
· Clear Confirmation Message - (informs the fire MDC that it has been
cleared by the ccCAD operator)
· Resource Initiated Information Message - (informs the fire MDC that it
has been resource-initiated by the ccCAD operator)
· Comments Information Message - (sent when a fire MDC is first
dispatched to an incident, and also whenever comments are added to the
incident by the ccCAD operator)
· Administrative Message - (ccCAD operator sends an administrative
message to a fire MDC)
· Update Active Incident Information Message - (informs the fire MDC
when the ccCAD operator changes an incident's location, CFS, priority or
caller name and a fire MDC is assigned to that incident)
4. Alphanumeric Paging
Consultant will design and develop a software interface to allow ccCAD to send
alphanumeric pages from MDCs to pagers via the InfoRad SoftwareTM utilizing a
"file drop" procedure.
III. Scope
Any activity, functionality or requirement not explicitly covered by this First
Amendment is out of scope. Within in ten days of execution of this First
Amendment, a draft of the Functional Specification document will be provided to
City describing the details of this interface as described in this SOW. City shall
approve this document before any development begins.
Any changes to the final City approved Functional Specification must be
submitted in writing to avoid potential misinterpretations of requirements.
Consultant and City will evaluate each requested change to determine if the
requested change is within the context of the this SOW. If Consultant and City
determine that the requested change is not within the scope of the SOW,
Consultant and City will negotiate an amendment to the SOW based on the
change in scope. Both parties must agree in writing to the requested change
before the work can begin.
A negotiation between Consultant and City concerning the determination as to
whether a change request is within the SOW shall not impede the work on those
portions of the application that can proceed according to the Functional
Specification.
IV. Quality Assurance
Quality Assurance test scripts will be written by Consultant to validate the
inter[ace's functionality. These scripts will be executed at the end of the
development cycle of this inter[ace as well as during the integrated testing phase
as described in Paragraph V. The test scripts will be submitted to City for written
approval and will be the basis for Acceptance Testing as described in Paragraph
VI. The interface will be thoroughly tested by Consultant prior to delivery.
V. On-Site Integration Testing/Training
Integration testing will take place on-site at Chula Vista with one software
engineer, one technical support services person and one project manager for
three (3) 8-hour days, provided, however, Consultant shall provide personnel as
needed for a longer period if due to issues within Consultant's control or created
by Consultant error. Consultant requires the full cooperation of City during the
integration-testing phase, including access to appropriate facilities as needed.
City must ensure that an appropriate technical person from City is available on-
site.
It is required that the following be fully configured and operational prior to
Consultant's arrival on-site at City:
· All hardware and software components of the MDCs and ccSwitch
· All wireless hardware and software components between MDCs and City
Message Switch necessary to facilitate communication between them,
including but not limited to radio towers, controllers and other related
equipment
· All security configurations pertaining to above items.
Should Consultant personnel need to be on-site longer than the planned on-site
integration testing period due to the unavailability of appropriate City support
personnel or lack of the required configuration, City will be billed according to the
applicable rates set forth in paragraph 10 of Exhibit A in the original Agreement
between the City and Consultant for Software Maintenance Services.
All travel expenses associated with the On-Site Integration Testing will be billed
according to the applicable rates set forth in paragraph 10 of Exhibit A in the
original Agreement between the City and Consultant for Software Maintenance
Services.
VI. Acceptance Test Plan
During the on-site integration testing, an Acceptance Test Plan developed by
Consultant and approved by City will be executed to test the functionality
described in this SOW. City shall review and approve results of the Acceptance
Test.
VII. On-Site Deployment & Go-Live Support
Consultant will provide one software engineer, one technical support engineer
and one project manager for three (3) 8-hour days of Go-Live support to
City,provided, however, Consultant shall provide personnel as needed for a
longer period if due to issues within Consultant's control or created by Consultant
error.
City is responsible for ensuring Consultant personnel have access to the ccCAD
system, facilities and appropriate City staff during the Go-Live phase. If
Consultant personnel are required to be on site longer than the allotted time for
any reason due to delays that are beyond the control of or not caused by
Consultant, City will be billed according to the applicable rates set forth in
paragraph 10 of Exhibit A in the original Agreement between the City and
Consultant for Software Maintenance Services.
All travel expenses associated with the on-site Deployment and Go-Live will be
billed according to the applicable rates set forth in paragraph 10 of Exhibit A in
the original Agreement between the City and Consultant charged to City for
Software Maintenance Services.
VIII. Deliverables/Schedule
Consultant agrees to the following schedule:
· City approved Functional Specification Document- Shall be provided
within 30 days of City's execution of the First Amendment.
· Acceptance Test Plan - A document describing the step-by-step testing
procedure and expected results to validate that the modification meets the
functional requirements described in Section II, Functional Overview. Due
by August 1,2004
· New ccCAD executable(s) - Due September 25, 2004
· New MDC Executables- Due September 25, 2004
· Modified ccCAD executables - new versions of the existing ccCAD
executable files as required for the ccFireMDC Interface - Due
September 25, 2004
· User's Manual - A document describing the set-up and usage of the
MDC Interface. - Due September 25, 2004
IX. Post Delivery Support
Consultant is providing City with a custom modification to the ccCAD system.
Consultant will provide support for the Consultant developed and delivered
functionality for 180 days beyond delivery. Once the software is delivered,
Consultant will fix any bugs that are defined below:
· A reproducible bug that is critical in nature, i.e., makes critical features of
the system unusable. Reproducible means consistently repeatable by
following the same steps each time.
· A reproducible bug in the software that causes the application not to
function properly as described in this SOW or in an accompanying
functional requirements document.
X. Maintenance
Maintenance support for City ccFireMDC Interface issues subsequent to Post-
Delivery support is out of scope of the original Agreement between City and
Consultant for Software Maintenance Services.
Consultant agrees to provide supplemental annual maintenance to support the
ccFireMDC Interface (CAD-to-ccFireMDC Interface) at a cost of $7,500 per year.
The parties agree to negotiate in good faith a separate Maintenance Agreement
for the additional annual maintenance.
XI. Price
1. Fixed Price
The cost for completion of this modification as defined in this Statement of Work
is $195,000.
Normal business expenses and travel are not included in the fixed price and will
be billed according to the applicable rates set forth in paragraph 10 of Exhibit A
in the original Agreement between the City and Consultant for Software
Maintenance Services. This estimate does not include any computer hardware
or third party software. Changes in requirements are changes in scope and may
affect the cost and/or delivery schedule.
2. Software Licensing
City will be required to pay a one-time licensing fee for use of the ccFireMDC
software components. These licensing costs for the software are as follows:
Soft~vare Licensed Users Cost
Component
CAD-to-ccFireMDC 50 users (ccFireMDC) $5,000
Interface
TOTAL: $5,000
These license costs will be payable upon delivery of the application and
completion of the Go-Live period.
3. Payment Terms
At City's Execution of First Amendment (20%) $39,000
City Approval of Functional Specification (30%) $58,500
Acceptance Test Plan on-site testing (25%) $48,750
Completion of Go-Live (25%) $48,750
Software Licenses (as described in Section 2) $5,000
to be invoiced at completion of Go-Live period
Total $200,000
4. Assumptions
The following assumptions are applicable to this SOW:
· City is responsible for providing all hardware, software, security, resources
and services necessary to implement the connectivity between the
following MDC components:
o MDC computers
o Message Switch
o MDC Server
o ccCAD network
· Consultant is not responsible for the failure of the City's ccMDC/ccCAD
Interface due to the following circumstances:
o Failure of MDC hardware and/or software (excluding ccFireMDC
Client software)
o Failure of City's network infrastructure
Failure of City's radio communication equipment connecting MDCs
and the ccSwitch.
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 Moor~ '
City Attorney
Dated: "~f/~~
Signature Page
To
Agreement between City of Chula Vista and Cross Current Corporation
For Software Maintenance Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms.
Dated: ,20 City of Chula Vista
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: ,20 Cross Current Corporation
Sam Hirsh, Vice President
Exhibit List to Agreement
(X) ExhibitA
Exhibit 8A-4
City of Chula Vista
ccCAD First-In Fire Station Alerting System Interface
Statement of Work
L Overview
The City of Chula Vista ("City") has requested for Cross Current Corporation
("Consultant") to provide an interface from ccCAD to the First-In Fire Station Alerting
System ("Alerting System") by Westnet Inc. The Alerting System is currently installed in
all Chula Vista Fire Stations.
This Statement of Work ("SOW") describes the overall objectives, functionality, and
development of activities.
II. Solution
1. Functional Overview
Consultant will design and develop a customized software interface to allow ccCAD to
communicate with the Alerting System to notify fire stations upon dispatch.
2. Process Flow
2.1 Primary Alerting
Upon dispatch of fire resources to incidents created by ccCAD, ccCAD will
communicate to the Alerting System's Master Control Unit(s) (MCU) using Westnet
Inc.'s published interface specification via the TCP/IP protocol. Information sent to the
MCU will include the station and resource information necessary so that the MCU can
send the appropriate alerts and directives to the fire station(s).
2.2 Secondary Alerting
This SOW does not include interfacing to a secondary alerting system in the event the
primary alerting system fails in part or whole due to insufficient availability of information
required in preparing an estimate.
2.3 Verification of Reachable Alerting System Equipment
The Alerting System interface will initiate and maintain a polling process to verify that
each fire station's Alerting System equipment is reachable from the dispatch center.
Consultant will develop a monitoring screen to display the connectivity status of each
station's equipment. In the event that a fire station's equipment is unsuccessfully
queried $ consecutive times within an agreed upon polling interval, a visual alert will be
initiated.
III. Scope
Any activity, functionality or requirement not explicitly covered by this First Amendment
is out of scope. Within ten days of execution df this First Amendment, a draft of the
Functional Specification document will be provided to City describing the details of this
interface as described in this SOW. City shall approve this document before any
development begins.
Any changes to the final City approved Functional Specification must be submitted in
writing to avoid potential misinterpretations of requirements. Consultant and City will
discuss and evaluate each requested change to determine if the change is within the
context of the SOW. If Consultant and City determine that the requested change is not
within the scope of the SOW, Consultant and City will negotiate an amendment to the
Functional Specification based on the change in scope. Both parties must agree in
writing to the requested change before the work can begin.
A negotiation between Consultant and City concerning the determination as to whether
a change request is within the SOW shall not impede the work on those portions of the
application that can proceed according to the Functional Specification.
IV. Quality Assurance
Quality Assurance test scripts will be written by Consultant to validate the interface's
functionality. These scripts will be executed at the end of the development cycle as well
as during the integrated testing phase. The test scripts will be submitted to City for
written approval and will be the basis for Acceptance Testing. The interface will be
thoroughly tested prior to delivery by Consultant.
V. Onsite Integration Testing/Training
Integration testing will take place on-site at Chula Vista with one software engineer, one
technical support services person and one project manager for one (1) 8-hour day,
provided, however, Consultant shall provide personnel as needed for a longer period if
due to issues within Consultant's control or created by Consultant's error. Consultant
requires the full cooperation of City during the integration testing phase, including
access to appropriate facilities as needed. City must ensure that the appropriate
technical people from City and WestNet are available on-site.
it is required that the following be fully configured and operational prior to Cross
Current's arrival on-site at Chula:
· At least one available ccCAD Workstation from which testing can be done
· At least two fire stations to which test alerts will be sent
· All required hard-wired and/or wireless connectivity between the dispatch center
and the Alerting System
As part of the deliverable, following onsite integration testing, Consultant will provide
one (1) 4-hour session of "Train the Trainer" for up to 4 designated City persons.
Training will include the configuration and setup of the interface, data entry, and
interface administration.
Should Consultant personnel need to be on-site longer than the planned on-site
integration testing period due to the unavailability of appropriate City support personnel,
Westnet Systems personnel, or lack of the required configuration, City will be billed
according to the applicable rates set forth in paragraph 10 of Exhibit A in the original
Agreement between the City and Consultant for Software Maintenance Services.
VI. Acceptance Test Plan
During the on-site integration testing, an Acceptance Test Plan developed by
Consultant and approved by City will be executed to test the functionality described in
this SOW. City will review and approve the results of the Acceptance Test.
Vlh On-Site Deployment & Go-Live Support
Consultant will provide one software engineer, one technical support engineer and one
project manager for one (1) 8-hour day of Go-Live support to City, provided, however,
Consultant shall provide personnel as needed for a longer period if due to issues within
Consultant's control or created by Consultant's error. City must ensure that the
appropriate technical people from City and WestNet are available on-site.
City is responsible for ensuring Consultant personnel have access to the ccCAD
system, facilities and appropriate City staff during the Go-Live phase. If Consultant
personnel are required to be on site longer than the allotted time for any reason due to
delays that are beyond the control of or not caused by Consultant, City will be billed
according to the applicable rates set forth in paragraph 10 of Exhibit A in the original
Agreement between the City and Consultant for Software Maintenance Services.
VIII. Deliverables/Schedule
Consultant agrees to the following schedule:
1. City approved Functional Specification Document shall be provided within 30
days of the City's execution of the First Amendment.
2. Acceptance Test Plan- A document describing the step-by-step testing
procedure and expected results to validate that the modification meets the
functional requirements described in Section II. Solution shall be delivered no
later than June 1, 2004.
3. Consultant agrees that said interface will be complete and operational, to the
City's satisfaction, no later than July 1, 2004. In addition, the following items
will be provided by said date:
· New ccCAD executable(s)
· Modified ccCAD executables - new versions of the existing ccCAD
executable files as required for the Alerting System Interface
· User's Manual - A document describing the set-up and usage of the
Alerting System Interface.
IX. Post Delivery Support
Consultant is providing City with a custom modification to the ccCAD system.
Consultant will provide support for the Consultant developed and delivered functionality
for 90 days beyond delivery. Once the software is delivered, Consultant will fix any
bugs that are defined below:
· A reproducible bug that is critical in nature, I.e., makes critical features of the
system unusable. Reproducible means consistently repeatable by following the
same steps each time.
· A reproducible bug in the software that causes the application not to function
properly as described in this SOW or in an accompanying functional
requirements document.
X. Maintenance
Maintenance support for Alerting System Interface issues subsequent to Post-Delivery
support is out of scope of the original Agreement between the City and Consultant for
Software Maintenance Services. Consultant agrees to provide supplemental
maintenance support at a cost of $7,500 per year to support the Alerting System
Interface. The parties agree to negotiate in good faith, a separate maintenance
agreement for the additional annual maintenance at that cost.
Xl. Price
1. Fixed Price
The cost for completion of the work as defined in this SOW is $109,000.
Normal business expenses and travel are not included in the fixed price and will be
billed according to the applicable rates set forth in paragraph 10 of Exhibit A in the
original Agreement between the City and Consultant for Software Maintenance
Services. This estimate does not include any computer hardware or third party
software. Changes in requirements are changes in scope and may affect the cost
and/or delivery schedule.
2. Software Licensing
City will be required to pay a one-time licensing fee for use of the First-in Fire Station
Alerting interface. The licensing cost for the interface is as follows:
Software Component Licensed Users Cost
First-In Fire Station Unlimited $5,000
Alerting Interface
TOTAL: $5,000
This license cost will be payable upon delivery of the application and completion of the
Go-Live period.
$. Payment Terms
At City's Execution of First Amendment (30%) $32,700
Approval of Functional Specification (30%) $32,700
Acceptance Test Plan on-site testing (20%) $21,800
Completion of Go-Live (20%) $21,800
Software License (as described in Section 2) $5,000
to be invoiced at completion of Go-Live period
Total $114,000
4. Assumptions
The following assumptions are applicable to this SOW:
· This SOW does not include any third party hardware, software or services.
· Westnet inc. will provide a Test Kit to CCC to test the Alerting System. Chula is
responsible for any fees associated with this Test Kit.
· Chula is responsible for acquisition, installation, configuration and maintenance of all
hardware and 3rd party software required for this interface including but not limited to
workstations, servers, operating systems, and hard-wired and wireless network
infrastructure equipment and mediums.
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
Anr~ I(,loo~ ' -
City Attorney
Dated:
Signature Page
To
Agreement between City of Chula Vista and Cross Current Corporation
For Software Maintenance Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms.
Dated: ,20_ City of Chula Vista
By:.
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: ,20 Cross Current Corporation
Sam Hirsh, Vice President
Exhibit List to Agreement
( X ) Exhibit A
Exhibit 8A-5
City of Chula Vista, CA
ccCAD InfoRad Alphanumeric Paging Interface
Statement of Work
L Overview
The City of Chula Vista ("City") has requested for Cross Current Corporation
("Consultant") to provide a one-way interface from ccCAD to the InfoRad Wireless Text
Messaging Software ® ("lnfoRad Software") by InfoRad. The InfoRad software will be
installed in Chula Vista and interfaced to a dedicated TAP paging system provided by
Arch Wireless.
This Statement of Work ("SOW") describes the overall objectives, functionality, and
development activities.
II. Solution
1. Functional Overview
In order to accept paging requests from external systems such as ccCAD, InfoRad
Software uses another application called Watch-It ASCII ® which monitors a specific
directory on the file system for properly formatted ASCII text files. The text files
describe the recipient of the message and contains the actual content of the message.
Consultant will design and develop a customized software interface to allow ccCAD to
send alphanumeric pages containing incident information to dispatched resources via
the InfoRad Software utilizing a "file drop" procedure.
The following information will be sent:
· Call for Service Description (18 chars) - retrieved from Incident file
· Location (57 chars)- retrieved from Incident file
· Ap~ (5 chars) - retrieved from Incident file
· Commonplace Name (57 chars) - retrieved from Incident file
· Zone Code Description/Box Number (18 chars) - retrieved from Incident file
· Cross Street (35 chars) - retrieved from Incident file
· Date/Time Dispatched (14 chars)- retrieved from Resource Activity file
· Incident Number (11 chars)- retrieved from Incident file
· Resource Number (6 characters) - will display the resource that was paged
ccCAD resources that can be paged through InfoRad will be set up as subscribers or
groups (a group of subscribers) in InfoRad.
2. Process Flow
2.1 Description of ccCAO to InfoRad Software Interface
The following steps describe the process flow for the ccCAD/InfoRad Software
interface:
1. User dispatches a resource.
2. ccSwitch receives the dispatch message.
3. ccSwitch determines if a resource is "pageable." If it is, the ccSwitch will create a
p~roperly formatted ASCII text file and place it in the directory that Watch-It ASCII
software monitors. InfoRad Software then delivers the message to the
appropriate recipient(s) via its TAP interface to the paging terminal/system.
If ccSwitch determines that a resource is not "pageable" then it does not generate an
ASCII text file for that resource. A resource is determined as pageable if the checkbox
entitled Is pageable is selected in the Resource Table Maintenance dialog. This
checkbox and associated functionality is included as part of the modification.
Please see Figure 1 below for a diagram of the components of this process:
CcCAD
Figure 1 - Process Flow Components Diagram
2.2 Manual Paging
Users will be able to manually transmit alphanumeric pages within the ccCAD
application. Users will be able to manually enter up to 8 resoume numbers along with
the message text to be delivered to all recipients specified. The users will be able to
enter up to 225 characters of text (maximum 9 lines, 25 characters per line).
Note: Consultant is not responsible for message text that is not delivered due to
the inability of a paging device to handle 225 characters.
2.31nfoRad Software Configuration
The ccCAD resources that City wishes to be automatically paged must exist in the
InfoRad database and the ccCAD Resoume Number and the InfoRad entries must
match exactly. City may wish to create the matching entries in InfoRad as groups so
that multiple alphanumeric paging devices can be tied to a single InfoRad entry/ccCAD
Resource Number, allowing multiple devices to be paged upon dispatch of a single
resource.
Since the InfoRad entries are static in nature City must ensure that the physical
alphanumeric paging device remains with the physical resource being dispatched by
ccCAD. If the alphanumeric paging devices are moved from resource to resource then
dispatch information may be sent to the wrong device.
City may also wish to add additional "pageable" resources to ccCAD that may not
currently exist and include them as recommended resources.
Note: City is responsible for purchase, installation and configuration of the
InfoRad software as well as configuration of ccCAD to include additional
resources that should be paged.
III. Scope
Any activity, functionality or requirement not explicitly covered by this First Amendment
is out of scope. Within in ten days of execution of this First Amendment, a draft of the
Functional Specification document will be provided to City describing the details of this
interface as described in this SOW. City shall approve this document before any
development begins.
Any changes to the final City approved Functional Specification must be submitted in
writing to avoid potential misinterpretations of requirements. Consultant and City will
evaluate each requested change to determine if the requested change is within the
context of the this SOW. If Consultant and City determine that the requested change
is not within the scope of the SOW, Consultant and City will negotiate an amendment to
the SOW based on the change in scope. Both parties must agree in writing to the
requested change before the work can begin.
A negotiation between Consultant and City concerning the determination as to whether
a change request is within the SOW shall not impede the work on those portions of the
application that can proceed according to the Functional Specification.
IV. Quality Assurance
Quality Assurance test scripts will be written by Consultant to validate the interface's
functionality. These scripts will be executed at the end of the development cycle as well
as during the integrated testing phase as described in Section V. The test scripts will be
submitted to City for written approval and will be the basis for Acceptance Testing. The
interface will be thoroughly tested prior to delivery by Consultant.
V. Onsite Integration Testing
Integration testing will take place on-site at Chula Vista with one software engineer, one
technical support services person and one project manager for one (1) 8-hour day.
Provided, however, Consultant shall provide personnel for a longer period as needed if
necessary due to issues within Consultant's control or created by Consultant's error.
Consultant requires the full cooperation of City during the integration testing phase,
including access to appropriate facilities as needed. City must ensure that the
appropriate technical people from City and Arch Wireless are available on-site and that
technical assistance from InfoRad is available when needed via telephone.
It is required that the following be fully configured and operational prior to Cross
Current's arrival on-site at Chula:
· At least one available ccCAD Workstation from which testing can be done
· InfoRad Software and workstation on which it resides
· At least three alphanumeric paging devices to which test messages will be sent
· All required network connectivity and permissions between ccCAD and the
InfoRad Software.
· All required connectivity between the InfoRad Software and the TAP paging
terminal/system.
· All required connectivity between the TAP paging terminal/system
As part of the deliverable, following onsite integration testing, Consultant will provide
one (1) 2-hour session of "Train the Trainer" for up to 4 designated City persons.
Training will include the configuration and setup of the interface administration.
Should Consultant personnel need to be on-site longer than the planned on-site
integration testing period due to the unavailability of appropriate City support personnel,
InfoRad personnel, Arch Wireless personnel, or lack of the required configuration, City
will be billed according to the applicable rates set forth in paragraph 10 of Exhibit A in
the original Agreement between the City and Consultant for Software Maintenance
Services.
VI. Acceptance Test Plan
During the on-site integration testing, an Acceptance Test Plan developed by
Consultant and approved by City will be executed to test the functionality described in
this SOW. City will review and approve the results of the Acceptance Test.
VII. On-Site Deployment & Go-Live Support
Consultant will provide one software engineer, one technical support engineer and one
project manager for one (1) 8-hour day of Go-Live support to City. Provided, however,
Consultant shall provide personnel for a longer period as needed if necessary due to
issues within Consultant's control or created by Consultant's error. City must ensure
that the appropriate technical people from City and Arch Wireless are available on-site
and that InfoRad technical support is available by telephone.
City is responsible for ensuring Consultant personnel have access to the ccCAD
system, facilities and appropriate City staff during the Go-Live phase. If Consultant
personnel are required to be on site longer than the allotted time for any reason due to
delays that are beyond the control of or not caused by Consultant, City will be billed
according to the applicable rates set forth in paragraph 10 of Exhibit A in the original
Agreement between the City and Consultant for Software Maintenance Services.
VIII. Deliverables/Schedule
Consultant agrees to the following schedule:
1. City approved Functional Specification Document shall be provided within 30
days of City's execution of the First Amendment.
2. No later than June 1, 2004, Consultant shall test the interface to the InfoRad
Alphanumeric Paging Interface to meet the requirements set forth in Section II
herein.
3. Consultant agrees that said interface will be complete and operational, to the
City's satisfaction, no later than July 1,2004. In addition, the following items
will be provided by said date
· New ccCAD executable(s)
· Modified ccCAD executables - new versions of the existing ccCAD
executable files as required for the InfoRad Software Interface
· User's Manual - A document describing the set-up and usage of the
InfoRad Software Interface.
· Acceptance Test Plan - A document describing the step-by-step testing
procedure and expected results to validate that the modification meets the
functional requirements described in Section I1.1, Functional Overview.
4. City and Consultant will agree upon any required timeline extensions.
IX. Post Delivery Support
Consultant is providing City with a custom modification to the ccCAD system.
Consultant will provide support for the Consultant developed and delivered functionality
for 90 days beyond delivery. Once the software is delivered, Consultant will fix any
bugs that are defined below:
· A reproducible bug that is critical in nature, i.e., makes critical features of the
system unusable. Reproducible means consistently repeatable by following the
same steps each time.
· A reproducible bug in the software that causes the application not to function
properly as described in this SOW or in an accompanying functional
requirements document.
Functionality that was not defined in this SOW or was not an agreed upon change
during the development period is not included in post-delivery support and will be
billable as additional development under either an additional Statement of Work or on a
Time and Materials basis.
X. Maintenance
Maintenance support for the InfoRad Software Interface issues subsequent to Post-
Delivery support is out of scope of the original Agreement between the City and
Consultant for Software Maintenance Services. Consultant agrees to provide
supplemental maintenance support at a cost of $3,000 per year to support the InfoRad
Alphanumeric Paging Interface. The parties agree to negotiate in good faith, a separate
maintenance agreement for the additional annual maintenance at that cost.
Xl, Price
1. Fixed Price
The cost for completion of this modification as defined in this Statement of Work is
$39,000.
Normal business expenses and travel are not included in the fixed price and will be
billed.according to the applicable rates set forth in paragraph 10 of Exhibit A in the
original Agreement between the City and Consultant for Software Maintenance
Services. This estimate does not include any computer hardware or third party
software. Changes in requirements are changes in scope and may affect the cost
and/or delivery schedule.
2. Software Licensing
City will not be required to pay the one-time $5,000 licensing fee for the use of the
InfoRad interface software components. The licensing costs for the software have been
waived.
Software Component Number of Licensed Cost
Users
InfoRad interface Site License for unlimited $0
agencies/users
GRAND TOTAL: $0
3. Payment Terms
At City's Execution of First Amendment (30%) $11,700
Approval of Functional Specification (30%) $11,700
Acceptance Test Plan on-site testing (20%) $7,800
Completion of Go-Live (20%) $7,800
Software License (as described in Section 2) $0
to be invoiced at completion of Go-Live period
Total $39,000
4. Assumptions
The following assumptions are applicable to this SOW:
· This SOW does not include any third party hardware, software or services.
· Chula will provide a suitable workstation to run ccSwitch and ensure it is on the
same LAN segment as the InfoRad Wireless Text Messaging Software server.
· Chula will provide a suitable workstation to run the Enterprise Edition of InfoRad
Wireless Text Messaging Software and ensure it is properly interfaced to the
TAP paging terminal/system.
· Chula will provide appropriate network connectivity between the ccCAD system
and the InfoRad Software.
· Chula is responsible for acquisition, installation, configuration and maintenance
of all hardware and 3"d party software and services required for this interface
including but not limited to InfoRad Wireless Text Messaging ® (Enterprise
Edition), InfoRad Watch-It ASCII ® software, alphanumeric paging devices,
alphanumeric paging service, workstations, servers, operating systems, and
hard-wired and wireless network infrastructure equipment and mediums.
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
City Attorney
Dated:
Signature Page
To
Agreement between City of Chula Vista and Cross Current Corporation
For Software Maintenance Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms.
Dated: ,20 City of Chula Vista
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: ,20. Cross Current Corporation
Sam Hirsh, Vice President
Exhibit List to Agreement
(X) Exhibit A
Exhibit 8A-6
City of Chula Vista
ccCAD Priority Dispatch ProQA Interface
Statement of Work
L Overview
The City of Chula Vista ("City") has requested for Cross Current Corporation
("Consultant") to provide an interface from ccCAD to the ProQA EMD Software
("ProQA") developed by Priority Dispatch, to enable City to provide Emergency Medical
Dispatch. The ProQA software will be installed and implemented in City.
This Statement of Work ("SOW") describes the overall objective, functionality, and
development activities.
II. Solution
1. Functional Overview
Consultant will provide City with an interface to ProQA. ProQA will communicate with
ccCAD via two fiat files called COMMFILE.TXT and MISCFILE.TXT. These files will
reside on each workstation that is configured to run the ccCAD/ProQA interface. The
ProQA software will be installed on each ccCAD workstation that will be utilizing the
interface.
The COMMFILE.TXT is used by ProQA to write the responses to questions asked by
the call taker, and is also the file read by ccCAD when it attaches the responses to the
incident narrative.
The MISCFILE.TXT is used to track other information including the logged-on ProQA
operator ID, status of ProQA "resident mode" and other items.
2, Process Flow
The following steps describe the process flow for the ccCAD/ProQA interface:
1. Execute ccCAD MainMenu.exe. Log into the ccCAD application.
2. Execute the Call Taker window, ccCAD creates and initiates the MISCFILE.TXT
and COMMFILE.TXT files.
3. Log into the ProQA application. Start and minimize the ProQA Case Entry
program.
4. Operator clicks on "EMD" button to activate ProQA Case Entry when necessary.
There are no required entries into Call Taker window fields prior to launching the
ProQA Case Entry process. The "EMD" button will turn yellow. (See Figure 1
below for placement of the "EMD" button)
Loc, ll~l medn st _Apt I Grid: Cedis On Hold:
CE-S'IEMD IMedicelEmergency~ Agency~/pes* F Le, w r- Fire r EMS r- Other
FM: F-'- ~sceive Source: F-- Received: Orig
VehideI EMD k
\X
Commenti: I
] 'iEMDButton [
CollerN~me: I Activity; [ Noti/y: F
Address 1 Perform Check F No
Cro,~s Street~:
CommontAh~s;
Loe~tion ID: JO: Municipelity Keymap
FI~$... I ~4~4 5_ ~ r~ ~T GFO F%~ CP
Figure 1. Modified Call Taker Window (with 'EMD' button)
5. The user processes the information from the incoming emergency call in the
ProQA application. ProQA saves the information (responses to questions, for
example, the physical condition of the caller) related to the call in
COMMFILE.TXT.
6. ccCAD checks the state flag in the COMMFILE.TXT periodically to determine the
state of the ProQA case. ccCAD detects that the state flag has been changed to
'C' ('C' for 'complete') and imports the ProQA information into the narrative file.
7. The EMD button label changes back to normal color
8. User can then route the call, put the call on hold or clear the Call Taker window.
Note: For a successful interface between ccCAD and ProQA, the codes between
the two applications (ProQA case codes and ccCAD Call For Service Codes) must
match. City is responsible for modifying ccCAD or ProQA to ensure the codes
matches
III. Scope
Any activity, functionality or requirement not explicitly covered by this First Amendment
is out of scope. Within in ten days of execution of this First Amendment, a draft of the
Functional Specification document will be provided to City describing the details of this
interface as described in this SOW. City shall approve this document before any
development begins.
Any changes to the final City approved Functional Specification must be submitted in
writing to avoid potential misinterpretations of requirements. Consultant and City will
evaluate each requested change to determine if the requested change is within the
context of the this SOW. If Consultant and City determine that the requested change
is not within the scope of the SOW, Consultant and City will negotiate an amendment to
the SOW based on the change in scope. Both parties must agree in writing to the
requested change before the work can begin.
A negotiation between Consultant and City concerning the determination as to whether
a change request is within the SOW shall not impede the work on those portions of the
application that can proceed according to the Functional Specification.
IV. Quality Assurance
Quality Assurance test scripts will be written by Consultant to validate the interface's
functionality. These scripts will be executed at the end of the development cycle as well
as during the integrated testing phase. The test scripts will be submitted to City for
written approval and will be the basis for Acceptance Testing. The interface will be
thoroughly tested prior to delivery by Consultant.
V. Deployment
Consultant will provide all necessary ccCAD software to deploy the software release
containing the ccCAD modifications to the City ccCAD System Administrator.
Additionally, Consultant will provide telephone support to the City ccCAD administrator
during the implementation of the ccCAD modifications.
City will be responsible for the actual deployment of the ccCAD modifications. The
deployment will not require any on-site assistance from Consultant. If Consultant
personnel are required to be on site by City, City will be billed according to the
applicable rates set forth in paragraph 10 of Exhibit A in the original Agreement
between the City and Consultant for Software Maintenance Services. if on-site
assistance is required due to issues within Consultant's control or due to Consultant's
error, the costs of such on-site visit shall be borne by Consultant.
VI. Deliverables/Schedule
Consultant agrees to the following schedule:
1. City approved Functional Specification Document shall be provided within 30
days of City's execution of the First Amendment.
2. Consultant agrees that said interface will be complete and operational, to the
City's satisfaction, no later than July 1,2004. In addition, the following items
will be provided by said date:
· Modified ccCAD executables - new versions of the existing ccCAD
executable files as required to support the modifications
· User's Manual - A document describing the set-up and usage of the
modifications
VII. Post Delivery Support
Consultant is providing City with a modification to the ccCAD system. Consultant will
provide support for the Consultant developed and delivered functionality for 90 days
beyond delivery. Once the software is delivered, Consultant will fix any bugs that are
defined below:
· A reproducible bug that is critical in nature, i.e., makes critical features of the
system unusable. Reproducible means consistently repeatable by following the
same steps each time.
· A reproducible bug in the software that causes the application not to function
properly as described in this SOW or in an accompanying functional
requirements document.
VIII. Maintenance
Maintenance suppor[ for the ccCAD modifications is within the scope of the current
annual maintenance contract between City and Consultant. City will not be charged
additional maintenance costs for the support of the ProQA interface.
IX. Price
Fixed Price
The cost for completion of this modification as defined in this Statement of Work is
$10,000.
Normal business expenses and travel are not included in the fixed price and will be
billed according to the applicable rates set forth in paragraph 10 of Exhibit A in the
original Agreement between the City and Consultant for Software Maintenance
Services.This estimate does not include any computer hardware or third party software.
Changes in requirements are changes in scope and may affect the cost and/or delivery
schedule.
2. Software Licensing
City will not be required to pay the one-time $1,500 licensing fee for the use of the
ProQA interface software components. The licensing costs for the software have been
waived.
Software Component Number of Licensed Cost
Users
ProQA interface Site License for unlimited $0
agencies/users
GRAND TOTAL: $0
3. Payment Terms
At City's Execution of First Amendment (50%) $5,000
Successful Deployment of ProQA interface $5,000
(50%)
Software License (as described in Section 2) $0
to be invoiced at completion of Go-Live period
Total $10,000
4. Assumptions
The following assumptions are applicable to this SOW:
· This SOW does not include any third party hardware, software or services.
. Chula is responsible for all costs and efforts associated with the
acquisition/purchasing of ProQA software, necessary hardware, ProQA annual
maintenance, and training.
. Chula is responsible for acquisition, installation, configuration and maintenance
of all hardware and 3rd party software and services required for this interface
including but not limited to ProQA Software, ProQA maintenance, ProQA
training, workstations, servers, operating systems, and network infrastructure
equipment and mediums.
1&-9/
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
0ðùL ~ ~
Ann Moore
City Attorney
Dated:~~ 12) ?-003
1~-9(?
, . ---..--.-- --.-~-.....,._-~._------~~---~---_...._..-
Signature Page
To
Agreement between City of Chula Vista and Cross Current Corporation
For Software Maintenance Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms.
Dated:
,20.
City of Chula Vista
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,20
Cross Current Corporation
By:
~~
Sam Hirsh, Vice President
Exhibit List to Agreement
( X ) Exhibit A
I ~ .. q3
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY04 FIRE DEPARTMENT BUDGET TO
ADD ONE MID MANAGEMENT FIRE COMMUNICATIONS MANAGER
$52,491 AND RELATED SERVICES AND SUPPLIES $36,500 AND
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND AND AMENDING THE MANAGEMENT INFORMATION
SERVICES BUDGET TO ADD ONE MID MANAGEMENT MICRO
COMPUTER SPECIALIST $48,107 IN JANUARY OF 2004 BY
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND AND AMENDING THE FY05 SPENDING PLAN BY
$250,611 FROM THE A V AILABLE BALANCE OF THE GENERAL FUND.
WHEREAS, approval of this item will also appropriate funds to hire a Fire
Communications Manager and Microcomputer Specialist position needed to
facilitate the transition and staff t/le Fire and Management Information Services
departments; and,
WHEREAS, the Fire Communications Manger will report directly to the
Deputy Chief of Operations and manage the Fire Dispatch Center; and,
WHEREAS, the position will be responsible for dispatch personnel
management, policy and training development, Emergency Medical Dispatching
(EMD) Program Management and provide other administrative and dispatch
support as needed; and,
WHEREAS, a Microcomputer Specialist position will be added to
Management Information Services (MIS) to support fire operations; and,
WHEREAS, the position is needs to be added in January for a FY04 cost
of$48,107 and an ongoing cost of$102,364 beginning in FY05; and,
WHEREAS, both positions will be paid for from the available balance of
the general fund; and,
WHEREAS, the Microcomputer Specialist position is needed even if the
dispatch transition does not take place. It will work closely with the MIS director
and Fire staff to support the technology needs of the Fire Department; and,
WHEREAS this agenda will amend the FY04 Fire Department budget to
add one mid management Fire Communications Manager $52,491 and related
services and supplies $36,500 and the Management Information Services budget
to add one mid management microcomputer specialist $48,107 in January of
2004; and,
WHEREAS, the FY05 spending plan will be amended by $250,611.
I~-qt.f
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Council
hereby adopts the resolution amending the FY04 fire department budget to add
one mid management fire communications manager $52,491 and related services
and supplies $36,500 and appropriating funds from the available balance of the
general fund and amending the management information services budget to add
one mid management micro computer specialist $48,107 in January of 2004 by
appropriating funds from the available balance of the general fund and amending
the FY05 spending plan by $250,611 from the available balance of the general
fund.
Presented by:
Approved as to form by:
~~;A.?¡ + \)qf
Fire Chief
CfVt\-
Ann Moore
City Attorney
H:/shared/attorney/tire dispatch mgr
/0-95
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY04 CAPITAL IMPROVEMENT
BUDGET AND APPROPRIATING $1,671,871 FOR FIRE COMPUTER
AIDED DISPATCH (CAD) INTERFACES AND EQUIPMENT FROM THE
A V AILABLE BALANCE OF THE GENERAL FUND AND $585,000 FROM
THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FUND FOR A CAD MESSAGE SWITCH AND
CITY COUNCIL APPROVING THE FIRST AMENDMENT AND
AUTHORIZING THE MAYOR TO EXECUTE ATTACHED FIRST
AMENDMENT WITH THE CURRENT CAD PROVIDER - CROSS
CURRENT FOR DEVELOPMENT OF CAD INTERFACES NEEDED TO
TRANSITION DISPATCH SERVICES FROM HEARTLAND TO THE CITY
OF CHULA VISTA.
WHEREAS, On October 7, 2003, Council took action to notify the
Heartland Communications Authority of the City's intent to terminate the Joint
Powers Agreement for dispatch services on July I, 2004; and,
WHEREAS, this agenda statement appropriates funds to complete
necessary computer aided dispatch interfaces needed to transition fire dispatch
services to the City ofChula Vista; and,
WHEREAS, the Director of Management Information Services and the
Fire Department have developed the scopes of work with current CAD provider-
Cross Current to develop and complete most of these interfaces by July I, 2004;
and,
WHEREAS, CAD interfaces include: Interfaces include: Firehouse
(records management software), ARCH Wireless (paging services), Priority
Dispatch (emergency medical dispatching and call-screening) and Westnet
(station alerting); and,
WHEREAS, this agenda statement amends the FY04 CIP budget and
appropriates funds to complete necessary computer aided dispatch interfaces and
purchase the related equipment; and,
WHEREAS, Council approves the First Amendment and authorizes the
Mayor to execute the attached First Amendment with the current CAD provider
known as Cross Current; and,
WHEREAS, approval of this agenda item will also authorize the purchase
of a message switch needed for Police and Fire computer aided dispatch
communications; and,
WHEREAS, the message switch is needed by the Fire and Police
departments to serve the continued growth within the City; and,
/(¿¡.qrp
WHEREAS, attachment I provides a detailed description of the proposed
interfaces and associated costs; and,
WHEREAS, the total cost for dispatch interfaces and the message switch
is $2,256,871 of which $585,000 is for the message switch and will be paid from
the public facilities development impact fund.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Council hereby
adopts the resolution amending the FY04 capital improvement budget and
appropriating $1,671,871 for fire computer aided dispatch (cad) interfaces and
equipment from the available balance of the general fund and $585,000 from the
available balance of the public facilities development impact fund for a CAD
message switch and city council approving the first amendment and authorizing
the mayor to execute attached first amendment with the current cad provider -
Cross Current for development of CAD interfaces needed to transition dispatch
services from heartland to the City of Chula Vista subject to the review and
approval of the city attorney
Presented by:
Approved as to form by:
~~Cpe~~ -+-- MP
Fire Chief
flOVVc ~L .
Ann Moore ' -~ v '-'-
City Attorney
H:/sharedlattorney/fire dispatch interface reso
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