HomeMy WebLinkAboutAgenda Packet 2004/03/16
!
¡ CITY COUNCIL AGENDA
¡
, March 16, 2004 6:00 p.m.
¡
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
~~~
....
r~.~~~
- -.- -
~~~~
CllY OF
CHULA VISTA
City Council City l\AIanager ,:
i
Patty Davis David D. Rowlands, Jr. '
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, 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 ot Chula Vista Cable Cbannel68.
Agendas are available on the City's website at:
www.chulavistaca.gov
**********
NOTICE OF CONTINUANCE
OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Public Hearing originally scheduled for
Tuesday, March 16, 2004 to consider:
AN AMENDMENT TO ORDINANCE 2579 RELATING TO INTERIM PRE-SR
125 DEVELOPMENT IMPACT FEE
was continued to Tuesday, April 6, 2004, at 4:00 p.m. in the City Council
Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista.
Dated: March 17, 2004
ß~ /~
Donna Norris, Xssistant City Clerk
It . J........' ,,_-lfI.
I . lie CIr..CÌÍIIIÌ....
. .:,~ atiI CIIIII_..I J I r-
JI J -.". on tIIlwII II. ... r ..
......Aøt~lllll.. "t/L
OATED IICINI!D ()AI""
March 16,2004
¡ declare under penalty of perjury that I am
employed by the City of Chula Vista In the.
Dttice of the City Clerk and that I posted thIs
document on the bulletin board accordmg to
AGENDA 3row. n A;;¡¡;¡;?nts. ~
., '1tl~d SIgned.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY TRACEY SUNDLUN FROM ELITE RACING COMMENDING
THE WINNERS OF THE RECENT U.S. OLYMPIC TEAM TRIALS - MEN'S 50-
KILOMETER RACEW ALK
CONSENT CALENDAR
(Items 1 through 10)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of February 3, 10, 17 and 24, 2004.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
· Letter of resignation from Joseph S. Sims, member of the Human Relations
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 200312004 BUDGET FOR THE CITY CLERK'S
DEPARTMENT TO APPROPRIATE $30,000 FOR UNANTICIPATED ELECTION
COSTS
Adoption of the resolution adds $30,000 to the Fiscal Year 2003/2004 elections budget to
cover the cost of the March 2,2004 general municipal election. (City Clerk)
Staff recommendation: Council adopt the resolution.
4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOODS R-20, R-21, R-22 AND P-l, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS
PUBLIC EASEMENTS AS GRANTED ON SAID MAP; APPROVING THE
SUBDNISION IMPROVEMENT AGREEMENT; AND . AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF
DEDICATIONS OF FEE FOR LOT "J" FOR PUBLIC PARK PURPOSES AND LOT
"H" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES PER MAP NO. 14559,
OT A Y RANCH VILLAGE 11 "A" MAP NO.1
Adoption of the resolution approves Neighborhoods R-20, R-21, R-22 and P-l, a
subdivision of Otay Ranch Village 11. The neighborhoods consist of 295 dwelling units
on one condominium lot, one homeowner's association-maintained open space lot, one
community facilities district-maintained open space lot, and one lot for public park
purposes. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 BUDGET OF THE GENERAL SERVICES
DEPARTMENT TO ADD THREE FULL-TIME-EQUNALENT CUSTODIAL
POSITIONS AND APPROPRIATING THE NECESSARY FUNDS FROM THE
UNANTICIPATED REVENUES GENERATED BY THE OPERATION OF THE
CITY'S NEW JAIL FACILITY, AND AMENDING THE FISCAL YEAR 2005
SPENDING PLAN FOR THE GENERAL SERVICES DEPARTMENT (4/5THS VOTE
REQUIRED)
At the time of adoption of the Fiscal Year 2004 budget, plans for the ultimate operation
of the new jail facility had not been determined. The adopted budget reflects the
continuation of current jail facility operations as they relate to custodial services. Now
that the actual operations of the new jail facility are known, there will be a significant
increase in the need for custodial services within the new facility. (Director of General
Services)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING THE DESIGN BUILD AGREEMENT WITH SYSTEMS INTEGRATED
FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT
THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM,
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The Council previously approved capital improvement program project SW-218 to
design and construct a supervisory control and data acquisition (SCADA) system that
will provide an alarm system for controlling and monitoring sewer collection and pump
stations throughout the City. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
March 16, 2004
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003/2004 BUDGET BY APPROPRIATING
$14,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND (4/5THS
VOTE REQUIRED)
The Fiscal Year 2003/2004 budget authorized the purchase of the lift station/pool
maintenance pump truck during its normal replacement cycle. The vehicle cost a total of
$35,262. However, additional tools and cabinets are needed and were not included in the
purchase of this vehicle. Therefore, additional funds are needed to outfit the new pump
truck. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING CHANGES TO THE FIFTH EMERGENCY SERVICES AGREEMENT
The fifth amended emergency services agreement was ratified by the Council on
December 10, 2002. The proposed change will add a voting formula for a weighted vote.
(Fire Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $54,407 IN UNANTICIPATED GRANT FUNDS FROM THE FISCAL
YEAR 2003 FIREFIGHTER ASSISTANCE GRANT AND AMENDING THE FISCAL
YEAR 2004 FIRE DEPARTMENT BUDGET TO APPROPRIATE $77,725 WHICH
INCLUDES A LOCAL MATCH OF $23,318 FROM THE GENERAL FUND (4/5THS
VOTE REQUIRED)
The Fire Department has been awarded a federal grant of $54,407 ITom the Fiscal Year
2003 Firefighter Assistance Grant. The grant will be used to train and equip a Rapid
Intervention Team (RIT) to service Chula Vista and four neighboring communities. The
program consists of specialized training and equipment and two thermal cameras to
protect the health and safety of our firefighting personnel and the public. The grant
requires a thirty percent local cash match of $23,318, to be paid for by the General Fund.
(Fire Chief)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE 2004 BUDGET OF THE DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT, ACCEPTING THE REPORT ON THE 2004 BUDGET
OF THE DOWNTOWN PROPERTY-BASED BUSINESS IMPROVEMENT
DISTRICT, AND RATIFYING THE ELECTION OF THE 2004 DOWNTOWN
BUSINESS ASSOCIATION BOARD OF DIRECTORS AND OFFICERS
Page 3 - Council Agenda March 16, 2004
The Chula Vista Downtown Business Association was established in 1971 to promote
business activities in downtown Chula Vista and to aid in efforts to revitalize the area.
The Council resolution establishing the Downtown Business Improvement District and
the resolution establishing the Downtown Property-Based Business Improvement District
require that the association submit its budget and the results of its election of directors
and officers to the City Council in March of each year for ratification. (Director of
Community Development)
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.
11. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO
ESTABLISH A NEW FEE FOR MICROCHIP SERVICE FOR ADOPTED AND
CLAIMED ANIMALS AT THE ANIMAL CARE FACILITY
Adoption of the resolution amends the master fee schedule to implement a new fee for
animal control services at the Chula Vista Animal Care Facility. The fee will be used to
establish a microchip service. The new fee will be effective immediately upon approval
by the Council. (Police Chief)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH A NEW FEE
FOR MICROCHIP SERVICE FOR ADOPTED AND CLAIMED ANIMALS AT
THE CHULA VISTA ANIMAL CARE FACILITY
12. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION.
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Director of Finance)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
Page 4 - Council Agenda March 16, 2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REGARDING THE ASSESSMENT OF DELINQUENT SOLID WASTE
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF
LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
13. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 2579 RELATING TO
INTERIM PRE-SR 125 DEVELOPMENT IMP ACT FEE
In 1994, the Interim Pre-SR 125 Development Impact Fee (SR-125 DIF) was established
to ensure that sufficient funds would be available to construct a contingent north-south
transportation corridor should the SR-125 freeway not be constructed by CalTrans or not
be constructed in time to serve impending development. With financing now secured,
environmental constraints addressed, and construction underway for SR-125, City staff
recommends that the fee be tolled. Staff also recommends that the ordinance be amended
to allow transportation capacity enhancement improvements to be funded from fees
already collected for SR-125 DIF. (Director of General Services, City Engineer)
Staff recommendation: Council open the public hearing and continue it to the meeting of
March 23, 2004.
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.
. . 14. CONSIDERATION OF APPROVAL OF THE CONSOLIDATION OF THE
AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEMS (ARJIS) WITH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
Over the past several years, ARJIS has grown from 10 member agencies to 50 justice
agencies representing local, state and federal government within San Diego and Imperial
Counties. In order to expand and better meet the needs of the region, a committee
composed of the ARJIS Board and the Chiefs' /Sheriff s Management Committee have
been studying the feasibility of merging ARJIS with SANDAG. In November, the
ARJIS Board approved a consolidation plan, and in December, SANDAG also approved
the consolidation agreement. The agreement forms a new SANDAG policy committee
named the Public Safety Policy Advisory Committee, and the administrative and
financial functions of ARJIS would be transferred to SANDAG. The committee would
provide a uniform, seamless, and broadened regional approach to public safety functions
and operate like other SANDAG policy committees. (Chief of Police)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE JOINT POWERS AGREEMENT THAT CONSOLIDATES
THE AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEMS
(ARJIS) INTO SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
Page 5 - Council Agenda March 16, 2004
15. CONSIDERATION OF AWARDING A PURCHASING AGREEMENT FOR FIRE
D EP AR TMENT EQUIPMENT, APPROPRIATING FUNDS THEREFOR, AND
AMENDING THE FISCAL YEAR 2005 SPENDING PLAN TO ADD A FIRE
APPARATUS MECHANIC TO THE DEPARTMENT OF PUBLIC WORKS
OPERATIONS
Adoption of the resolutions awards a purchasing agreement to Pierce Manufacturing, Inc.
for two triple combination pumpers and appropriates funds from the equipment
replacement fund, allowing the Fire Department to expand the City's fire engine reserve
fleet and add an additional Fire Apparatus Mechanic to maintain the fire apparatus fleet.
(Fire Chief)
Staffrecommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASING AGREEMENT TO PIERCE
MANUFACTURING, INc. FOR TWO TRIPLE COMBINATION PUMPERS,
AMENDING THE FISCAL YEAR 2004 BUDGET BY APPROPRIATING
$740,195 FROM THE AVAILABLE BALANCE OF THE EQUIPMENT
REPLACEMENT FUND FOR THE PURCHASE OF THE PUMPERS,
AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAID
AGREEMENT, AND AMENDING THE FISCAL YEAR 2004 BUDGET BY
APPROPRIATING $250,000 FROM THE A V AILABLE BALANCE OF THE
GENERAL FUND FOR OUTFITTING COSTS TO CAPITAL
IMPROVEMENT PROJECT NO. PS-158 TO OUTFIT THE PUMPERS
(4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2005 SPENDING PLAN TO ADD ONE
FIRE APPARATUS MECHANIC TO THE DEPARTMENT OF PUBLIC
WORKS OPERA nONS (4/5THS VOTE REQUIRED)
16. CONSIDERATION OF AWARDING A PURCHASE AGREEMENT FOR
DEVELOPMENT OF A STRATEGIC BUSINESS PLAN FOR THE FIRE
DEPARTMENT AND APPROPRIATING FUNDS THEREFOR
Growth continues to have an impact on the services provided by the Fire Department and
its resources. As a result, the Fire Chief is recommending that the Department develop a
Business Strategic Plan using the Managing for Results framework developed by the
Weider Consulting Group. This framework will create a performance-based organization
that has the information needed to make decisions in a high-growth, fast-paced
community. Managing for Results is an integrated management system that focuses and
aligns people, resources and organizations on results for customers. (Fire Chief)
Staff recommendation: Council adopt the following resolution:
Page 6 - Council Agenda March 16, 2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND
AWARDING THE PURCHASE AGREEMENT TO WEIDNER CONSULTING
INC. FOR DEVELOPMENT OF A STRATEGIC BUSINESS PLAN FOR THE
FIRE DEPARTMENT AND AMENDING THE FISCAL YEAR 2004 FIRE
DEPARTMENT BUDGET BY APPROPRIATING $50,000 AND $18,000 FOR
PRE-FACILITATION WORKSHOPS FROM THE AVAILABLE BALANCE
OF THE PUBLIC FACILITIES DEVELOPMENT FUND (4/5THS VOTE
REQUIRED)
17. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE AGREEMENT
WITH ERICKSON-HALL CONSTRUCTION CO. TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE FOR THE SERVICES REQUIRED TO DESIGN
AND CONSTRUCT FIRE STATION NO.6. LOCATED AT EAST H STREET AND
MT. MIGUEL ROAD
During the Fiscal Year 2002-2003 capital improvement program budget process, staff
informed the Council that it was developing plans for the design and construction of a
4,200 square-foot, 2-bay Fire Station No.6, including the facilities and site work required
to provide fire service to the eastern territories of the City. The project is nearing the end
of the design phase and ready to start the construction phase. Adoption of the resolution
sets the guaranteed maximum price per the design build agreement with Erickson-Hall
Construction Co. for this project and appropriates additional funds necessary to complete
the project. (Director of General Services)
Staff recommendation: Council adopt the following resolutions:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FIRST AMENDMENT TO THE AGREEMENT WITH
ERICKSON-HALL CONSTRUCTION COMPANY TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE (GMP) FOR THE SERVICES
REQUIRED TO DESIGN AND CONSTRUCT FIRE STATION NO.6 (CIP
PS126) LOCATED AT EAST H STREET AND MT. MIGUEL ROAD IN THE
ROLLING HILLS RANCH COMMUNITY OF CHULA VISTA AND
APPROPRIATING ADDITIONAL FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
18. CONSIDERATION OF APPROV AL OF THE APPROPRIATION OF FUNDS
NECESSARY TO ADD PERSONNEL AND EQUIPMENT FOR THE NEW FIRE
STATION NO. 8
The Fire Department currently has a nine-station network planned to service Chula Vista.
Fire Station No.7 in Otay Ranch was built in 2003, and Fire Station No.6 will be
relocated to provide first-in coverage to Rolling Hills, San Miguel Ranch, and portions of
EastLake. Fire Station No.8, referred to as the Woods Fire Station, is proposed to be
built concurrently with the Rolling Hills Fire Station. (Fire Chief)
Staff recommendation: Council adopt the following resolutions:
Page 7 - Council Agenda March 16, 2004
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2005 SPENDING PLAN BY $775,945
FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO ADD
THREE CAPTAINS, THREE FIRE ENGINEERS, AND THREE
FIREFIGHTERS TO THE FIRE DEPARTMENT, AND AMENDING THE
FISCAL YEAR 2005 SPENDING PLAN BY $32,500 TO CONDUCT A
FIREFIGHTERS' ACADEMY AND $63,500 FOR FIREFIGHTER UNIFORMS
AND EQUIPMENT FROM THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FUND (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 CAPITAL IMPROVEMENT BUDGET
PROJECT NO. PS-158 BY $370,098 FOR THE PURCHASE OF A FIRE
ENGINE AND $125,000 FOR OUTFITTING OF THE ENGINE FROM THE
A V AILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMP ACT FUND, AWARDING A PURCHASING AGREEMENT TO PIERCE
MANUFACTURING, INc., AND AUTHORIZING THE PURCHASING
AGENT TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MA YOR'S REPORTS
21. 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).
22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. City of Chula Vista v. Barnhart (SDSC #GIC 801393)
23. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
ADJOURNMENT to the Regular Meeting of March 23, 2004, at 6:00 p.m. in the Council
Chambers.
Page 8 - Council Agenda March 16,2004
f f¿ /71.-
<
I
ì; I'V- March 8 2004
C~
~ 'J . I Joseph S. Sims
41./C xp' 2290 MacKenzie Creek Rd.
Apt. 221
Vt
D~\~ Chula Vista, CA 91914
Honorable Stephen C. Padilla
Mayor
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
Dear Mayor Padilla:
It is with great regret that I advise you that I am resigning my position as Commissioner
for the Human Relations Commission effectively immediately due to family and personal
reasons.
It has been an honor and a pleasure to serve on the commission, and I have tremendous
respect for Chair Anthony Jemison and his fellow comissioners, as well as for Capt.
Leonard Miranda and Joyce Sculark.
You should be very proud of the commission and its staff.
I wish you all the best with your future plans and stand ready to help in any way possible.
Sincerely yours,
, I)~'
~ '/( -~
/ 'þ~~- c_) . c~-~=.=-=>
(:'loseph S. Sims
I!. 1 n
, ,j
COUNCIL AGENDA STATEMENT
ITEM:-ß-
MEETING DATE: 3/16/2004
ITEM TITLE: Resolution Amending the Fiscal Year 2003-2004 budget for the City
Clerk's Department to appropriate $30,000 for unanticipated election costs
SUBMITTED BY: Susan Bigelo!~MC, City Clerk
Adoption of the resolution adds $30,000 to the Fiscal Year 2003-2004 elections budget to cover
the cost of the March 2, 2004 general municipal election.
RECOMMENDATIONS:
Council adopt the resolution. 4/5THS VOTE REQUIRED: ~Yes DNo
DISCUSSION:
The City contracts with the County Registrar of Voters for specified services for each election.
Chula Vista's cost for the March 2000 election was $31,000. The cost of the March 2002
election was $22,450. A total of $32,400 was budgeted in the City Clerk's Elections budget for
the March 2004 election; however, the Registrar is estimating that Chula Vista's election costs
will be $58,600.
The County's overall costs for the March election are estimated to be $4,850,000. This estimate
is based on comparable data for previous elections and the estimate of costs for the new
processes associated with the new voting system. Costs are apportioned among jurisdictions
participating in a given election based upon a weighted average formula for the number of
registered voters in each city or district and the number of pages in the sample ballot for their
candidates and/or measures. The March 2004 election has fewer participating jurisdictions as
compared to previous elections. For example, the March 2002 election involved six cities, five
school districts and three special districts. The March 2004 election will only involve five cities,
four school districts and two special districts. Adoption of the resolution will amend the City
Clerk's Elections budget to accommodate these additional costs.
FISCAL IMP ACT:
The net impact on the General Fund for Fiscal Year 2003-2004 is $30,000. These funds would
be allocated from the available balance of the General Fund to the City Clerk's Election budget
(03200), Specialized Services Account.
3 -I J:IClerkIBUDGETlAgenda statement election costs.2004-O3-16.doc
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2003-2004 BUDGET FOR
THE CITY CLERK'S DEPARTMENT TO APPROPRIATE $30,000
FOR UNANTICIPATED ELECTION COSTS
WHEREAS, the City contracts with the County Registrar of Voters for specified services
for each election; and
WHEREAS, San Diego County's overall estimated election costs are apportioned among
jurisdictions participating in the election based upon a weighted average formula for the number
of registered voters in each city or district and the number of pages in the sample ballot for their
candidates and/or measures; and
WHEREAS, the March 2000 and 2002 elections cost the City $31,000 and $22,450,
respectively; and
WHEREAS, a total of $32,400 was budgeted in the City Clerk's Elections budget for the
March 2004 election; and
WHEREAS, the Registrar estimated cost of the March 2004 election is significantly
higher than in past years because there were fewer participating jurisdictions as compared to
previous elections; and
WHEREAS, the Registrar is estimating that City's March 2004 election costs will be
approximately $58,600.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2003-2004 budget by appropriating $30,000 from the
available balance of the General Fund to the City Clerk Department's supplies and services
budget for unanticipated elections costs associated with the March 2004 general municipal
election.
Presented by Approved as to form by
DeL-- 7.. MCÞ-
Susan Bigelow Ann Moore
City Clerk City Attorney
3-~
'~I~ ro ::3
(}.f{;cw) Chn va ss
c,¡ re 5uJ.fs
CERTIFICATE
STATE OF CALIFORNIA)
)
COUNTY OF SAN DIEGO)
i, Sally McPherson, Registrar of Voters of thé County of San Diego, do
hereby certify that I have conducted the official canvass of the returns from the
Primary Election held on March 2, 2004, and that the following is a statement of
the results showing the total number of ballots cast, the totai number of votes cast
for each candidate, and the total number of votes for and against each measure.
Witness my hand and official seal this 30th day of March, 2004.
¿)~ (Y\ cp~
SALL cPHERSON
Registrar of Voters
--_...__.u._. ------.---...
COUNTY OF SAN DIEGO Dale:O4/01l04
OFFICIAL CANY ASS (FOR SAN DIEGO COUNTY ONLY) Time: 11 :24:57
CITY OF CHULA YIST A Page:! of24
TURN OUT CHULA VISTA - COUNCIL SEAT 3
Reg. I ~",dS 1% Reg I!ota' I ~ERRY R
Voters Casl Tumoul Voters Voles RINDONE
Jurisdktioo Wide
525100-CHULA VISTA
Polling 1142 273 23.91% 1142 212 209 98.58%
Absentee 1142 76 6.65% 1142 62 60 96.77%
Total 1142 349 30.56% 1142 274 269 98.18%
525200-CHULA VISTA
Polling 1145 293 25.59% 1145 230 226 98.26%
Absentee 1145 109 9.52% 1145 88 84 95.45%
Total 1145 402 35.11% 1145 318 310 97.48%
525500-CHULA VISTA
Polling 899 248 27.59% 899 185 180 97.30%
Absentee 899 148 16.46% 899 126 124 98.41%
Total 899 396 44.05% 899 311 304 97.75%
525600-CHULA VISTA
Polling 1205 380 31.54% 1205 308 303 98.38%
Absentee 1205 166 13.78% 1205 131 130 99.24%
Total 1205 546 45.31% 1205 439 433 98.63%
525700-CHULA VISTA
Polliog 342 121 35.38% 342 88 88 100.00%
Absentee 342 97 28.36% 342 82 81 98.78%
Total 342 218 63.74% 342 170 169 99.41%
525810-CHULA VISTA
Polling 1122 249 22.19% 1122 201 197 98.01%
Absentee 1122 142 12.66% 1122 117 112 95.73%
Total 1122 391 34.85% 1122 318 309 97.17%
526100-CHULA VISTA
Polling 1147 240 20.92% 1147 183 183 100.00%
Absentee 1147 193 16.83% 1147 165 165 100.00
Total 1147 433 37.75% 1147 348 348 100.00%
526400-CHULA VISTA
Polling 789 178 22.56% 789 135 134 99.26%
Absentee 789 112 14.20% 789 95 94 98.95%
Total 789 290 36.76% 789 230 228 99.13%
5264IO-CHULA VISTA
Polliog 339 114 33.63% 339 78 78 100.00%
Absentee 339 29 8.55% 339 22 22 100.00%
Total 339 143 42.18,* 339 100 100 100.00%
526500-CHULA VISTA
Polling 998 294 29.46% 998 237 230 97.05'*
Absentee 998 137 13.73% 998 113 112 99.12%
Total 998 431 43.19% 998 350 342 97.71%
526700-CHULA VISTA
Polling 836 280 33.49% 836 227 224 98.68%
Absentee 836 136 16.27% 836 112 112100.00%
Total 836 416 49.76% 836 339 336 99.12%
526900-CHULA VISTA
Polling 1032 211 20.45% 1032 163 161 98.77%
Absentee 1032 140 13.57% 1032 115 115 100.00%
Total 1032 351 34.01% 1032 278 276 99.28%
527200-CHULA VISTA
Polling 544 117 21.51% 544 96 92 95.83%
Absentee 544 36 6.62% 544 27 27 100.00%
Total 544 153 28.13% 544 123 119 96.75%
527700-CHULA VISTA
Polling 1128 361 32.00% 1128 292 284 97.26%
Absentee 1128 225 1995% 1128 194 193 99.48%
Total 1128 586 51.95% 1128 486 477 98.15')(
527800-CHULA VISTA
Polling 732 247 33.74% 732 203 194 95.57%
Absentee 732 ltO 15.Q3% 732 91 90 98.90%
Total 732 357 48.77% 732 294 284 96.60%
- .--.....-- -----~_..-
COUNTY OF SAN DIEGO Date:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: I 1:24:57
Page:2 of24
CITY OF CHULA VISTA
TURN OUT CHULA VISTA - COUNCIL SEAT)
Reg. I~MdS I~ Reg. I :otal I ¡ERRY R
Voters Cast Turnout Voters Votes RINDONE
528oo0-CHULA VISTA
Polling 1071 310 28.94% 1071 238 232 97.48%
Absentee 1071 148 13.82% 1071 121 116 95.87%
Total 1071 458 42.76% 1071 359 348 96.94%
528IOO-CHULA VISTA
Polling 537 142 26.44% 537 105 105 100.00%
Absentee 537 59 10.99% 537 47 44 93.62%
ToIa! 537 201 37.43% 537 152 149 98.03%
5282oo-CHULA VISTA
Polling 346 112 32.37% 346 83 83 100.00%
Absentee 346 57 16.47% 346 46 45 97.83%
ToIa! 346 169 48.84% 346 129 128 99.22%
528500-CHULA VISTA
Polling 867 319 36.79% 867 248 245 98.79%
Absentee 867 140 16.15% 867 115 115 100.00%
ToIa! 867 459 52.94% 867 363 360 99.17%
528820-CHULA VISTA
Polling 652 223 34.20% 652 185 183 98.92%
Absentee 652 79 12.12% 652 66 66 100.00%
ToIa! 652 302 46.32% 652 251 249 99.20%
528900-CHULA VISTA
Polling 949 257 27.08% 949 209 206 98.56%
Absentee 949 201 21.18% 949 158 158 100.00%
Total 949 458 48.26% 949 367 364 99.18%
52891O-CHULA VISTA
Polling 1092 352 32.23% 1092 279 274 98.21%
Absentee 1092 176 16.12% 1092 138 135 97.83%
Total 1092 528 48.35% 1092 417 409 98.08%
528920-CHULA VISTA
Polling 777 254 32.69% 777 193 190 98.45%
Absentee 777 101 13.00% 777 85 84 98.82%
ToIa! 777 355 45.69% 777 278 274 9856%
52894O-CHULA VISTA
Polling 1283 428 33.36% 1283 348 347 99.71%
Absentee 1283 162 12.63% 1283 129 129 100.00%
ToIa! 1283 590 45.99% 1283 477 476 99.79%
528970-CHULA VISTA
Polling 1037 248 23.92% 1037 191 190 99.48%
Absentee 1037 129 12.44% 1037 93 90 96.77%
Total 1037 377 36.35% 1037 284 280 9859%
529100-CHULA VISTA
Polling 1040 366 35.19% 1040 296 291 98.31%
Absentee 1040 223 21.44 1040 182 179 98.35%
TOIa! 1040 589 56.63% 1040 478 470 98.33%
5293OO-CHULA VISTA
Polling 961 338 35.17% 961 268 266 99.25%
Absentee 961 164 17.07% 961 131 128 97.71%
Total 961 502 52.24% 961 399 394 98.75%
5295OO-CHULA VISTA
Polling 392 121 30.87% 392 87 87 100.00%
Absentee 392 47 11.99% 392 39 39 100.00%
Total 392 168 42.86% 392 126 126 100.00%
52951O-CHULA VISTA
Polling 821 193 23.51% 821 162 160 98.77%
Absentee 821 82 9.99% 821 70 68 97.14%
Total 821 275 33.50% 821 232 228 98.28%
529520-CHULA VISTA
Polling 1222 189 15.47% 1222 155 154 99.35%
Absentee 1222 94 7.69% 1222 73 71 97.26%
Total 1222 283 23.16% 1222 228 225 98.68%
529600-CHULA VISTA
COUNTY OF SAN DIEGO Oale:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: I 1:24:57
Page:} of 24
CITYOFCHULA VISTA
TURN OUT CHULA VISTA - COUNCIL SEAT 3
Reg. I ~ards I ~urnout Reg. ITOtill IJERRYR
Voters Cast Voters Votes RINDONE
Polling 50B 155 30.51% 50B 130 12B 9B.46%
Absentee 50B 112 22.05% 508 93 93 100.00%
Total 50B 267 52.56% 508 223 221 99.10%
5297oo-CHULA VISTA
Polling B51 t57 IB.45,* B51 125 124 99.20%
Absentee B51 B5 9.99 B5] 76 74 97.37%
Total B51 242 2B.44% B51 201 19B 9B.51%
529900-CHULA VISTA
Polling 74B 151 20.19% 74B 124 123 99.19%
Absentee 74B 75 10.03% 74B 69 69 100.00%
Total 74B 226 30.21% 74B 193 192 99.48%
5301 IO-CHULA VISTA
Polling B82 230 26.0B% BB2 ]92 190 9B.96%
Absentee BB2 119 13.49% BB2 103 103 100.00%
Totill BB2 349 3957'* BB2 295 293 99.32%
530200-CHULA VISTA
Polling B55 2BO 32.75% B55 237 235 99.16%
Absentee B55 116 13.57% B55 93 92 9B.92%
Totill B55 396 46.32% B55 330 327 99.09%
530400-CHULA VISTA
Polling BB3 2B5 32.2B% B83 226 225 99.56%
Absentee BB3 123 13.93% B83 101 9B 97.03%
Totill 8B3 4OB 46.21% B83 327 323 9B.7B%
5305OO-CHULA VISTA
Polling 905 24B 27.40% 905 21t 209 99.05%
Absentee 905 115 12.71% 905 B8 BB 100.00%
Totill 905 363 40.11% 905 299 297 99.33%
5307oo-CHULA VISTA
Polling 646 201 31.11% 646 170 169 99.41%
Absentee 646 7B 12.07% 646 62 62 100.00%
Totill 646 279 43.19% 646 232 231 99.57%
5307IO-CHULA VISTA
Polling 61B 194 3U9% 61B 165 163 9B.79%
Absentee 61B 7B 12.62% 61B 65 64 9B.46%
Total 61B 272 44.01% 61B 230 227 9B.70%
531O00-CHULA VISTA
Polling 1015 227 22.36% 1015 IBO 173 96.11%
Absentee 1015 143 14.09% 1015 125 125 100.00%
Totill 1015 370 36.45% 1015 305 29B 97.70%
531O90-CHULA VISTA
Polling 1050 296 2B.19% 1050 239 234 97.91%
Absentee 1050 144 13.71% 1050 119 1t5 9664%
Totill 1050 440 41.90% 1050 358 349 97.49%
5312oo-CHULA VISTA
Polling 407 110 27.03% 407 90 90 100.00%
Absentee 407 75 IB.43% 407 63 61 96.B3%
Total 407 185 45.45% 407 153 151 98.69%
53131O-CHULA VISTA
Polling 903 19B 21.93% 903 162 15B 97.53%
Absentee 903 109 12.07% 903 91 B7 95.60%
Totill 903 307 34.00% 903 253 245 96.B4%
531390-CHULA VISTA
Polling 1014 231 22.7B% 1014 176 171 97.16'*
Absentee 1014 126 12.43% 1014 107 107 100.00%
Total 1014 357 35.21% 1014 2B3 27B 9B.23%
5314oo-CHULA VISTA
Polling 700 110 15.71% 700 B9 B9 100.00%
Absentee 7011 42 6.00% 700 33 32 96.97%
Totol 700 152 21.71% 700 122 121 99.18%
53 tB IO-CHULA VISTA
Polling 544 186 34.19% 544 14B 146 9B.65%
COUNTY OF SAN DIEGO Date:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:l1:24:57
Page:4 of 24
CITY OF CHULA VISTA
TURN OUT CHULA VISTA - COUNCIL SEAT 3
Reg. l~ardS 1% Reg. l;rotal /;ERRYR.
Voters Cast Turnout Voters Votes RINDONE
Abseotee 544 72 13.24% 544 60 60 loo.l)Q%
Total 544 258 47.43% 544 208 206 99.04%
531820-CHULA VISTA
Polliog 725 172 23.72% 725 138 138 100.00%
Absentee 725 89 1228% 725 68 68 100.00%
Total 725 261 36.00% 725 206 206 100.00%
531840-CHULA VISTA
Polling 1319 378 28.66% 1319 275 271 98.55%
Abseotee 1319 167 12.66% 1319 140 140 100.00%
Total 1319 545 41.32% 1319 415 411 99.O4~
53 I 850-CHULA VISTA
Polling 675 170 ;i:~~ 675 140 139 99.29%
Absentee 675 75 675 57 57 100.00%
Total 675 245 36.30% 675 197 196 99.49%
531870-CHULA VISTA
Polling 1101 343 31.15% 1101 256 254 99.22%
Abseotee 1101 108 9.81% 1101 83 82 98.80~
Total tIOI 451 40.96% 1101 339 336 99.12%
53 I 880-CHULA VISTA 22.28~
PoIling 1149 256 1149 188 186 98.94%
Absentee 1149 143 12.45% 1149 100 99 99.00%
Total 1149 399 34.73% 1149 288 285 98.96%
531890-CHULA VISTA
Polliog 975 222 22.77% 975 159 159 100.00%
Absentee 975 107 10.97% 975 76 75 98.68%
Total 975 329 33.74% 975 235 234 99.57%
5319OO-CHULA VISTA
Polling 1104 304 27.54% 1104 262 260 99.24'*
Abseotee 1104 I7J 15.67% 1104 127 127 100.00
Total 1104 477 4321% 1104 389 387 99.49%
531930-CHULA VISTA
PoIling 973 209 21.48% 973 165 162 98.18%
Absentee 973 125 12.85% 973 97 97100.00%
Total 973 334 34.33% 973 262 259 98.85%
532IOO-CHULA VISTA
Polling 970 230 23.71% 970 187 187 100.00%
Absentee 970 147 15.15% 970 121 113 93.39%
Total 970 377 38.87% 970 308 300 97.40%
53211O-CHULA VISTA
PoIliog 951 219 23.03% 951 162 160 98.77%
Absentee 951 115 12.09% 951 88 87 98.86%
Total 951 334 35.12% 951 250 247 98.80%
532140-CHULA VISTA
Polling 847 262 30.93% 847 193 193 100.00%
Absentee 847 107 12.63% 847 85 84 98.82%
Total 847 369 43.57% 847 278 277 99.64%
532190-CHULA VISTA
Polliog 313 92 29.39% 313 78 76 97.44%
Absentee 313 34 10.86'* 313 29 29 100.00%
Total 313 126 4026% 313 107 105 98.13%
532200-CHULA VISTA
PoIling 658 196 29.79% 658 162 161 99.38%
Absentee 658 57 8.66% 658 47 47 100.00%
Total 658 253 38.45% 658 209 208 99.52%
532210-CHULA VISTA
PoIling 702 122 17.38% 702 98 97 98.98%
Abseotee 702 72 10.26% 702 60 60 100.00%
Total 702 194 27.64% 702 158 157 9937%
532290-CHULA VISTA
Polling 1071 277 25.86% 1071 236 234 99.15%
Abseotee 1071 73 6.82% 1071 60 58 96.67%
---
COUNTY OF SAN DIEGO Date:O4/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:S7
Page:S of 24
CITY OF CHULA VISTA
TURN OUT CHULA VISTA - COUNCILSEATJ
Reg. 1~~dS I~ Reg. I Total IJERRYR.
Vote" Cast Turnout Vote" Votes RINDONE
Total 1071 350 32.68'J1 1071 296 292 98.65%
532320-CHULA VISTA
Polling 431 162 37.59'J1 431 122 121 99.18%
Absentee 431 32 7.42% 431 22 21 95.45%
Tnta1 431 194 45.01% 431 144 142 98.61%
532430-CHULA VISTA
Polling 1156 383 33.13% 1156 308 307 99.68%
Absentee 1156 146 12.63% 1156 112 112 100.00%
Total 1156 529 45.76% 1156 420 419 99.76%
5325OO-CHULA VISTA
Polling 688 217 31.54% 688 169 169 100.00%
Absentee 688 139 20.20% 688 105 105 100.00%
Tntal 688 356 51.74% 688 274 274 100.00%
532530-CHULA VISTA
Polling 743 249 33.51% 743 194 193 99.48%
Absentee 743 182 24.50% 743 121 118 97.52'J1
Total 743 431 58.01% 743 315 311 98.73%
532580-CHULA VISTA
Polling 914 218 23.85% 914 166 165 99.40%
Absentee 914 88 9.63% 914 68 68 100.00%
Tntal 914 306 33.48% 914 234 233 99.57%
5326oo-CHULA VISTA
Pnlling 1023 331 32.36% 1023 267 264 98.88%
Absentee 1023 160 15.64% 1023 126 125 99.21%
Total 1023 491 48.00% 1023 393 389 98.98%
532610-CHULA VISTA
Pnlling 486 106 21.81% 486 86 84 97.67%
Absentee 486 58 11.93% 486 44 44 100.00%
Total 486 164 33.74% 486 130 128 98.46%
532630-CHULA VISTA
Polling 976 246 25.20% 976 181 179 98.90%
Absentee 976 94 9.63% 976 74 74 100.00%
Total 976 340 34.84% 976 255 253 99.22%
532640-CHULA VISTA
Pnlling 932 235 25.21% 932 180 179 99.44%
Absentee 932 154 16.52% 932 122 119 97.54'J1
Total 932 389 41.74% 932 302 298 98.68%
532650-CHULA VISTA
Polling 785 194 24.71% 785 154 153 99.35%
Absentee 785 92 11.72% 785 69 68 98.55%
Tntal 785 286 36.43% 785 223 221 99.1O'JI
532660-CHULA VtSTA
Polling 926 282 30.45% 926 220 218 99.09%
Absentee 926 100 10.80% 926 76 74 97.37%
Total 926 382 41.25% 926 296 292 98.65%
532670-CHULA VISTA
Polling 1190 291 24.45% 1190 219 219 100.00%
Absentee 1190 138 11.60% 1190 110 109 99.09%
Total It90 429 36.05% 1190 329 328 99.70%
532700-CHULA VISTA
Polling 924 328 35.50% 924 258 256 99.22%
Absentee 924 208 22.51% 924 158 158 100.00%
Total 924 536 58.01% 924 416 414 99.52%
5327111-CHULA VISTA
Polliog 1217 358 29.42% 1217 283 281 99.29%
Absentee 1217 236 1939% 1217 176 176 100.00%
Totat 1217 594 48.81% 1217 459 457 99.56%
532760-CHULA VISTA
Polling 595 165 27.73% 595 126 125 99.21%
Absentee 595 114 19.16% 595 86 85 98.84%
Total 595 279 4(,.89% 595 212 210 99.06%
.. --...-...--.-.-.---.----....--...
COUNTY OF SAN DIEGO Ðate:O4/0JlO4
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:57
Page:6 of24
CITY OF CHULA VISTA
TURN OUT CHULA VISTA - COUNCIL SEAT 3
Reg I Cards 1% Reg. I ;row I JERRY R.
Voters Cast Turnout Voters Votes RINDONE
532770-CHULA VISTA
Polling 1101 375 34.06% 1101 282 280 99.29%
Absentee 1101 101 9.17% llOI 73 73 100.00%
Total 1101 476 43.23% 1101 355 353 99.44~
532780-CHULA VISTA
Polling 837 249 29.75'J1 837 183 180 98.36%
Absentee 837 108 12.90% 837 77 76 98.70%
ToW 837 357 42.65% 837 260 256 98.46%
532790-CHULA VISTA
Polling 1246 360 28.89% 1246 263 ~~~ I~~~
Absentee 1246 156 12.52% 1246 119
Total 1246 516 41.41% 1246 382 381 99.74'J1
532800-CHULA VISTA
Polling 1051 298 28.35% 1051 235 234 99.57%
Absentee 1051 124 11.80% 1051 86 86 100.00%
ToW 1051 422 40.15% 1051 321 320 99.69%
532870-CHULA VISTA
Polling 738 223 30.22% 738 180 179 99.44%
Absentee 738 64 8.67 738 45 44 97.78%
Total 738 287 38.89% 738 225 223 99.ll%
532900-CHULA VISTA
Polling 1089 264 24.24% 1089 179 179 100.00%
Absentee 1089 127 11.66% 1089 100 100 100.00%
Total 1089 391 35.90% 1089 279 279 100.00%
533060-CHULA VISTA
Polling 1031 241 23.38% 1031 186 185 99.46%
Absentee 1031 112 10.86% 1031 91 91 100.00%
Total 1031 353 34.24% 1031 277 276 99.64%
533080-CHULA VISTA
Polling 1199 239 1993% 1199 181 180 99.45%
Absentee 1199 103 8.59% ll99 74 74 100.00%
Total ll99 342 28.52% 1199 255 254 99.61%
537700-CHULA VISTA
Polling 1218 271 22.25% 1218 229 226 98.69%
Absentee 1218 118 9.69% 1218 98 98 100.00
Total 1218 389 31.94% 1218 327 324 99.08%
538300-CHULA VISTA
Polling 995 197 19.80% 995 163 163 100.00%
Absentee 995 110 11.06% 995 89 88 98.88%
ToW 995 307 30.85% 995 252 251 99.60%
538410-CHULA VISTA
Polling 733 147 20.05% 733 123 122 99.19%
Absentee 733 70 9.55% 733 60 58 96.67%
Total 733 217 29.60% 733 183 180 98.36%
538600-CHULA VISTA
Polling 1015 222 21.87% 1015 164 164 100.00%
Absentee 1015 159 15.67% 1015 138 137 99.28%
Total 1015 381 37.54% 1015 302 301 99.67%
53881O-CHULA VISTA 99.24'J1
Polling 668 168 25.15% 668 132 131
Absentee 668 127 19.01% 668 110 109 99.09%
Total 668 295 44.16% 668 242 240 99.17%
539000-CHULA VISTA
Polling 1028 232 22.57% 1028 167 165 98.80%
Absentee 1028 110 10.70% 1028 95 94 98.95%
Total 1028 342 33.27% 1028 262 259 98.85%
53931O-CHULA VISTA
Polling 683 137 20.06% 683 116 116 10000%
Absentee 683 60 8.78% 683 45 45 100.00%
Total 683 197 28.84% 683 161 161 100.00%
999237-CHULA VISTA-ABSENTEE
COUNTY OF SAN DIEGO Date:O4/01/04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:58
Page:? of24
CITY OF CHULA VISTA
TURN OUT CHULA VISTA - COUNCIL SEAT 3
Reg. I Cards 1 ~umout Reg. I;otal I~ERRYR.
Vote" Cast Voters Votes RINDONE
Polling 287 0 0.00% 287 0 0
Absentee 287 120 41.81% 287 84 84 100.00%
Total 287 120 41.81% 287 84 84 100.00%
999240-CHULA VISTA-ABSENTEE
Polbog 54 0 0.00% 54 0 0
Absentee 54 17 31.48% 54 15 15 100.00
Total 54 17 31.48% 54 15 15 100.00%
999250-CHULA VISTA-ABSENTEE
Polling 0 0 0 0 0
Absentee 0 0 0 0 0
Total 0 0 0 0 0
999275-CHULA VISTA-ABSENTEE 0.00%
Polling 51 0 51 0 0
Absentee 51 20 39.22% 51 17 17 100.00%
Total 51 20 39.22% 51 17 17 100.00%
Total
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
CONGRESSIONAL DISTS 2001
51ST CONGRESSIONAL DlST
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
Total
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
STATE BOARD OF EQUALIZATION
3RD BD OF EQUAL DlST
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
Total
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
STATE SENATORIAL DlSTS 2001
36TH SENATORIAL DIST
Polling 287 0 0.00% 287 0 8~ 100.00%
Absentee 287 120 41.81% 287 84
Total 287 120 41.81% 287 84 84 100.00%
40TH SENATORIAL DlST
Polling 80232 21557 26.87% 80232 16964 16779 98.91%
Absentee 80232 10549 13.15% 80232 8420 8321 98.82%
Total 80232 32106 40.02% 80232 25384 25100 98.88%
Total
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 '405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
STATE ASSEMBLY DlST'S 2001
78TH ASSEMBLY DlST
Polling 38797 10803 27.84% 38797 8398 8333 99.23%
Absentee 38797 5175 13.34% 38797 3943 3915 99.29%
Total 38797 15978 41.18% 38797 12341 12248 99.25%
79TH ASSEMBLY DIST
Polling 41722 10754 2578% 41722 8566 8446 98.60%
-.-----.--- --
COUNTY OF SAN DIEGO Date:O4/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:S8
Page:8 of 24
CITY OF CHULA VISTA
TURN OUT CHULA VISTA - COUNCIL SEAT 3
Reg. JERRY R.
Voters RINDONE
Absentee 41722 4490 98.44%
Total 41722 12936 98.54%
Total
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88%
SUPERVISORIAL DISTRICTS 2001
1ST SUPERVISORIAL D1ST
Polling 80519 21557 26.77% 80519 16964 16779 98.91%
Absentee 80519 10669 13.25% 80519 8504 8405 98.84%
Total 80519 32226 40.02% 80519 25468 25184 98.88~
Total
Polling 80519 16964 16779 98.91%
Absentee 80519 8504 8405 98.84%
Total 80519 25468 25184 98.88
.--..-.........------ ---
COUNTY OF SAN DIEGO Oale:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:lI:24:58
Page:9 of24
CITY OF CHULA VISTA
CHULA VISTA - COUNCIL SEAT 4
Reg. I Total I ~TEVEN lOAN HOM I JOHN L. I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
Jurisdiction Wide
5251OO-CHULA VISTA
Pulling 1142 239 84 35.15% 53 22.18% 7 2.93% 71 29.71%
Absentee 1142 73 21 28.77% 23 31.51% 7 9.59% 8 10.96%
Total 1142 312 105 33.65% 76 24.36% 14 4.49% 79 25.32%
525200-CHULA VISTA
Polling 1145 273 66 24.18% 87 31.87% 8 2.93% 85 31.14%
Absentee 1145 101 27 26.73% 45 44.55% 4 3.96% 15 14.85%
Total 1145 374 93 24.87% 132 35.29% 12 3.21% 100 26.74%
5255OO-CHULA VISTA
Polling 899 217 45 20.74% 62 28.57% 4 1.84% 85 39.17%
Absentee 899 131 23 17.56% 63 48.09% 3 2.29% 27 20.61%
Tntal 899 348 68 19.54% 125 35.92% 7 2.01% 112 32.18%
525600-CHULA VISTA
PnIling 1205 356 76 21.35% 139 39.04% 7 1.97% 105 29.49%
Absentee 1205 149 33 22.15% 64 42.95% 1 0.67% 26 17.45%
Tntal 1205 505 109 21.58% 203 40.20% 8 1.58% 131 25.94%
5257oo-CHULA VISTA
PnIling 342 104 32 30.77% 21 20.19% 3 2.88% 35 33.65%
Absenlee 342 81 17 20.99% 44 54.32% 1 1.23% 9 11.11%
Tntal 342 185 49 26.49% 65 35.14% 4 2.16% 44 23.78%
525810-CHULA VISTA
PnIling 1122 224 4S 21.43% 78 3482% 6 2.68% 67 29.91%
Absentee 1122 131 28 21.37% 59 45.04% 2 1.53% 32 24.43%
Total 1122 355 76 21.41% 137 38.59% 8 2.25% 99 27.89%
5261oo-CHULA VISTA
Polliog 1147 213 67 31.46% 67 31.46% 6 2.82% 57 26.76%
Absentee 1147 176 31 17.61% 87 49.43% 6 3.41% 41 23.30%
Total 1147 389 98 25.19% 154 39.59% 12 3.08% 98 25.19%
526400-CHULA VISTA
PoIling 789 155 52 33.55% 45 29.03% 8 5.16% 38 24.52%
Absentee 789 101 25 24.75% 44 43.56% 4 3.96% IS 14.85%
Total 789 256 77 30.08% 89 34.77% 12 4.69% 53 20.70%
526410-CHULA VISTA
Polling 339 95 23 24.21% 28 29.47% 5 5.26% 33 34.74%
Ab,entee 339 26 6 23.08% 7 26.92% 0 0.00% 12 46.15%
Total 339 121 29 23.97% 35 28.93% 5 4.13% 45 37.19%
526500-CHULA VISTA
Polling 998 277 64 23.10% 92 33.21% 8 2.89% 87 31.41%
Absentee 998 120 28 23.33% 58 48.33% 2 1.67% 16 13.33%
Total 998 397 92 23.17% 150 37.78% 10 2.52% 103 25.94%
526700-CHULA VISTA
Polling 836 258 53 20.54% 85 32.95% 5 1.94% 96 37.21%
Abseotee 836 125 14 11.20% 62 49.60% 0 0.00% 32 25.60%
Total 836 383 67 17.49% 147 38.38% 5 1.31% 128 33.42%
5269OO-CHULA VISTA
Polling 1032 190 57 30.00% 57 30.00% 6 3.16% 45 23.68%
Absentee 1032 126 28 22.22% 54 42.86% 7 5.56% 13 10.32%
Tntal 1032 316 85 26.90% III 35.13% 13 4.11% 58 18.35%
527200-CHULA VISTA
Pnlling 544 107 33 30.84% 28 26.17% 3 2.80% 33 30.84%
Absentee 544 31 6 19.35% 9 29.03% 1 3.23% 7 22.58%
Tntal 544 138 39 28.26% 37 26.81% 4 2.90% 40 28.99%
5277oo-CHULA VISTA
Polling 1128 330 74 22.42% 148 44.85% 5 1.52% 71 21.52%
Absentee 1128 211 44 20.85% 116 54.98% 2 0.95% 30 14.22%
Total 1128 541 118 21.81% 264 48.80% 7 1.29% 101 18.67%
527800-CHULA VISTA
Polling 732 224 39 17.41% 90 40.18% 9 4.02% 71 31.70%
Absentee 732 102 13 12.75% 48 47.06% 3 2.94% 28 27.45%
To",1 732 326 52 15.95% 138 42.33% 12 3.68% 99 30.37%
.---..-- ---------.
COUNTY OF SAN DIEGO Date:O4/01lO4
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:1l:24:58
Page:lOof24
CITY OF CHULA VISTA
CHULA VISTA-COUNCILSEAT4
Reg. ¡TOtal I~TEVEN IDANHOM [JOHNL I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
5280oo-CHULA VISTA
Polling 1071 282 57 20.21% 85 30.14% 9 3.19% III 3936%
Absentee 1071 138 29 21.01% 69 50.00% 4 2.90% 26 18.84%
Total 1071 420 86 20.48% 154 36.67% 13 3.10% 137 32.62%
5281oo-CHULA VISTA
Polling 537 117 30 25.64% 37 31.62% 4 3.42% 30 25.64%
Absentee 537 58 13 22.41% 23 39.66% 3 5.17% 3 5.17%
Total 537 175 43 24.57% 60 34.29% 7 4.00% 33 18.86%
528200-CHULA VISTA
Polling 346 101 23 22.77% 44 43.56% 3 2.97% 20 19.80%
Absenlee 346 48 13 27.08% 20 41.67% 1 2.08% 8 16.67%
Total 346 149 36 24.16% 64 42.95% 4 2.68% 28 18.79%
5285OO-CHULA VISTA
Polling 867 290 67 23.10% 101 34.83% 7 2.41% 86 29.66%
Absentee 867 125 20 16.00% 73 58.40% 2 1.60% 21 16.80%
Total 867 415 87 20.96% 174 41.93% 9 2.17% 107 25.78%
528820-CHULA VISTA
Polling 652 209 43 20.57% 94 44.98% 4 1.91% 46 22.01%
Absentee 652 67 8 11.94% 40 59.70% 0 O.cJO% 13 19.40%
Total 652 276 51 18.48% 134 48.55% 4 1.45% 59 21.38%
5289OO-CHULA VISTA
Polling 949 237 60 2532% 113 47.68% 2 0.84% 49 20.68%
Absentee 949 185 45 2432% 102 55.14% 3 1.62% 12 6.49%
Total 949 422 105 24.88% 215 50.95% 5 1.18% 61 14.45%
52891O.CHULA VISTA
Polling 1092 310 72 23.23% 138 44.52% 9 2.90% 70 22.58%
Absentee 1092 151 26 17.22% 85 56.29% 2 1.32% 18 11.92%
Total 1092 461 98 21.26% 223 48.37% II 2.39% 88 19.09%
528920-CHULA VISTA
Polling 777 229 46 20.09% !l8 51.53% 4 1.75% 42 1834%
Absentee 777 95 30 31.58% 44 4632% 2 2.11% 11 11.58%
Total 777 324 76 23.46% 162 50.00% 6 1.85% 53 16.36%
528940-CHULA VISTA
Polling 1283 394 95 24.11% 162 41.12% 8 2.03% 92 23.35%
Absentee 1283 141 45 31.91% 49 34.75% 4 2.84% 24 17.02%
Total 1283 535 140 26.17% 211 39.44% 12 2.24% 116 21.68%
528970-CHULA VISTA
Polling 1037 225 49 21.78% 95 42.22% 7 3.11% 52 23.11%
Absentee 1037 108 21 19.44% 49 45.37% 4 3.70% 16 14.81%
Total 1037 333 70 21.02% 144 43.24% II 3.30% 68 2Q.42%
529Ioo.CHULA VISTA
Polling 1040 338 72 21.30% 176 52.07% 7 2.07% 67 19.82%
Absentee 1040 207 20 9.66% 149 71.98% 3 1.45% 23 11.11%
Total 1040 545 92 16.88% 325 59.63% 10 1.83% 90 16.51%
5293oo.CHULA VISTA
Polling 961 308 62 20.13% 144 46.75% 3 0.97% 73 23.70%
Absentee 961 149 29 19.46% 92 61.74% I 0.67% 12 8.05%
Total 961 457 91 19.91% 236 51.64% 4 0.88% 85 18.60%
5295OO-CHULA VISTA
Polling 392 106 32 30.19% 29 27.36% 0 0.00% 28 26.42%
Absentee 392 42 5 11.90% 21 50.00% 0 0.00% 9 21.43%
Total 392 148 37 25.00% 50 33.78% 0 0.00% 37 25.00%
52951O-CHULA VISTA
Polling 821 174 53 30.46% 64 36.78% 3 1.72% 40 22.99%
Absentee 821 74 22 29.73% 28 37.84% 4 5.41% II 14.86%
Tolal 821 248 75 30.24% 92 3710% 7 2.82% 51 20.56%
529520.CHULA VISTA
Polling 1222 178 56 31.46% 43 2416% 4 2.25% 51 28.65%
Absentee 1222 80 25 31.25% 28 35.00% 4 5.00% 16 20.00%
Total 1222 258 81 31.40% 71 27.52% 8 3.10% 67 25.97%
529600-CHULA VISTA
COUNTY OF SAN DIEGO Dale:O4/0l/04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: 11:24:58
Page:ll of24
CITY OF CHULA VISTA
CHULA VISTA - COUNCIL SEAT 4
Reg. I :otal I ~TEVEN ¡DAN HOM I JOHN L. I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
Polling 508 141 39 27.66% 39 27.66% 3 2.13% 43 30.50%
Absentee 508 106 19 17.92% 52 49.06% I 0.94% 24 22.64%
Total 508 247 58 23.48% 91 36.84% 4 1.62% 67 27.13%
5297oo-CHULA VISTA
Polling 851 135 56 41.48% 28 20.74% 0 0.00% 38 28.15%
Absentee 851 78 20 25.64% 33 42.31% 0 0.00% t6 20.51%
Total 851 213 76 35.68% 61 28.64% 0 0.00% 54 25.35%
5299OO-CHULA VISTA
Pnlling 748 142 44 30.99% 32 22.54% 2 1.41% 47 33.10%
Absentee 748 72 26 36.11 % 17 23.61% 0 0.00% 19 26.39%
Tntal 748 214 70 32.71% 49 22.90% 2 0.93% 66 30.84%
5301I0-CHULA VISTA
Polling 882 215 63 29.30% 71 33.02% 4 1.86% 56 26.05%
Absentee 882 114 30 26.32% 63 55.26% 2 1.75% 13 11.40%
Total 882 329 93 28.27% 134 40.73% 6 1.82% 69 20.97%
5302oo-CHULA VISTA
Polling 855 259 48 18.53% 136 5251% I 0.39% 50 19.31%
Absentee 855 110 19 11.27% 65 59.09% I 0.91% II 1000%
Total 855 369 67 18.16% 201 54.47% 2 054% 61 1653%
530400-CHULA VISTA
Polling 883 259 57 22.01% 115 4440% 4 154% 70 27.03%
Absentee 883 111 29 24.79% 61 52.14% 0 0.00% 17 1453%
Total 883 376 86 22.87% 176 46.81% 4 1.06% 87 23.14%
5305OO-CHULA VISTA
Polling 905 235 60 2553% 82 34.89% 5 2.13% 65 27.66%
Absentee 905 105 27 25.11% 55 52.38% 2 1.90% 10 9.52%
Total 905 340 87 25.59% 137 40.29% 7 2.06% 75 22.06%
5307oo-CHULA VISTA
Polling 646 189 57 30.16% 71 37.57% I 053% 38 20.11%
Absentee 646 69 14 20.29% 26 37.68% 2 2.90% 21 30.43%
Total 646 258 71 2752% 97 37.60% 3 1.16% 59 22.87%
53071O-CHULA VISTA
Polling 618 180 50 27.78% 65 36.11% I 0.56% 44 24.44%
Absentee 618 68 21 30.88% 30 44.12% 3 4.41% II 16.t8%
Total 618 248 71 28.63% 95 38.31% 4 1.61% 55 22.18%
531O00-CHULA VISTA
Polling 1015 208 49 2356% 82 39.42% 2 0.96% 61 29.33%
Absentee 1015 137 41 29.93% 52 37.96% 3 2.19% 26 18.98%
Total 1015 345 90 26.09% 134 38.84% 5 1.45% 87 25.22%
531O90-CHULA VISTA
Polling 1050 266 58 21.80% 103 38.72% 7 2.63% 72 27.07%
Absentee 1050 126 29 23.02% 55 43.65% I 0.79% 28 22.22%
Total 1050 392 87 22.19% 158 40.31% 8 2.04% 100 2551%
5312oo-CHULA VISTA
Polling 407 104 30 28.85% 48 46.15% I 0.96% 19 18.27%
Absentee 407 70 24 34.29% 28 40.00% I 1.43% 8 11.43%
Total 407 174 54 31.03% 76 43.68% 2 1.15% 27 15.52%
53 13 IO-CHULA VISTA
Polling 903 175 43 24.57% 41 23.43% 2 1.14% 74 42.29%
Absentee 903 101 31 30.69% 39 38.61% 4 3.96% 14 13.86%
Total 903 276 74 26.81% 80 28.99% 6 2.17% 88 31.88%
531390-CHULA VISTA
Polling 1014 211 53 25.12% 54 25.59% 5 2.37% 80 37.91%
Absentee 1014 113 24 21.24% 36 31.86% 6 5.31% 19 16.81%
Totat 1014 324 77 23.77% 90 27.78% II 3.40% 99 30.56%
5314oo-CHULA VISTA
Polling 700 98 41 4184% 17 11.35% I 1.02% 30 30.61%
Absentee 7011 33 II 33.33% II 33.33% I 3.03% 5 15.15%
Total 700 131 52 39.69% 28 21.37% 2 1.53% 35 26.72%
53181O-CHULA VISTA
Polling 544 160 45 28 \3% 60 37.50% 4 250% 3\ \9.38%
-.---.--- ._-----
COUNTY OF SAN DIEGO DaIe:O4/01/04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:58
Page: 12 of24
CITYOFCHULA VISTA
CHULA VISTA~COUNCtLSEAT4
Reg. I Total I STEVEN IDANHOM I JOHN L I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
Absentee 544 65 18 27.69% 31 47.69% 0 0.00% 8 12.31%
Total 544 225 63 2800% 91 40.44% 4 1.78% 39 17.33%
531820~CHULA VISTA
Polling 725 154 28 18.18% 73 47.40% 4 2.60% 31 20.13%
Absentee 725 83 16 19.28% 42 50.60% 10 12.05% II 13.25%
Total 725 237 44 18.57% 115 48.52% 14 5.91% 42 17.72%
53184O-CHULA VISTA
Polling 1319 327 67 20.49% 151 46.18% 9 2.75% 66 20.18%
Absentee 1319 146 28 19.18% 65 44.52% 4 2.74% 23 15.75%
Total 1319 473 95 20.08% 216 45.67% 13 2.75% 89 18.82%
531850~CHULA VISTA
Polling 675 158 28 17.72% 86 54.43% 2 1.27% 31 19.62%
Absentee 675 68 II 16.18% 36 52.94% 3 4.41% 8 11.76%
Total 675 226 39 17.26% 122 53.98% 5 2.21% 39 17.26%
531870~CHULA VISTA
Polling 1101 302 55 18.21% 146 48.34% 8 2.65% 71 23.51%
Absentee 1101 97 12 12.37% 57 58.76% 4 4.12% 16 16.49%
Total 1101 399 67 16.79% 203 50.88% 12 3.01% 87 21.80%
531880-CHULA VISTA
Polling 1149 239 49 20.50% 112 46.86% 7 2.93% 49 20.50%
Absentee 1149 128 29 22.66% 67 52.34% 5 3.91% 20 15.63%
Total 1149 367 78 21.25% 179 48.77% 12 3.27% 69 18.80%
531890~CHULA VISTA
Polling 975 194 36 18.56% 96 49.48% 6 3.09% 40 20.62%
Absentee 975 88 12 13.64% 51 57.95% 3 3.41% 19 21.59%
Total 975 282 48 17.02% 147 52.13% 9 3.19% 59 20.92%
531900-CHULA VISTA
Polling 1104 283 75 26.50% 90 31.80% 12 4.24% 69 24.38%
Absentee 1104 145 26 17.93% 73 50.34% 2 1.38% 25 17.24%
Total 1104 428 101 23.60% 163 38.08% 14 3.27% 94 21.96%
531930~CHULA VISTA
Polling 973 184 39 21.20% 103 55.98% 2 1.09% 26 14.13%
Absentee 973 112 29 25.89% 57 50.89% 3 2.68% 11 9.82%
Total 973 296 68 22.97% 160 54.05% 5 1.69% 37 12.50%
5321oo-CHULA VISTA
Polling 970 208 47 22.60% 70 33.65% 4 1.92% 72 34.62%
Absentee 970 134 23 17.16% 68 50.75% 2 1.49% 29 21.64%
Tntal 970 342 70 20.47% 138 40.35% 6 1.75% 101 29.53%
532110~CHULA VISTA
Polling 951 192 76 39.58% 45 23.44% 3 1.56% 49 25.52%
Absentee 951 110 38 34.55% 38 34.55% 4 3.64% 18 16.36%
Total 951 302 114 3775% 83 27.48% 7 2.32% 67 22.19%
53214O~CHULA VISTA
Polling 847 223 45 20.18% 99 44.39% 5 2.24% 48 21.52%
Absentee 847 92 16 17.39% 50 54.35% 4 4.35% 10 10.87%
Total 847 315 61 19.37% 149 47.30% 9 2.86% 58 18.41%
5J2190~CHULA VISTA
Polling 313 89 28 31.46% 22 24.72% 5 5.62% 22 24.72%
Absentee 313 31 14 45.16% 12 38.71% 0 0.00% 3 9.68%
Total 313 120 42 35.00% 34 28.33% 5 4.17% 25 20.83%
532200~CHULA VISTA
Polling 658 175 41 23.43% 58 33.14% I 0.57% 52 29.71%
Absentee 658 51 II 21.57% 26 50.98% 0 0.00% 6 11.76%
Total 658 226 52 23.01% 84 37.17% I 044% 58 25.66%
53221O~CHULA VISTA
Polling 702 117 35 29.91% 27 23.08% 3 2.56% 42 35.90%
Absentee 702 66 20 30.30% 20 30.30% 0 0.00% 10 15.15%
Total 702 183 55 30.05% 47 25.68% 3 1.64% 52 28.42%
532290~CHULA VISTA
Polling 1071 257 66 25.68% 91 35.41% 14 5.45% 63 24.51%
Absentee 1071 68 20 29.41 % 27 39.71% 2 2.94% 12 17.65%
.._._---_._._--~..~-_....._.
COUNTY OF SAN DIEGO Date:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: 11 :24:58
Page:!3 of24
CITY OF CHULA VISTA
CHULA VISTA - COUNCIL SEAT 4
Reg. I ;otaI ¡STEVEN IDANHOM I ~OHN L I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
Total 1071 325 86 26.46% 118 36.31% 16 4.92% 75 23.08%
532320-CHULA VISTA
Polling 431 148 25 16.89% 77 52.03% 2 1.35% 30 20.27%
Absentee 431 22 5 22.73% 11 50.00% I 4.55% 4 18.18%
Total 431 170 30 17.65% 88 51.76% 3 1.76% 34 20.00%
532430-CHULA VISTA
Polling 1156 351 62 17.66% 159 45.30% 8 2.28% 86 24.50%
Absentee 1156 130 15 11.54% 81 62.31% 2 1.54% 17 13.08%
Total 1156 481 77 16.01% 240 49.90% 10 2.08% 103 21.41%
5325OO-CHULA VISTA
Polling 688 186 58 3118% 84 45.16% 5 2.69% 24 12.90%
Absentee 688 115 20 1739% 63 54.78% 2 1.74% 19 1652%
Total 688 301 78 2591% 147 48.84% 7 2.33% 43 14.29%
532530-CHULA VISTA
Polling 743 215 58 26.98% 104 48.37% 7 3.26% 22 10.23%
Absentee 743 138 25 18.12% 74 53.62% 5 3.62% 19 13.77%
Total 743 353 83 23.51% 178 50.42% 12 3.40% 41 11.61%
532580-CHULA VISTA
Polling 914 186 31 16.67% 70 37.63% 6 3.23% 58 31.18%
Absentee 914 77 14 18.18% 42 54.55% I 1.30% 18 23.38%
Total 914 263 45 17.11% 112 4259% 7 2.66% 76 28.90%
532600-CHULA VISTA
Polliog 1023 292 91 31.16% 110 37.67% 10 3.42% 43 14.73%
Absentee 1023 135 28 20.74% 78 57.78% I 0.74% 10 7.41%
Total 1023 427 119 27.87% 188 44.03% 11 2.58% 53 12.41%
53261O-CHULA VISTA
Polling 486 97 23 23.71% 43 44.33% 2 2.06% IS 15.46%
Absentee 486 50 8 16.00% 28 56.00% 4 8.00% 7 14.00%
Total 486 147 31 21.09% 71 48.30% 6 4.08% 22 14.97%
532630-CHULA VISTA
Polling 976 212 48 22.64% 85 40.09% 6 2.83% 49 23.11%
Absentee 976 82 22 26.83% 24 29.27% 3 3.66% 15 18.29%
Total 976 294 70 23.81% 109 37.07% 9 3.06% 64 21.77%
53264Q-CHULA VISTA
Polling 932 204 52 25.49% 91 44.61% 7 3.43% 33 16.18%
Absentee 932 133 27 20.30% 75 56.39% 0 0.00% 15 11.28%
Total 932 337 79 23.44% 166 49.26% 7 2.08% 48 14.24%
532650-CHULA VISTA
Polling 785 178 31 17.42% 80 44.94% 4 2.25% 51 28.65%
Absentee 785 78 13 16.67% 32 41.03% 3 3.85% 26 33.33%
Total 785 256 44 17.19% 112 43.75% 7 2.73% 77 30.08%
532660-CHULA VISTA
Polling 926 242 66 27.27% 81 33.47% 4 1.65% 67 27.69%
Absentee 926 81 18 22.22% 38 46.91% 0 0.00% 13 16.05%
Total 926 323 84 26.01% 119 36.84% 4 1.24% 80 24.77%
532670-CHULA VISTA
Polling 1190 251 63 25.10% 96 38.25% 8 3.19% 62 24.70%
Absenlee 1190 117 25 21.37% 49 41.88% 6 5.13% 24 20.51%
Total 1190 368 88 23.91% 145 39.40% 14 3.80% 86 23.37%
532700-CHULA VISTA
Polling 924 299 56 18.73% 161 53.85% 2 0.67% 59 19.73%
Absentee 924 176 25 14.20% 122 69.32% 2 114% 16 9.09%
Total 924 475 81 17.05% 283 59.58% 4 0.84% 75 15.79%
53271O-CHULA VISTA
Polling 1217 318 106 33.33% 130 40.88% 4 1.26% 59 1855%
Absentee 1217 201 74 3682% 81 40.30% 5 2.49% 21 10.45%
Total 1217 519 180 34.68% 211 40.66% 9 1.73% 80 1541%
532760-CHULA VISTA
Po!ling 595 155 31 20.00% 88 56.77% 5 3.23% 25 16.13%
Absentee 595 96 23 23.96% 55 5729% 2 2.08% 13 13.54%
Totol 595 251 54 21.51% 143 56.97% 7 2.79% 38 15.14%
---..-.,. ,----.---
COUNTY OF SAN DIEGO Date:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:Il:24:58
Page: 14 of24
CITY OF CHULA VISTA
CHULA VISTA - COUNCIL SEAT 4
Reg. I Total I ~TEVEN IDANHOM I;OHNL ¡RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
532770-CHULA VtSTA
Polling 1101 337 87 25.82% 149 44.21% 7 2.08% 69 20.47%
Absentee 1101 88 14 15.91% 46 52.27% 2 2.27% 17 19.32%
Total 1101 425 101 23.76% 195 45.88% 9 2.12% 86 20.24%
532780-CHULA VISTA
Polling 837 218 52 23.85% 85 38.99% 7 3.21% 50 22.94%
Ab"ntee 837 94 28 29.79% 34 36.17% 3 3.19% 20 21.28%
Total 837 312 80 25.64% 119 38.14% 10 3.21% 70 22-44%
532790-CHULA VISTA
Polling 1246 312 61 19.55% 131 41.99% 8 2.56% 87 27.88%
Absentee 1246 135 29 21.48% 56 41.48% 5 3.70% 30 22.22%
Total 1246 447 90 20.13% 187 41.83% 13 2.91% 117 26.17%
532800-CHULA VISTA
Polting 1051 262 67 25.57% 106 40.46% 10 3.82% 59 22.52%
Ab"ntee 1051 98 17 17.35% 47 47.96% 7 7.14% 23 23.47%
Total 1051 360 84 2333% 153 42.50% 17 4.72% 82 22.78%
532870-CHULA VISTA
Po!hng 738 206 47 22.82% 95 46.12% 5 2.43% 41 19.90%
Absentee 738 51 9 17.65% 29 56.86% 2 3.92% 6 11.76%
Total 738 257 56 21.79% 124 48.25% 7 2.72% 47 18.29%
532900-CHULA VISTA
Po!hng 1089 226 37 16.37% 115 50.88% 5 2.21% 47 20.80%
Ab"ntee 1089 116 18 15.52% 66 56.90% 2 1.72% 11 9.48%
Total 1089 342 55 16.08% 181 52.92% 7 2.05% 58 16.96%
533060-CHULA VISTA
Polling 1031 217 36 16.59% 108 49.77% 10 4.61% 49 22.58%
Ab"ntee 1031 98 19 19.39% 45 45.92% 3 3.06% 22 22.45%
Total 1031 315 55 17.46% 153 48.57% 13 4.13% 71 22.54%
533080-CHULA VISTA
Polling 1199 213 44 20.66% 92 43.19% 9 4.23% 48 22.54%
Ab"ntee 1199 82 7 8.54% 55 67.07% 4 4.88% 6 7.32%
Total 1199 295 51 17.29% 147 49.83% 13 4.41% 54 18.31%
537700-CHULA VISTA
Polling 1218 255 67 26.27% 69 27.06% 6 2.35% 77 30.20%
Absentee 1218 106 25 23.58% 51 48.11% I 0.94% 17 16.04%
Total 1218 361 92 25.48% 120 33.24% 7 1.94% 94 26.04%
538300-CHULA VISTA
Polling 995 182 62 34.07% 53 29.12% 5 2.75% 52 28.57%
Absentee 995 99 34 34.34% 39 39.39% 2 2.02% 13 13.13%
Total 995 281 96 34.16% 92 32.74% 7 2.49% 65 23.13%
53841O-CHlJLA VISTA
Polling 733 134 32 23.88% 34 25.37% 5 3.73% 55 41.04%
Absentee 733 62 14 22.58% 29 46.77% 0 0.00% 13 20.97%
Total 733 196 46 23.47% 63 32.14% 5 2.55% 68 34.69%
538600-CHlJLA VISTA
Polling 1015 194 51 26.29% 47 24.23% 3 1.55% 71 36.60%
Ab"ntee 1015 147 39 26.53% 50 34.01% 2 1.36% 35 23.81%
Total 1015 341 90 26.39% 97 28.45% 5 1.47% 106 31.09%
538810-CHlJLA VISTA
Polling 668 152 47 30.92% 41 26.97% 7 4.61% 41 26.97%
Ab"ntee 668 116 30 25.86% 53 45.69% 2 1.72% 15 12.93%
Tntal 668 268 77 28.73% 94 35.07% 9 3.36% 56 20.90%
539000-CHlJLA VISTA
Polling 1028 209 73 34.93% 25 11.96% 5 2.39% 88 42.11%
Absentee 1028 104 22 21.15% 16 15.38% 0 0.00% 57 54.81%
Total 1028 313 95 30.35% 41 13.10% 5 1.60% 145 46.33%
53931O-CHlJLA VISTA
Polling 683 126 43 34.13% 31 24.60% I 0.79% 37 29.37%
Absentee 683 54 15 27.78% 14 25.93% 2 3.70% 16 29.63%
Total 683 180 58 32.22% 45 25.00% 3 1.67% 53 29.44%
999237-CHlJLA VISTA-ABSENTEE
~._-~-- --.------.-----.---..----.--
COUNTY OF SAN DIEGO Date:04/0 1/04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: 1 1:24:58
CITY OF CHULA VISTA Page:I5 of 24
CHULA VISTA -COUNCIL SEAT 4
Reg. I ;°0.1 I ~TEVEN IDAN HOM :OHNL I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
Polling 287 0 0 0 0 0
Absentee 287 100 30 30.00% 42 42.00% 2 2.00% 15 15.00%
Total 287 100 30 30.00% 42 42.00% 2 2.00% 15 15.00%
99924O-CHULA VISTA-ABSENTEE
Polling 54 0 0 0 0 0
Absentee 54 14 2 14.29% 6 42.86% I 7.14% 3 21.43%
Too.1 54 14 2 14.29% 6 42.86% I 7.14% 3 21.43%
999250-CHULA VISTA-ABSENTEE
Polling 0 0 0 0 0 0
Absentee 0 0 0 0 0 0
Total 0 0 0 0 0 0
999275-CHULA VISTA-ABSENTEE
Polling 51 0 0 0 0 0
Absentee 51 18 5 27.78% 9 50.00% I 556% 3 16.67%
Too.1 51 18 5 27.78% 9 50.00% I 556% 3 16.67%
Total
Polhng 80519 19416 4745 24.44% 7476 3850% 465 239% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 1652%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 22.51%
CONGRESSIONAL DISTS 2001
51ST CONGRESSIONAL DIST
Polling 80519 19416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 16.52%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 2251%
Total
Polling 80519 19416 4745 24.44% 7476 38.50% 465 239% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 1652%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 2251%
STATE BOARD OF EQUALIZATION
3RD BD OF EQUAL DlST
Polling 80519 19416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 16.52%
Too.1 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 2251%
Totat
Polling 805t9 19416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 1652%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 22.51%
STATE SENATORIAL DlST'S 200t
36TH SENATORIAL DlST
Polling 287 0 0 0 0 0
Absentee 287 100 30 30.00% 42 42.00% 2 200% 15 15.00%
Total 287 100 30 30.00% 42 42.00% 2 2.00% 15 15.00%
40TH SENATORIAL DIST
Polling 80232 t9416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80232 9368 2052 21.90% 4496 47.99% 229 2.44% 1549 1654%
Total 80232 28784 6797 23.61% It972 41.59% 694 2.41% 6488 2254%
Total
Polling 80519 19416 4745 24.44% 7476 3850% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 1652%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 22.51%
STATE ASSEMBLY DIST'S 2001
78TH ASSEMBLY DIST
Polling 38797 9645 2t90 22.71% 4249 44.05% 253 2.62% 2074 21.50%
Absentee 38797 4451 934 20.98% 2259 50.75% 125 2.81% 657 14.76%
Total 38797 14096 3124 22.16% 6508 46.17% 378 2.68% 2731 19.37%
79TH ASSEMBLY DIST
Polhng 41722 9771 2555 26.15% 3227 33.03% 212 2.t7% 2865 29.32%
COUNTY OF SAN DIEGO Dale:O4/01/04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: I 1:24:58
Page:16 of24
CITY OF CHULA VISTA
CHULA VISTA ~ COUNCIL SEAT 4
Reg. I ;otal ¡STEVEN DANHOM I ~OHN L I RUDY RAMIREZ
Voters Votes CASTANEDA NEZOZZI
Absentee 41722 5017 1148 22.88% 2279 45.43% 106 2.11% 907 18.08%
Total 41722 14788 3703 25.04% 5506 37.23% 318 2.15% 3772 25.51%
Total
Potting 80519 19416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.91% 231 2.44% 1564 16.52%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 22.51%
SUPERVISORIAL DISTRICTS 2001
1ST SUPERVISORIAL DlST
Polling 80519 19416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 16.52%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 22.51%
Total
Polling 80519 19416 4745 24.44% 7476 38.50% 465 2.39% 4939 25.44%
Absentee 80519 9468 2082 21.99% 4538 47.93% 231 2.44% 1564 16.52%
Total 80519 28884 6827 23.64% 12014 41.59% 696 2.41% 6503 22.51%
----~--_..__..__.---
COUNTY OF SAN DIEGO Oa1e:04/01lO4
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:58
Page:!? of 24
CITY OF CHULA VISTA
CHULA VISTA -
COUNCIL SEAT 4
ROBERT A.
SOLOMON
Jurisdictioo Wide
525100-CHULA VISTA
PoIling 23 9.62%
Absentee 14 19.18%
Tola! 37 11.86%
525200-CHULA VISTA
Polling 25 9.16%
Absentee 9 8.91%
Tolal 34 9.09%
525500-CHULA VISTA
PoIling 21 9.68%
Absentee 15 11.45%
Tolal 36 10.34%
525600-CHULA VISTA
Poiliog 28 7.87%
Absentee 25 16.78%
Tola! 53 10.50%
525700-CHULA VISTA
Polliog 13 12.50%
Absentee 10 12.35%
Tolal 23 12.43%
52581O-CHULA VISTA
Polling 24 10.71%
Absentee 10 7.63%
Tola! 34 9.58%
5261O0-CHULA VISTA
Poiling 16 7.51%
Absentee II 6.25%
Tola! 27 6.94%
526400-CHULA VISTA
Poiling 12 7.74%
Absentee 13 12.87%
Tolal 25 9.77%
5264IO-CHULA VISTA
Poiling 6 6.32%
Absentee I 3.85%
Tntal 7 5.79%
526500-CHULA VISTA
Poiling 26 9.39%
Absentee 16 13.33%
Tola! 42 10.58%
526700-CHULA VISTA
PoIling 19 7.36%
Absentee 17 13.60%
Tolal 36 9.40%
526900-CHULA VISTA
PoIling 25 13.16%
Absentee 24 19.05%
Tolal 49 15.51%
527200-CHULA VISTA
Polling 10 935%
Absentee 8 25.81%
Tola! 18 13.04%
527700-CHULA VISTA
Polling 31 9.39%
Absentee 19 9.00%
Tolal 50 9.24%
527800-CHULA VISTA
Poiling 15 6.70%
Absentee 10 9.80%
Tolal 25 7.67%
-...-.-......--.--
COUNTY OF SAN DIEGO Date:O4/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: 11:24:58
Page:18 of24
CITY OF CHULA VISTA
CHULA VISTA -
COUNCIL SEAT 4
ROBERT A.
SOLOMON
528000-CHULA VISTA
Polliog 20 7.09%
Ab'entee 10 7.25%
Total 30 714%
528IOO-CHULA VISTA
Polling 16 13.68%
Ab"ntee 14 24.14%
Total 30 17.14%
528200-CHULA VISTA
PoUing II 10.89%
Ab"ntee 6 12.50%
Total 17 11.41%
5285OO-CHULA VISTA
Polling 29 10.00%
Absentee 8 6.40%
Total 37 8.92%
528820-CHULA VISTA
Polling 22 10.53%
Ab"ntee 6 8.96%
Total 28 10.14%
5289OO-CHULA VISTA
Polling 13 5.49%
Abseotee 22 11.89%
Total 35 8.29%
52891O-CHULA VISTA
Polling 19 6.13%
Ab"ntee 20 13.25%
Total 39 8.46%
528920-CHULA VISTA
Polling 18 786%
Absentee 8 8.42%
Total 26 8.02%
528940-CHULA VISTA
PoUiog 37 9.39%
Ab"ntee 18 12.77%
Total 55 10.28%
528970-CHULA VISTA
Polliog 22 9.78%
Ab"ntee 18 16.67%
Total 40 12.01%
5291oo-CHULA VISTA
Polling 16 4.73%
Ab,entee 12 5.80%
Total 28 5.14%
529300-CHULA VISTA
Polling 26 8.44%
Ab"ntee IS 10.D7%
Total 41 8.97%
529500-CHULA VISTA
Polling 17 16.04%
Ab"ntee 7 16.67%
Total 24 16.22%
52951O-CHULA VISTA
Polling 14 8.05%
Ab"ntee 9 12.16%
Total 23 9.27%
529520-CHULA VISTA
Pol¡;ng 24 13.48%
Ab"ntee 7 8.75%
Total 31 12.()2%
529600.CHULA VISTA
-----..-----... ---.--.--------
COUNTY OF SAN DIEGO Dale:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: 11 :24:58
Page:19 of24
CITY OF CHULA VISTA
CHULA VISTA ~
COUNCIL SEAT 4
ROBERT A.
SOWMON
PoJling 17 12.06%
Ab,entee 10 9.43%
Total 27 10.93%
529700-CHULA VISTA
Polling 12 B.B9%
Ab,entee B 10.26%
Total 20 939%
529900~CHULA VISTA
PoJling 17 11.97%
Ab"ntee 10 13.B9%
Total 27 12.62%
530IlO~CHULA VISTA
Polling 21 9.77%
Ab,entee 6 5.26%
Total 27 B.21%
530200~CHULA VISTA
Polling 24 9.27%
Ab"ntee 14 12.73%
Total 3B 1O.30~
530400~CHULA VISTA
Polling 12 4.63%
Ab,entee 9 7.69%
Total 21 5.59%
5305üO-CHULA VISTA
Polling 23 9.79%
Ab,entee II IO.4B%
Total 34 1O.00<JI
530700~CHULA VISTA
Polling 22 11.64%
Ab"ntee 6 B.70%
Total 2B IO.B5%
530710-CHULA VISTA
Polling 20 I Lli %
Ab"ntee 3 4.41%
Total 23 9.27%
531000~CHULA VISTA
PoJling 14 6.73%
Ab,entee 15 10.95%
Total 29 B.4I%
531O90~CHULA VISTA
Polling 26 9.77%
Ab,entee 13 1032%
Tntal 39 9.95%
531200~CHULA VISTA
Polling 6 5.77%
Ab,entee 9 12.B6%
Total 15 B.62%
53IJIO~CHULA VISTA
Polling II 6.29%
Ab,entee IJ 12.B7%
Total 24 B.70%
531390~CHULA VISTA
PoJling 17 B.06%
Ab,entee 2B 247B%
Total 45 13B9%
531400~CHULA VISTA
Polling 9 9JB%
Ab,entee 5 15.15%
Total 14 10.69%
53IBIO~CHULA VISTA
Polling 19 II.BB%
COUNTY OF SAN DIEGO Date:O41O1I04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: 11 :24:58
Page:20 of 24
CITY OF CHULA VISTA
CHULA VISTA -
COUNCtL SEAT 4
ROBERT A
SOLOMON
Absentee 8 12.31%
Total 27 12.00%
531820-CHULA VISTA
Polling 18 11.69%
Absentee 4 4.82')1
Total 22 9.28')1
53 I 840-CHULA VISTA
Polling 33 10.09%
Absentee 26 17.81%
Total 59 12.47%
531850-CHULA VISTA
Polliog 11 6.96%
Absentee 10 14.71%
Total 21 9.29%
531870-CHULA VISTA
Polting 21 6.95%
Abseotee 6 6.19%
Total 27 6.77%
531880-CHULA VISTA
Polling 21 8.79%
Absentee 7 5.47%
Total 28 7.63%
531890-CHULA VISTA
Polling 15 7.73%
Absentee 3 3.41%
Total 18 638%
5319OO-CHULA VISTA
Polliog 37 13.07%
Abseotee 19 13.10%
Total 56 13.08%
531930-CHULA VISTA
Polting 14 7.61%
Absentee 12 10.71%
Total 26 8.78%
5321O0-CHULA VISTA 7.21%
Polling 15
Absentee 12 8.96%
Total 27 7.89%
5321 IO-CHULA VISTA
Pnlling 19 9.90%
Absentee 12 10.91%
Total 31 10.26%
532140-CHULA VISTA
Polling 26 11.66%
Absentee 12 13.04%
Total 38 12.06%
532190-CHULA VISTA
Polling 11 12.36%
Absentee 2 6.45%
Total 13 10.83%
5322oo-CHULA VISTA
Polling 23 13.14%
Absentee 7 13.73%
Total 30 13.27%
53221O-CHULA VISTA
Polling 10 8.55%
Absentee 16 24.24%
Tntal 26 14.21 %
532290-CHULA VISTA
Pnlling 22 8.56%
Absentee 5 7.35%
-..--...--. -. _._-~ ---
COUNTY OF SAN DIEGO Date:O4/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:S8
Page:21 of24
CITY OF CHULA VISTA
CHULA VISTA -
COUNCIL SEAT 4
ROBERT A.
SOWMON
Total 27 8.31%
532320-CHULA VISTA
Polling 14 9.46%
Absentee 0 0.00%
Total 14 8.24%
532430-CHULA VISTA
Polliog 36 10.26%
Absentee 15 11.54%
Total 51 10.60%
532500-CHULA VISTA
Polling 15 8.06%
Absentee 11 9.57%
Total 26 8.64%
532530~HULA VISTA
PoUing 24 11.16%
Absentee 15 10.87%
Total 39 11.05%
532580-CHULA VISTA
Polling 21 11.29%
Absentee 2 2.60%
Total 23 8.75%
5326oo-CHULA VISTA
Polling 37 12.67%
Absentee 18 13.33%
Total 55 12.88%
53261O-CHULA VISTA
Polling 14 14.43%
Absentee 3 6.00%
Total 17 11.56%
532630-CHULA VISTA
Polling 23 10.85%
Absentee 18 21.95%
Tntal 41 13.95%
532640-CHULA VISTA
Polling 21 10.29%
Absentee IS 11.28%
Total 36 10.68%
532650-CHULA VISTA
Polling 12 6.74%
Absentee 4 5.13%
Total 16 6.25%
532660-CHULA VISTA
Polling 24 9.92%
Abseotee 12 14.81%
Total 36 11.15%
532670-CHULA VISTA
PoUing 22 8.76%
Absentee 13 11.11%
Total 35 9.51%
532700-CHULA VISTA
Polling 21 7.02%
Absentee 11 6.25%
Total 32 6.74%
53271O-CHULA VISTA
Polling 19 5.97%
Absentee 20 9.95%
Total 39 7.51%
532760-CHULA VISTA
Polling 6 3.87%
Absentee 3 3.13%
Total 9 3.59%
------. -------------
COUNTY OF SAN DIEGO Date:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: I 1:24:58
Page:22 of24
CITY OF CHULA VISTA
CHULA VISTA -
COUNCIL SEAT 4
ROBERT A.
SOLOMON
532770-CHULA VISTA
Polling 25 7.42%
Absentee 9 10.23%
Total 34 8.00%
532780-CHULA VISTA
Polling 24 11.01%
Absentee 9 9.57%
Total 33 10.58%
532790-CHULA VISTA
Polbng 24 7.69%
Absentee 15 11.11%
Total 39 8.72%
532800-CHULA VISTA
Polling 20 7.63%
Absentee 4 4.08%
Total 24 6.67%
532870-CHULA VISTA
Polling 18 8.74%
Absentee 5 9.80%
Total 23 8.95%
532900-CHULA VISTA
Polling 21 9.29%
Absentee 19 16.38%
Total 40 11.70%
533060-CHULA VISTA
Polling 14 6.45%
Absentee 9 9.18%
Total 23 7.30%
533080-CHULA VISTA
Polling 19 8.92%
Absentee 10 12.20%
Total 29 9.83%
537700-CHULA VISTA
Polling 35 13.73%
Absentee 12 11.32%
Total 47 13.02%
538300-CHULA VISTA
Polling 10 5.49%
Absentee II ILlI%
Total 21 7.47%
53841O-CHULA VISTA
Polling 8 5.97%
Absentee 6 9.68%
Total 14 7.14%
538600-CHULA VISTA
Polling 22 11.34%
Absentee 21 14.29%
Total 43 12.61%
538810-CHULA VISTA
Polling 16 10.53%
Absentee 16 13.79%
Total 32 11.94%
539000-CHULA VISTA
Polling 18 8.61%
Absentee 9 8.65%
Total 27 8.63%
53931O-CHULA VISTA
Polling 14 ILlI%
Absentee 7 12.96%
Total 21 11.67%
999237-CHULA VISTA-ABSENTEE
-----.---
COUNTY OF SAN DIEGO Date:O4/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time: I 1:24:58
Page:23 of24
CITY OF CHULA VISTA
CHULA VISTA -
COUNCIL SEAT 4
ROBERT A.
SOLOMON
Polling 0
Absentee II 11.00%
Total II 11.00%
99924O-CHULA VISTA-ABSENTEE
Polling 0
Absentee 2 14.29%
Total 2 14.29%
999250-CHULA VISTA-ABSENTEE
Polling 0
Absentee 0
Total 0
999275-CHULA VISTA-ABSENTEE
Polling 0
Absentee 0 0.00%
Total 0 0.00%
Total
Polling 1761 9.07%
Absentee 1038 10.96%
Total 2799 9.69%
CONGRESSIONAL DIST'S 2001
51ST CONGRESSIONAL DIST
Polling 1761 9.07%
Absentee 1038 10.96%
Total 2799 9.69%
Total
Polling 1761 9.07%
Absentee 1038 10.96%
Total 2799 9.69%
STATE BOARD OF EQUALIZATION
3RD BD OF EQUAL DIST
Polling 1761 9.07%
Absentee 1038 10.96%
Total 2799 9.69%
Total
Polling 1761 907%
Absentee 1038 10.96%
Total 2799 9.69%
STATE SENATORIAL DIST'S 2001
36TH SENATORIAL DIST
Polling 0
Absentee II 11.00%
Total II 1100%
40TH SENATORIAL DIST
Polling 1761 9.07%
Absentee 1027 1096%
Total 2788 9.69%
Total
Polling 1761 9.07%
Absentee 1038 10.96%
Total 2799 9.69%
STATE ASSEMBLY DIST'S 2001
78TH ASSEMBLY DIST
Polling 865 8.97%
Absentee 468 10.51%
Total 1333 946%
79TH ASSEMBLY DIST
Polling 896 9.17%
- ----- --- ------
COUNTY OF SAN DIEGO Oale:04/01l04
OFFICIAL CANVASS (FOR SAN DIEGO COUNTY ONLY) Time:ll:24:58
Page:24 of24
CITY OF CHULA VISTA
CHULA VISTA ~
COUNCIL SEAT 4
ROBERT A
SOLOMON
Absentee 570 11.36%
Total 1466 9.91%
Total
Polling 1761 9.07%
Absentee 1038 10.96%
Total 2799 9.69%
SUPERVISORIAL DISTRICTS 2001
1ST SUPERVISORIAL DtST
Polling 1761 9.07%
Abseotee 1038 10.96%
Total 2799 9.69%
Total
Polling 1761 9.07%
Absentee 1038 10.%%
Total 2799 9.69%
_._------~.~.~-_...-._. .-.-...----
COUNTY OF SAN DIEGO Date:03/30/04
PRIMARY ELECTION - MARCH 2, 2004 Time: 13:49:34
Page: 1 of9
Official Results for San Diego County Only
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
PRESIDENT - DEMOCRATIC OEM PRESIDENT - PEACEIFREEDOM PE
Total Total
Number of Precincts 1864 Number of Precincts 1864
Precincts Reporting 1864 100.0 % Precincts Reporting 1864 100.0 %
Total Votes 244493 Total Votes 402
JOHN KERRY DEM 154552 63.21% LEONARD PELTIER PF 163 40.55%
JOHN EDWARDS DEM 50665 20.72% WALTERF. BROWN PE 130 32.34%
HOWARD DEAN OEM 10764 4.40%
DENNIS J. KUCINICH OEM 6837 2.80% US SENATOR - DEMOCRATIC DEM
JOE LIEBERMAN DEM 4317 1.77% Total
DICK GEPHARDT OEM 4091 1.67% Number of Precincts 1859
WESLEY CLARK OEM 3940 1.61% Precincts Reporting 1859 100.0 %
AL SHARPTON DEM 3751 1.53% Tota] Votes 221018
CAROL M. BRAUN DEM 1848 0.76% BARBARA BOXER DEM 217776 98.53%
LYNDON LAROUCHE DEM 428 0.18%
US SENATOR - REPUBLICAN REP
PRESIDENT - REPUBLICAN REP Tota]
Total Number of Precincts 1859
Number of Precincts 1864 Precincts Reporting 1859 100.0 %
Precincts Reporting 1864 100.0 % Total Votes 251922
Total Votes 262045 BILL JONES REP 82612 32.79%
GEORGE W. BUSH REP 253369 96.69% HOWARD KALOOGIAN REP 59757 23.72%
ROSARIO MARIN REP 49926 19.82%
PRESIDENT - AM. IND. AlP TONI CASEY REP ]6826 6.68%
Total TIM STOEN REP 12690 5.04%
Number of Precincts 1864 BARRY L. HATCH REP 7846 3.11%
Precincts Reporting 1864 100.0 % JAMES STEWART REP 6751 2.68%
Total Votes 5125 JOHN M. V AN ZANDT REP 6473 2.57%
MICHAEL A. PEROUTKA AlP 2423 47.28% DANNEY BALL REP 4268 1.69%
BILL QURAlSHI REP 2776 1.10%
PRESIDENT - GREEN GRN
Total US SENATOR - AM. IND. AlP
Number of Precincts 1864 Total
Precincts Reporting 1864 100.0 % Number of Precincts 1859
Total Votes 3096 Precincts Reporting 1859 100.0 %
PETER MIGUEL CAMEJO GRN 1833 59.21% Tota] Votes 4496
LORNA SALZMAN GRN 334 10.79% DON J. GRUNDMANN AlP 3265 72.62%
DAVID COBB GRN 251 8.11%
KENT MESPLAY GRN 97 3.13% US SENATOR - LIBERTARIAN LIB
Total
PRESIDENT - LIBERT ARIAN LIB Number of Precincts 1859
Total Precincts Reporting 1859 100.0 %
Number of Precincts 1864 Tota] Votes 3002
Precincts Reporting 1864 100.0 % JAMES P. "JIM" GRAY LIB 1702 56.70%
Total Votes 2751 GAIL K. LIGHTFOOT LIB 1]96 39.84%
GARY NOLAN LIB ]406 51.1]%
AARON RUSSO LIB 556 20.2]% US SENATOR - PEACEIFREEDOM PF
MICHAEL LIB 444 ]6.]4% Total
Number of Precincts ]859
Precincts Reporting 1859 100.0 %
Total Votes 382
MARSHA FEINLAND PF 340 89.01%
---_.__..._.-_._-_._----------~-
COUNTY OF SAN DIEGO Date:03130/04
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:35
Page:2 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
US REP 49TH - DEMOCRATIC DEM US REP 50TH - LIBERTARIAN LIB
Total Total
Number of Precincts 231 Number of Precincts 487
Precincts Reporting 231 100.0 % Precincts Reporting 487 100.0 %
Total Votes 20886 Total Votes 804
MIKE BYRON DEM 20605 98.65% BRANDON C. OSBORNE LIB 770 95.77%
US REP 49TH - REPUBLICAN REP US REP 51ST - DEMOCRATIC DEM
Total Total
Number of Precincts 231 Number of Precincts 266
Precincts Reporting 231 100.0 % Precincts Reporting 266 100.0 %
Total Votes 43883 Total Votes 34603
DARRELL E. ISSA REP 43481 99.08% BOB FlLNER DEM 27498 79.47%
DANIEL C. RAMIREZ DEM 6951 20.09%
US REP 49TH - LIBERTARIAN LIB
Total US REP 51 ST - REPUBLICAN REP
Number of Precincts 231 Total
Precincts Reporting 231 100.0 % Number of Precincts 266
Total Votes 398 Precincts Reporting 266 100.0 %
LARS R. GROSSMITH LIB 383 96.23% Total Votes 23186
MICHAEL GlORGlNO REF 15810 68.19%
US REP 50TH - DEMOCRATIC DEM RUBEN R. GARCIA REP 7070 30.49%
Total
Number of Precincts 487 US REP 51ST - LIBERTARIAN LIB
Precincts Reporting 487 100.0 % Total
Total Votes 48206 Number of Precincts 266
FRANCINE P. BUSBY DEM 47600 98.74% Precincts Reporting 266 100.0 %
Total Votes 173
US REP 50TH - REPUBLICAN REP MICHAEL S. METTI LIB 165 95.38%
Total
Number of Precincts 487 US REP 52ND - DEMOCRATIC DEM
Precincts Reporting 487 100.0 % Total
Total Votes 82452 Number of Precincts 507
RANDY CUNNINGHAM REP 81854 99.27% Precincts Reporting 507 100.0 %
Total Votes 43599
US REP 50TH - AM. IND. AIP BRIAN S. KELlliER DEM 42770 98.10%
Total
Number of Precincts 487 US REP 52ND - REPUBLICAN REP
Precincts Reporting 487 100.0 % Total
Total Votes 1213 Number of Precincts 507
DIANE TEMPLIN AIP 1037 85.49% Precincts Reporting 507 100.0 %
Total Votes 83978
US REP 50TH - GREEN GRN DUNCAN HUNTER REP 83638 99.60%
Total
Number of Precincts 487 US REP 52ND - LIBERTARIAN LIB
Precincts Reporting 487 100.0 % Total
Total Votes 720 Number of Precincts 507
GARY M. W AA YERS GRN 700 97.22% Precincts Reporting 507 100.0 %
Total Votes 702
MICHAEL BENOIT LIB 671 95.58%
--------..---.
COUNTY OF SAN DIEGO Date:03/30104
PRIMARY ELECTION - MARCH 2, 2004 Time: 13:49:35
Page:3 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
US REP 53RD - DEMOCRATIC DEM 66TH STATE ASSEMBLY - DEM
Total DEMOCRATIC Total
Number of Precincts 368 Number of Precincts 65
Precincts Reporting 368 100.0 % Precincts Reporting 65 100.0 %
Total Votes 56210 Total Votes 4329
SUSAN A. DAVIS DEM 55791 99.25% LAUREL NICHOLSON DEM 4260 98.41%
US REP 53RD - REPUBLICAN REP 66TH STATE ASSEMBLY - REP
Total REPUBLICAN Total
Number of Precincts 368 Number of Precincts 65
Precincts Reporting 368 100.0 % Precincts Reporting 65 100.0 %
Total Votes 31438 Total Votes 12184
DARIN HUNZEKER REP 30925 98.37% RAY HAYNES REP 12104 99.34%
US REP 53RD - GREEN GRN 66TH STATE ASSEMBLY - LIB
Total LIBERTARIAN Total
Number of Precincts 368 Number of Precincts 65
Precincts Reporting 368 100.0 % Precincts Reporting 65 100.0 %
Total Votes 1085 Total Votes 117
LAWRENCE ROCKWOOD GRN 1000 92.17% JACK N. LEE LIB 113 96.58%
US REP 53RD - LIBERTARIAN LIB 73RD STATE ASSEMBLY - DEM
Total DEMOCRATIC Total
Number of Precincts 368 Number of Precincts 83
Precincts Reporting 368 100.0 % Precincts Reporting 83 100.0 %
Total Votes 744 Total Votes 9632
ADAM VAN SUSTEREN LIB 712 95.70% KATHLEEN CALZADA DEM 9477 98.39%
39TH STATE SENATE - DEM 73RD STATE ASSEMBLY - REP
DEMOCRATIC Total REPUBLICAN Total
Number of Precincts 574 Number of Precincts 83
Precincts Reporting 574 100.0 % Precincts Reporting 83 100.0 %
Total Votes 82919 Total Votes 16942
CHRISTINE KEHOE DEM 82055 98.96% MIMI WALTERS REP 6664 39.33%
JIM GIBSON REP 6570 38.78%
39TH STATE SENATE - REP THOMAS W. WILSON REP 3668 21.65%
REPUBLICAN Total
Number of Precincts 574 73RD STATE ASSEMBLY - LIB
Precincts Reporting 574 100.0 % LIBERTARIAN Total
Total Votes 62273 Number of Precincts 83
LARRY STIRLING REP 45536 73.12% Precincts Reporting 83 100.0 %
KEN BOURKE REP 6793 10.91% Total Votes 174
RALPH DENNEY REP 6000 9.63% ANDREW H. FAVOR LIB 167 95.98%
JIM GALLEY REP 3391 5.45%
74TH STATE ASSEMBLY - DEM
39TH STATE SENATE - LIB DEMOCRATIC Total
LIBERTARIAN Total Number of Precincts 298
Number of Precincts 574 Precincts Reporting 298 100.0 %
Precincts Reporting 574 100.0 % Total Votes 29592
Total Votes 1080 KAREN UNDERWOOD DEM 29272 98.92%
JOHN MURPHY LIB 1040 96.30%
.---.----- -.-..--...----....--..---..-
COUNTY OF SAN DIEGO Date:03/30/04
PRIMARY ELECTION - MARCH 2, 2004 Time: 13:49:35
Page:4 of 9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
74TH STATE ASSEMBLY - REP 76TH STATE ASSEMBLY - LIB
REPUBLICAN Total LIBERTARIAN Total
Number of Precincts 298 Number of Precincts 276
Precincts Reporting 298 100.0 % Precincts Reporting 276 100.0 %
Total Votes 49080 Total Votes 659
MARK WYLAND REP 48724 99.27% JENNIFER OSBORNE LIB 636 96.51%
74TH STATE ASSEMBLY - LIB 77TH STATE ASSEMBLY - DEM
LIBERTARIAN Total DEMOCRATIC Total
Number of Precincts 298 Number of Precincts 328
Precincts Reporting 298 100.0 % Precincts Reporting 328 100.0 %
Total Votes 482 Total Votes 26986
PAUL KING LIB 470 97.51% CHRIS LARKIN DEM 26511 98.24%
75TH STATE ASSEMBLY - DEM 77TH STATE ASSEMBLY - REP
DEMOCRATIC Total REPUBLICAN Total
Number of Precincts 335 Number of Precincts 328
Precincts Reporting 335 100.0 % Precincts Reporting 328 100.0 %
Total Votes 29889 Total Votes 49627
KAREN HEUMANN DEM 29655 99.22% JAY LA SUER REP 49295 99.33%
75TH STATE ASSEMBLY - REP 77TH STATE ASSEMBLY - LIB
REPUBLICAN Total LIBERTARIAN Total
Number of Precincts 335 Number of Precincts 328
Precincts Reporting 335 100.0 % Precincts Reporting 328 100.0 %
Total Votes 47286 Total Votes 466
GEORGE A PLESCIA REP 46948 99.29% VIRGIL (RANDY) HALL LIB 450 96.57%
75TH STATE ASSEMBLY - LIB 78TH STATE ASSEMBLY - DEM
LIBERTARIAN Total DEMOCRATIC Total
Number of Precincts 335 Number of Precincts 289
Precincts Reporting 335 100.0 % Precincts Reporting 289 100.0 %
Total Votes 514 Total Votes 36519
RICHARD J. SENECAL LIB 501 97.47% PATTY DAVIS DEM 14873 40.73%
ARLIE RICASA DEM 10756 29.45%
76TH STATE ASSEMBLY - DEM MAXINE SHERARD DEM 10608 29.05%
DEMOCRATIC Total
Number of Precincts 276 78TH STATE ASSEMBLY - REP
Precincts Reporting 276 100.0 % REPUBLICAN Total
Total Votes 45215 Number of Precincts 289
LORI SALDANA DEM 18350 40.58% Precincts Reporting 289 100.0 %
VINCE HALL DEM 14031 31.03% Total Votes 29948
HEIDI VON SZELISKI DEM 12589 27.84% SHIRLEY HORTON REP 29554 98.68%
76TH STATE ASSEMBLY - REP 78TH STATE ASSEMBLY - LIB
REPUBLICAN Total LIBERTARIAN Total
Number of Precincts 276 Number of Precincts 289
Precmcts Reporting 276 100.0 % Precincts Reporting 289 100.0 %
Total Votes 30731 Total Votes 290
TRICIA HUNTER REP 21622 70.36% JOSH HALE LIB 283 97.59%
BILL STAMPS REP 8773 28.55%
- ........-.-.----.-- .... ..--
COUNTY OF SAN DIEGO Date:03130104
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:37
Official Results fOf San Diego County Only) Page:5 of 9
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
79TH STATE ASSEMBLY - DEM 76TH ASSEMBLY-DEMOCRATIC DEM
DEMOCRATIC Total CENTRAL COMMITTEE Total
Number of Precincts 180 Number of Precincts 276
Precincts Reporting 180 100.0 % Precincts Reporting 276 100.0 %
Total Votes 22555 Total Votes 137757
JUAN VARGAS DEM 22322 98.97% NANCY E. MilLER DEM 17747 12.88%
GLORIA JOHNSON DEM 17530 12.73%
79TH STATE ASSEMBLY - LIB BILL IRVINE DEM 16281 11.82%
LIBERTARIAN Total JESSE DURFEE DEM 14886 10.81%
Number of Precincts 180 ROBERT D. WILBERG DEM 12799 9.29%
Precincts Reporting 180 100.0 % DAVID B. MOSS DEM 12716 9.23%
Total Votes 136 ELEANOR A MANG DEM 10933 7.94%
ELI WALLACE CONROE LIB 126 92.65% BRIAN POLEJES DEM 10776 7.82%
LINDA A READ DEM 9971 7.24%
73RD ASSEMBLY-DEMOCRATIC DEM JANET MEREDITH DEM 9190 6.67%
CENTRAL COMMITTEE Total DANIEL SMIECHOWSKI DEM 4463 3.24%
Number of Precincts 83
Precincts Reporting 83 100.0 % 78TH ASSEMBLY-DEMOCRATIC DEM
Total Votes 34890 CENTRAL COMMITTEE Total
JENNIFERL. CRUSE DEM 5286 15.15% Number of Precincts 289
RAMONA BYRON DEM 4863 13.94% Precincts Reporting 289 100.0 %
C. C. SANDERS DEM 4645 13.31% Total Votes 107836
NANCY C. CHADWICK DEM 4627 13.26% VERNA KING DEM 15345 14.23%
WILLIE LITTLE DEM 4534 13.00% YVETTE P.-MOORE DEM 14686 13.62%
GWEN SANDERS DEM 4014 11.50% EDWARD G. LEHMAN DEM 12985 12.04%
LAWSON CHADWICK DEM 3915 11.22% DOUGLAS N. CASE DEM 12817 11.89%
BRIAN C. BOYLE DEM 2908 8.33% J. ERIC HEREFORD DEM 11175 10.36%
BONNY LUNDBERG DEM 11058 10.25%
75TH ASSEMBLY-REPUBLICAN REP KEVIN E. DAVIS DEM 10781 10.00%
CENTRAL COMMITTEE Total JERI DILNO DEM 10448 9.69%
Number of Precincts 335 JAMES N. PARKER DEM 7896 7.32%
Precincts Reporting 335 100.0 %
Total Votes 181469 78TH ASSEMBLY-REPUBLICAN REP
JOAN GARDNER REP 29598 16.31% CENTRAL COMMITTEE Total
FRANK KACER REP 28770 15.85% Number of Precincts 289
MERRILEE A BOYACK REP 28661 15.79% Precincts Reporting 289 100.0 %
BRANDON M. WATERS REP 28070 15.47% Total Votes 101388
CORINNE FLEMING REP 25731 14.18% MICHAEL MCSWEENEY REP 13075 12.90%
DARLENE HANSEN REP 22656 12.48% G. MICHAEL GERMAN REP 12391 12.22%
RAOill. L. CONTRERAS REP 17480 9.63% AUTUMN FRANK REP 12305 12.14%
MATTHEW J. ADAMS REP 11587 11.43%
MICHELE M NASH HOFF REP 11341 11.19%
GARY CASS REP 9232 9.11%
JOSHUA CASS REP 9175 9.05%
MARK S. RAWLINS REP 8998 8.87%
KEN DAVIES REP 7109 7.01%
DENIS C. GRASSKA REP 5611 5.53%
COUNTY OF SAN DIEGO Date:03/30!O4
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:39
Page:6 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
SUPERIOR COURT- OFFICE 5 DIST. B - SAN DIEGO
Total COMMUNITY COLLEGE DIST. Total
Number of Precincts 1854 Number of Precincts 149
Precincts Reporting 1854 100.0 % Precincts Reporting 149 100.0 %
Total Votes 464360 Total Votes 31677
KEVIN A. ENRIGHT 330948 71.27% WILLIAM H. SCHWANDT 21265 67.13%
JAMES I. MC MILLAN 132482 28.53% JOHN CUBELLO 10365 32.72%
SUPERIOR COURT- OFFICE 8 DIST. D - SAN DIEGO
Total COMMUNITY COLLEGE DIST. Total
Number of Precincts 1854 Number of Precincts 117
Precincts Reporting 1854 100.0 % Precincts Reporting 117 100.0 %
Total Votes 458609 Total Votes 24603
ROBERT C. COATES 317816 69.30% MARTY BLOCK 12105 49.20%
ROBERT T. PLUMB 139940 30.51% KATE KELLY 8781 35.69%
JUANDE R. BLEVINS 3626 14.74%
SUPERIOR COURT- OFFICE 24
Total DIST. A - SAN DIEGO UNIFIED
Number of Precincts 1854 Total
Precincts Reporting 1854 100.0 % Number of Precincts 136
Total Votes 463561 Precincts Reporting 136 100.0 %
JOSEPH P. BRANNIGAN 167915 36.22% Total Votes 34563
DAVE HENDREN 104611 22.57% MITZ S. LEE 20149 58.30%
LISA M. LAQUA 101407 21.88% MIYO ELLEN REFF 14338 41.48%
DANIELJ. SULLIVAN 70041 15.11%
EDWARD J. PECKHAM 18978 4.09% DIST. D - SAN DIEGO UNIFIED
Total
1ST DIST. - COUNTYBD OF ED Number of Precincts 86
Total Precincts Reporting 86 100.0 %
Number of Precincts 390 Total Votes 20663
Precincts Reporting 390 100.0 % LUIS ACLE 9661 46.76%
Total Votes 104829 BENJAMIN HUESO 9352 45.26%
JOHN WITT 75993 72.49%
BRIAN OLSON 28506 27.19% DIST. E - SAN DIEGO UNIFIED
Total
2ND DIST. - COUNTY BD OF ED Number of Precincts 93
Total Precincts Reporting 93 100.0 %
Number of Precincts 280 Total Votes 18454
Precincts Reporting 280 100.0 % SHARON W.-PAYNE 8133 44.07%
Total Votes 57435 SHELIA JACKSON 6671 36.15%
NICK AGUILAR 56905 99.08% MSHINDA NYOFU 3592 19.46%
4THDIST. - COUNTY BD OF ED DIST. 1 - BD OF SUPERVISORS
Total Total
Number of Precincts 394 Number of Precincts 288
Precincts Reporting 394 100.0 % Precincts Reporting 288 100.0 %
Total Votes 92703 Total Votes 73950
BOB WATKINS 92174 99.43% GREG COX 60721 82.11%
PETRA E. BARAJAS 13076 17.68%
COUNTY OF SAN DIEGO Date:03/30/O4
PRIMARY ELECTION - MARCH 2, 2004 Time: 13:49:39
Page:7 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
DIST. 2 - BD OF SUPERVISORS SAN DIEGO - COUNCIL DIST. 1
Total Total
Number of Precincts 424 Number of Precincts 134
Precincts Reporting 424 100.0 % Precincts Reporting 134 100.0 %
Total Votes 116058 Total Votes 41260
DIANNE JACOB 114688 98.82% SCOTT PETERS 19983 48.43%
PHIL THALHEJMER 12816 31.06%
DIST. 3 - BD OF SUPERVISORS KATHRYN BURTON 8433 20.44%
Total
Number of Precincts 435 SAN DIEGO - COUNCIL DIST. 3
Precincts Reporting 435 100.0 % Total
Total Votes 109996 Number of Precincts 79
PAM SLATER 109295 99.36% Precincts Reporting 79 100.0 %
Total Votes 26954
CHULA VISTA - COUNCIL SEAT 3 TONI ATKINS 16273 60.37%
Total JOHN HARTLEY 8746 32.45%
Number of Precincts 95 GONZALO GARCIA 1898 7.04%
Precincts Reporting 95 100.0 %
Total Votes 25468 SAN DIEGO - COUNCIL DIST. 5
JERRY R. RINDONE 25184 98.88% Total
Number of Precincts 130
CHULA VISTA - COUNCIL SEAT 4 Precincts Reporting 130 100.0 %
Total Total Votes 33207
Number of Precincts 95 BRIAN MAIENSCHEIN 33024 99.45%
Precincts Reporting 95 100.0 %
Total Votes 28884 SAN DIEGO - COUNCIL DIST. 7
DAN HOM 12014 41.59% Total
STEVEN CASTANEDA 6827 23.64% Number of Precincts 118
RUDY RAMIREZ 6503 22.51% Precincts Reporting 118 100.0 %
ROBERT A. SOLOMON 2799 9.69% Total Votes 30689
JOHN L. NEZOZZI 696 2.41% JIM MADAFFER 20977 68.35%
IRENE S.-RODRIGUEZ 9659 31.47%
SAN DIEGO - MAYOR
Total PROP 55 - STATE
Number of Precincts 812 PUBLIC ED BOND ACT OF 2004 Total
Precincts Reporting 812 100.0 % Number of Precincts 1854
Total Votes 248686 Precincts Reporting 1854 100.0 %
DICK MURPHY 100086 40.25% Total Votes 597199
RON ROBERTS 73223 29.44% NO 313103 52.43%
PETER Q DAVIS 56037 22.53% YES 284096 47.57%
JIM BELL 18933 7.61%
PROP 56 - STATE - BUDGET,
SAN DIEGO - CITY ATTORNEY VOTING REQUIREMENTS Total
Total Number of Precincts 1854
Number of Precincts 812 Precincts Reporting 1854 100.0 %
Precincts Reporting 812 100.0 % Total Votes 595271
Total Votes 227782 NO 434399 72.97%
MICHAEL 1. AGUIRRE 104610 45.93% YES 160872 27.03%
LESLIE DEVANEY 63664 27.95%
DEBORAH L. BERGER 59335 26.05%
,-
COUNTY OF SAN DIEGO Date:03130/O4
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:40
Page:8 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
PROP 57 - STATE PROP E - CITY OF POW A Y
ECON. RECOVERY BOND ACT Total AMEND GENERAL PLAN Total
Number of Precincts 1854 Number of Precincts 34
Precincts Reporting 1854 100.0 % Precincts Reporting 34 100.0 %
Total Votes 599257 Total Votes 14812
YES 427557 71.35% NO 12211 82.44%
NO 171700 28.65% YES 2601 17.56%
PROP 58 - STATE PROP F - CITY OF SAN MARCOS
CALIF. BALANCED BUDGET ACT Total AMEND GEN PLAN-RESIDENT Total
Number of Precincts 1854 Number of Precincts 34
Precincts Reporting 1854 100.0 % Precincts Reporting 34 100.0 %
Total Votes 598211 Total Votes 13401
YES 466842 78.04% YES 8026 59.89%
NO 131369 21.96% NO 5375 40.11%
PROP A. CO OF SAN DIEGO PROP G - CITY OF SAN MARCOS
RURAL LANDS INITIATIVE Total AMEND GEN PLAN-RETAIL Total
Number of Precincts 1854 Number of Precincts 34
Precincts Reporting 1854 100.0 % Precincts Reporting 34 100.0 %
Total Votes 589863 Total Votes 14285
NO 379460 64.33% NO 8705 60.94%
YES 210403 35.67% YES 5580 39.06%
PROP B - CITY OF SAN DIEGO PROP H - GROSSMONT HIGH
PUBLIC WORKS CONTRACTS Total (REQ 55%) $274M BOND Total
Number of Precincts 812 Number of Precincts 312
Precincts Reporting 812 100.0 % Precincts Reporting 312 100.0 %
Total Votes 221482 Total Votes 99029
YES 111008 50.12% YES 61406 62.01%
NO 110474 49.88% NO 37623 37.99%
PROP C - CITY OF SAN DIEGO PROPJ-SANTEESCHOOL
(REQ 2/3) INCREASE TOT Total (REQ213) PARCEL TAX Total
Number of Precincts 812 Number of Precincts 47
Precincts Reporting 812 100.0 % Precincts Reporting 47 100.0 %
Total Votes 246167 Total Votes 13804
YES 152027 61.76% YES 7568 54.82%
NO 94140 38.24% NO 6236 45.18%
PROP D - CITY OF LA MESA PROP K - RAN SANTA FE SCH
(REQ 2/3) $25M BOND Total (REQ 55%) 1 $4.8M BOND Total
Number of Precincts 41 Number of Precincts 10
Precincts Reporting 41 100.0 % Precincts Reporting 10 100.0 %
Total Votes 14757 Total Votes 2238
YES 11313 76.66% YES 1417 63.32%
NO 3444 23.34% NO 821 36.68%
----..-.---..--.-.-
COUNTY OF SAN DIEGO Date:03/30/04
PRIMARY ELECTION - MARCH 2, 2004 Time: 13:49:42
Page:9 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Num. Reporting 1864 100.00%
PROP L-CSA II O-P ALOMAR MTN
(REQ2/3) SPECIAL TAX Total
Number of Precincts 2
Precincts Reporting 2 100.0 %
Total Votes 128
YES 93 72.66%
NO 35 27.34%
PROPM - CSA Ill-BOULEVARD
(REQ 213) SPECIAL TAX Total
Number of Precincts 4
Precincts Reporting 4 100.0 %
Total Votes 398
NO 226 56.78%
YES 172 43.22%
PROP N - CSA 112-CAMPO
(REQ 213) SPECIAL TAX Total
Number of Precincts 4
Precincts Reporting 4 100.0 %
Total Votes 336
NO 208 61.90%
YES 128 38.10%
PROP 0 - RAINBOW MWD
$40.9M BOND/IMP. WTR SYS. Total
Number of Precincts 24
Precincts Reporting 24 100.0 %
Total Votes 6313
NO 4537 71.87%
YES 1776 28.13%
PROP P - S.D. RURAL FIRE
(REQ 2/3) TAX, CREATE ZONE Total
Number of Precincts 18
Precincts Reporting 18 100.0 %
Total Votes 3212
YES 2222 69.18%
NO 990 30.82%
-
SAN DIEGO COUNTY - PRIMARY ELECTION APPENDIX A
MARCH 2, 2004
Official
WRITE-IN TOTALS
PRESIDENT - DEMOCRATIC
JAMES DAVID JOHN NIGRO. FERN PENNA
ALEXANDER- KATARINA
PACE DUNMAR GIACOMUZZI JR.
0 0 0 0 0
PRESIDENT - PEACE AND FREEDOM
ISRAEL
FEUER
0
PRESIDENT - REPUBLICAN
BLAKE BRADLEY J. RICHARD P. DOC RICHARD NANCY BILL WYATT
ASHBY BARTON BOSA CASTELLANO ALLEN HOLTZ WARRICK
13 11 2 6 2 39 27
U.S. SENATE - REPUBLICAN 79TH ASSMEBL Y DISTRICT - REPUBLICAN
LOUIS E. GARRICK
LONGORIA WILHELM
10 181
SAN DIEGO UNIFIED SCHOOL DISTRICT
DISTRICT - D
PILAR A. GUADALUPE
ARBALLO CORONA
772 806
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 3/16/04
ITEM TITLE:
A)
Resolution Approving the Final Map of Chula Vista Tract
No. 01-11, OtayRanch Village 11, Neighborhoods R-20, R-21, R-22
and P-l and accepting on behalf of the City of Chula Vista the
various public easements as granted on said map; approving the
Subdivision Improvement Agreement and authorizing the Mayor to
execute said Agreement.
B) Resolution Ordering the Summary Vacation of the
Irrevocable Offer of Dedications of Fee for Lot "J" for public park
purposes and Lot "H" for open space and other public purposes per
Map No. 14559 Otay Ranch Village 11 "A" Map No.1.
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City Manage1!.~¡-, (4/5ths Vote: Yes_NoX)
Tonight Council will consider Neighborhoods R-20, R-21, R-22 and P-l a subdivision of Otay Ranch
Village 11. Neighborhoods R-20, R-21, R-22 and P-l consists of 295 dwelling units on 1
condominium lot (lot 1), 1 Home Owner's Association maintained open space lot (lot "B"), 1 C.F.D.
maintained open space lot (lot "C") and 1 lot for public park purposes (lot "A"). Minor grading
changes associated with the project and the park design necessitated changes to the corresponding
property lines so the formerly irrevocably dedicated open space lot and park site are being summarily
vacated and rededicated on this map.
RECOMMENDATION: That Council adopt the resolutions: A) Approving the Final Map and
Subdivision Improvement Agreement, and B) Ordering the Summary Vacation of Lot "J" for public
park purposes and Lot "H" for open space and other public purposes located within the limits of the
proposed public park site and adjacent slopes respectively per Map No. 14559.
BOARD/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Otay Ranch Village 11, with the marketing name of "Windingwalk" is generally located south of
Eastlake Greens (Attachment 1). The tentative map (Chula Vista Tract No. 01-11) was approved on
October 23,2001 by Resolution 2001-364.
The Final Map for Neighborhood R-20, R-21, R-22 and P-l (Attachment 2) and the associated
agreement are now before Council for consideration and approval.
The Final Map
The final map has been reviewed by the Engineering Section and Department of Planning &
Building and found to be in substantial conformance with the Tentative Map. On March 14,2003
Final Map Number 14559 was recorded in the County of San Diego. Said map fully entitled
Neighborhoods R-20, R-21, R-22 with a total of 295 dwelling units and irrevocably offered to
dedicate (P-l) the park site (Attachment 3). The developer is now proposing to re-arrange the lot
J.f .. I
Page 2, Item
Meeting Date 3/16/04
lines in order to have one large residential lot and 2 small open space lots instead of 3 small
residential lots (Attachment 2).
Table 1. Lotting Summary
Number of Number of Number of
Final Map Residential Open Space Park Site Total Lots Total
Lots Lots Lots Acreage
Otay Ranch Village 11,
Neighborhood R-20,R- 1 3 1 5 40.066 acres
21, R-22 and PI
The Homeowners' Association (HOA) will maintain the open space lot, however, the City has the
ability to accept the irrevocable offer of dedication of all open space lots per Section 7050 of the
Government Code of the State of California. The HOA will also maintain the streets and sewers
within said subdivision. One open space lot, lot "c" will be maintained by CFD 09M as it fronts
Olympic Parkway.
Approval ofthe final map constitutes acceptance of various public easements within the subdivision
including easements for the installation and maintenance perimeter walls, landscape buffer and
sidewalk.
Summary Vacation
The lot lines between the park site, the residential lot and the open space lot to the east were
modified in order to accommodate minor grading changes. There are existing irrevocable offers of
dedication (IOD's) for the park and the open space lot that the City acknowledged but did not accept
on the previous map number 14559. These Irrevocable Offers are being summarily vacated and the
reconfigured IOD's will be shown on the map under council's consideration tonight. All public
easements within the summarily vacated offers of dedication will remain in full force and effect.
Subdivision Improvement Agreement (SIA)
The SIA for the map outlines the developer's requirements to construct the internal subdivision
improvements and subdivision survey monumentation. The developer has complied with the
Municipal Code as it relates to bonding subdivision improvements and survey monumentation. The
Supplemental Subdivision Improvement Agreement, which was approved by City Council in
connection with Map 14559, is recorded against Neighborhoods R-20, R-21 and R-22 and requires
developer to comply with unfulfilled Tentative Map conditions.
Parks
No PAD fees have been collected with this Map since the developer has a PAD fee credit associated
with the design work for the Village II Community Park.
FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the developer's
deposits.
Attachments: 1. Plat for Otay Ranch Village 11,
2. Plat for Otay Ranch Village II, Neighborhood R-20, R-21, R-22 AND P-l
3. Developer's Disclosure Statement
Exhibits: Subdivision Improvement Agreement
J:\Engineer\LANDDEV\Projects\Otay Ranch Village II\r20-r22\OR620 cas3.doc 3/10120041:22:31 PM
L/'- ;r
A TT ACHMEf\IT - I
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS R-20, R-21, R-22 AND P-1
0 300 600 900
~ I I
SCALE 1"= 300 I
~ ~
~
b
~ ~
):>
'\) ~
:z.
0 I'S.1
...... t ~~
~
-I.
::¡ 1'0
{r
LOT 1 ~6';
(9
~
~
~
\:"'
I'S.1
t
~ LOT ':A"
. HUNSAKER
~ ~ ;\~,~?f~ YES
PLANNING 10179 Huennekens Street
ENGINEERING San Diego, Ca 92121
SURVEYING PH(BSB)5SB.4S00. FX(B5B)55B.1414
R:\O414\&Mop\AX R20S CITY OVERLAY.dwg[ 1275jJon-18-2004:06:47 - w.O. 553-173
AITACHMENT ¿
---
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS R-20, R-21, R-22 AND P-l
\..,/
, LOT 'A'
MAP No. 14669
"d
ä LOT 1
~
LOT .S'
MAP NO. 14669
LOT 'C.
MAP NO. 14659
~
. HUNSAKER 0 800 1600 2400 ~
~ ~~~9~~ TES ~ I I
SCALE 1" = 800 .
PLANNING 10179 Huenneken, Street
ENGINEERING San Diego, Ca 92121 Lf
SURVEYING PH(858)558.4500. FX(858)558.1414 4
R:\O414\&Map\AX R20S CITY OVERLAY (TOTAL).DWG[ 1275]Jan-18-2004:06:48 - w.O. 553-173
. .w ATTACHMENT_L
City of Chula Vista 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 Chu1a Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
ßSO ) LJ..,~
~ODI<h~ D\: Þ(1 j L.U.--
0 'tAK Nt u-[,--
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.
All"
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.
AJ//T
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.
Af)AM. Pß'.JAJE-'{ _JtlJJJ~ ~ AS~OGt,tlltS
jO\iJJ N~AJ
t.\~~f- P~\&.AJ úNJUP
5. Has any person* associated with this contract had any financial dealings with an official** ~Jhe
City ofChula Vista as it relates to this contract with the past 12 months? Yes - No
tf-5
. r,
City of Chula Vista Disclosure Statement
If yes, briefly describe the nature of the financial interest the official** may have in this contract.
JJ!A
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No ~ Yes - If yes, which Council member?
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 L
If Yes, which official * * and what was the nature of item provided?
Nlk
~
Date: 1-/ [b!óf
~.'-.
Signature of Contractor/Applicant . .~:\
--1(J A Y\ ~t\ Nt~ - &...O~-(-l'1vW \iP MiS.
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city
municipality, district, or other political subdivision, - or any other group of 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.
Jj-b
EXHIBIT
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
BROOKFIELD SHEA OTA Y, LLC, a California Limited Liability Corporation and Otay MF1
LLC (collectively referred to herein as "Subdivider", "Developer" or "Owner"), with reference to
the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a [mal subdivision map of a proposed subdivision, to be known as
OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-20, R-21, R-22 AND P-l (CVT 01-11)
pursuant to the provisions of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the
filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before [mal maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
(1".,
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the ,
23rd day of October, 2001 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer as
identified under permit number B03-3125
NOW, THEREFORE, IT IS MUTUALL Y UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
.., It is expressly understood and agreed that Subdivider will cause all necessary
.).
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
.-
-2-
4*' F
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security ftom a
sufficient surety, whose sufficiency has been approved by the City in the sum of NINE
THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($9,800.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "A" and made a
part hereof.
7. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds ftom the improvement
security.
,
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
. -
-3-
L/~1
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its -agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
sub~ivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City ofthe improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or 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, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignabili ty. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such ~ assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
. -
-4 -
4-10
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-20,R-21,
R22 AND P-1, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fITst hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
ATTEST
City Clerk
Approved as to form by
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
-5-
4-II
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-20 ,R-21
R22 AND P-1, CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
OTAYMF1, L , A DEL WARE LIMITED LIABILITY COMPANY.
uJ. - p'p. By: ¿f' k; ~fl II'/.
~
N Name: G. /)1J Ie '1 J~~ j
BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company
By: Brookfield Otay LLC,
a Delaware 'ted Liab' ity Company, Member
v,PJ3y: If
N
By: Shea Otay Village 11, a California Limited Liability Company, Member
By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member
By: J.F-;¡;t.C> a ~imited r .. company, its General Partner
By: ~ ~y:
,.
Name: JõHAl ß, VhVce, Name: fJ¡:rtJL- L. L. I3At2Ncs:
./
/165T, S£ùe£T ~ /j.ssr.
S~(!;/?b7FJ¡[?y
(Attach Notary Acknowledgment)
-6-
Lf ø/ r
.,: ..' ". '. ". ". ... ..' .' .' ". ..
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }ss
County of San Diego
On January 21, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
": whose names are subscribed to the within
instrument and acknowledged to me that
.. ... they executed the same in their authorized
capacity, and that by their signatures on the
instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
~~~\~ ------
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
Signer's Name: Top ofthumb here
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
J.j-ø
. .' '. .... .~. . . . . .. .., .. " .. .. w .'
State of California )
) S.S.
County of San Diego )
On January 22,2004 before me, Sarah A. Cordon, Notary Public, personally appeared John B.
Vance and Paul LL Barnes personally known to me to be the persons whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
~ CL~ ~
,+ '
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Monuments:
Form: Bond
Amount: $9,800.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Attomey\SIA\OtayRanchViIlage II R-20, R21 and R21.
.-
-7-
,
RESOLUTION NO. 2004- -
APPROVING THE FINAL MAP OF CHULA VISTA TRACT
NO.'01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS
R-20, R-21, R-22, AND P-l AND ACCEPTING ON BEHALF OF
THE CITY OF CHULA VIST A THE VARIOUS PUBLIC
EASEMENTS AS GRANTED ON SAID MAP; APPROVING
THE SUBDIVISION IMPROVEMENT AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village
II Neighborhoods R-20, R-21, R-22, and P-l, particularly described as follows:
Being a subdivision of a Lots 2, 3, 4, and Lots "H" and "J" of the Otay Ranch Village II "A"
Map No. I, in the City of Chula Vista, State of California, according to map thereof No. 14559,
filed in the Office of the County Recorder of San Diego County on March 17,2003:
Area: 40.066 Acres No. of Lots: 5
Numbered Lots: I Lettered Lots: 4
Open Space Lots: 3
Park Site Lots: I
is made in the manner and fonn prescribed by law and confonns to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, that said Council hereby accepts the wall easement and
landscape buffer and sidewalk easement all as shown on Otay Ranch Village 11 Neighborhoods
R-20, R-21, R-22, and P-l within said subdivision.
BE IT FURTHER RESOLVED, that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "A" for public
park purposes, and Lots "B", "C", and "D" for open space and other public purposes all as
shown on Otay Ranch Village 11 Neighborhoods R-20, R-21, R-22, and P-l within said
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that the Dedication of Fee Interest of Lot "A" for public
park purposes is acknowledged on behalf of the City of Chula Vista and that the Irrevocable
Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain
easements as granted on Otay Ranch Village 11 Neighborhoods R-20, R-21, R-22, and P-1
within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove state.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated March 16, for the completion of improvements in said subdivision, a copy of which is on
file in the office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
If -l /¡;
Resolution
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
~J?tA.w~
Sohaib Al-Agha
City Engineer City Attorney
Lf-11
THE ATTACHED AGREEìvlENT HAS BEEN REVIE\VED
A~D APPROVED AS TO FORLvI BY THE CITY
F
A TTOfu'\JEY' S OFFICE AND \VILL BE
FO~ylALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
f~ -~fJL'~
m~ . ~loore ~
(itv ..-\Iï:Omn
. -
DclIed: 1/11104
SUBDIVISION IMPROVEMENT AGREEMENT WITH BROOKFIELD SHEA OTAY, LLC
ON OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-20, R-21, R-22 AND P-l
(CVT 01-11)
"'n
-~
,
,"-
Y---
.
"*'
, >.,
.'
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
BROOKFIELD SHEA OTA Y, LLC, a California Limited Liability Corporation and Otay MFI
LLC (collectively referred to herein as "Subdivider", "Developer" or "Owner"), with reference to
the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-20, R-21, R-22 AND P-l (CVT 01-11)
pursuant to the provisions of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the
filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is [mally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
'-f / 11 (1'
'"
..
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the .
23rd day of October, 2001 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer as
identified under permit number B03-3125
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the tern1s, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
., It is expressly understood and agreed that Subdivider will cause all necessary
.).
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second armiversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perforn1 said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
."
-2-
Lf-/ ;;P
<
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of NINE
THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($9,800.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "A" and made a
part hereof.
7. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
.-
-3-
Lfø
I
improvements for a period of one year from date of final acceptance and COITect any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its -agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or 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, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
.-
-4- 4- ..- d-~
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-20,R-21,
R22 AND P-1, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
ATTEST
City Clerk
Approved as to form by
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
-5-
4~
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-20 ,R-21
R22 AND P-1, CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
OTA Y MFl, L , A DEL WARE LIMITED LIABILITY COMPANY.
uJ. V.p. By: ¿f' ir/ P ¡/J'.
~
N Name: G. Þ1J!t: 7J~~j
BROOKFIELD SHEA OTA Y, LLC, a California Limited Liability Company
vpBy: If
N
By: Shea Otay Village II, a California Limited Liability Company, Member
By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member
By: JoF-;¡;z.C, a ~imìted r .. company, its General Partner
By: ~ ~y: ___..0
,.
Name: JÕ/-/tJ ß, VANce/ Name: fJ¡rtJL-- L. '- . SMNcS:
,;
/165/-, S~ ~ /}ssr;
St;CfQ:;7ßRy
(Attach Notary Acknowledgment)
-6-
~ ~ ~bt
¡¡: ,,', ,', " " " "
'.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }ss
County of San Diego
On January 21, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
,,' personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
", they executed the same in their authorized
~' capacity, and that by their signatures on the
instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITN ESS my hand and official seal,
"
~L.c\..~ \~ -------.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document: ,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Right Thumbprint
of Signer "
Signer's Name: Top of thumb here
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner - 0 Limited 0 General
" 0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
",
4'
, "", , ' '" " '~' '~' , ' , , " ,, " ~ , , ~' ~ ~
State of California )
) S.S.
County of San Diego )
On January 22,2004 before me, Sarah A. Cordon, Notary Public, personally appeared John B.
Vance and Paul LL Barnes personally known to me to be the persons whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
~ CLL C~
Lf#
,
','
'. .
"
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Monuments:
Form: Bond
Amount: $9,800.00
Securities approved as to form and an1Ount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Attomey\SIA\OtayRanchVillage 11 R-20. RlI and Rl2.
.-
-7-
4-~
. .
EXECUTED IN TR I PLI CA TE
I I File No.:
SURVEY MONUMENT INSTALLATION BOND
, Bond No.;212 51 87
Premium$100.00
LET IT BE KNOWN BY THESE PRESENTS, that NAY WI, W:, A æJ\I'IAAE LlMllID LlJlBILIlY CI:WPM'
AND EHXJ<F18.D 9£A NAY. li.C. A CALII'I:mIA LlMllID LlJlBILIlY CI:WPM' as the subdivider (hereinafter
"Principal"), and INSURANCE COMPANY OF THE WEST
, a corporation of the State of
CALIFORNIA (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of
California, and to and for the benefit of any and all persons who may suffer damage by reason of the
lm:: è\ C 11 of the conditions hcrcof~ 111 the penal sum of
NINE THOUSAND EIGHT HUNDRED AND NO/100THS ----------------- dollars ($ 9,800.00-------) lawful
money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as
COTTAGE LANE, TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOODS R20-22
- subdivision in the City of Chula Vista; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as
"Agreement") whereby Principal agrees to install durable survey monuments for said subdivision,
which said Agreement, dated , 20 -, and identified as project
COTTAGE LANE, TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOODS R20-22
, is hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation
of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by
(Name of l.icensed Civil Engineer or Land Surveyor)
in accordance with the final map of said subdivision, a copy of which said map is hereby made and
samc is incorporated herein as though set forth in full, and according to the ordinances of the City of
Chub Vista in full force and effect at the time of the giving of this bond, on or before the expiration of
thirty (30) consecutive days following completion and acceptance of public irnprovements within said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and
reffi.'lin in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, and including reasonable attorney's
fees, incun'ed by City in successfully enforcing such obligation, all to be taxcd as costs and included in
any judgment rendered.
4
.,
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on JANUARY 20 ,20~.
= ==-u"""""'" ~,..~--~..- == ===- ~"""~-'"" . -.........",.-"""""""""'.~~""'"
OTAY WI ,w:, A ŒlAW/IÆ LlMITBJ LlJlBILIlY CIM'ÞM', JIM)
BROOKFIELD SHEA OTAY, LLC,
A CALIF!ß\ IA LlMITBJ LlJlBILIlY CIM'ÞM'
Name of Principal (Applicant)
By %£:, M WW'J
By 11455 EL CAMINO REAL
Address of Surety Company
2125187 SAN DIEGO, CA 92130
Bond/Policy No. City State Zip Code
ABOVE-SIGNA TORIES MUST BE NOTARIZED
_. ""'.. - .......... .... ."-... -,.. . .
APPROVED AS TO FORM:
~~ 9-.!1\-' ~
City Á1t mef/
J :\EnginccIILANDDEVIFomls -OfficiaI\Bonds\Bond Monuments.doc
L-f~
,
By:
Name: e.
BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company
By: Brookfield Otay LLC,
a Delaware Limited Liablity Company, Member
By: '. By: Ý A/}1 d.
N : Name: 6£ .ð.2k 5 kJJ
By: Shea Otay Village 11, a California Limited Liability Company, Member
By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member
By: J.F. Shea LLC, ~ Limited Liability Company, its General Partner
By: 4.L. "S ~ By: VIA)' ~
Name: J/)If N !3 I I//J ¡VCt:: Name: 7f%! I 6/fl) STb7?-/J1/b\/
ffS5 r, 5FC¡2-lJJ::r¡ër II C' ,- SÈ7J¡.~7 --rnr"'1
u5 / . ( < - <-l;: .
(Attach Notary Acknowledgment)
4 "ø30
,
State of California)
County of San Diego)
On January 20, 2004 before me, Minna Huovila, Notary Public, personally
appeared Tara Bacon, personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. " ""!r - 1 II!.. -At. . Ii -'L --
~ 8 ~NNA HUOVILA .,
0 C MM. #1454539
(JJ': NOTARY PUBlIC.CALIFORN/A g
0 . " SAN O/EyO COUNTY (')
. My CommIssion Expires ..&
DECEMBER 6, 2007
~ø \
" ' '. ..' '. ..' "
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }ss
County of San Diego
On February 5, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
r:;."éLh~"" ,c.'"""Ji{--$"""g instrument and acknowledged to me that
em r.TfE t<J\VJ\Nf\GH they executed the same in their authorized
", ;orfHy'¡;;sion tJ. i 3 i -10S~ z capacity, and that by their signatures on the
~ ';'_,\fY ""ubiic - Cblifornm z
2: instrument the persons, or the entity upon
z. S~m Diego Cüwri.y
iJ;y Cc: ::1: L E:zpin';$ S;'ep 6, 2005 behalf of which the persons acted, executed
..y,~,!";.,.""i""""':fi"-?&'P"'.'9,;,._~T the instrument.
WITNESS my hand and official seal.
<:::::- ~ ~ ~ ð. ~
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
". Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
". Signer's Name: Top of thumb here
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
".
Signer is Representing:
,.'
t+~ 3~
. , " " , , . , ,'. .., " ', '" . , ~ ""
State of California )
) S.S.
County of San Diego )
On January 26,2004 before me, Sarah A. Cordon, Notary Public, personally appeared John B.
Vance and Teri Shusterman personally known to me to be the persons whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal. ~ - ~'~'~~~~~
i fii c"""""",¡., "381~
z Notary Public - California f
~1~JJn él, ~ i San Diego County -
;c(~--- My Comm. ExpiresJun 17 ~
.... - - \iII1'~lŸ'~""""""'" .
.c T-
4#
No. 0001354
ICW GROUP
Power of Attorney
Insurance Company ofthe West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: 111at Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
DALE G. HARSHAW, DEBRA J. NIEMEYER, CAROLYN M. KERL, JACK G. LUPIEN, JOHN C. STARICH, TARA BACON
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California }
County of San Diego SS.
On January 16,2001, before me, Nonna Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instmment, the entity upon behal f of which the persons acted, executed the instrument.
Witness my hand and official seal.
I . ~À --~-4-A I
NORMA PORTER
COMM. #1257540 0 ~
NOTA. HY PUBlIC.CALIFORNIA II) 1 lli
SAN DIEGO COUNTY 0 ~
My Commission Expires i
MARCH 19,2004
~- _..
Norma Porter, Notary Public
RESOLUTIONS
111is Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President. an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: 111at the signatures of the officers making the appointment, and the signature of any officer certitying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. 111e facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer msurance Company, and Independence Casualty and Surety Company, do
hereby certity that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 20TH day of JANUARY -' _2004 --
~
John H. Craig, Assistant Sccretary
To verity the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For intonnation or filing claims, please contact Surety Claims, JCW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
Lf- ~
'
. . . '"
I.C.W. GROUP
Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 £1 Camino Real, San Diego, CA 92130-2045
P.O. BOX 85563, San Diego, CA 92186-5563
(858) 350-2400 FAX (858) 350-2707
www.icwgroup.com
Bond Number: 21251 87
Terrorism Risk Rider
This rider addresses the requirements of the Terrorism Risk Insurance Act of2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety.
Coverage for certified acts of terrorism is included in the attached bond and will be partially
reimbursed by the United States under a formula established by the Act. The United States will
pay 90% of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
In no way will the payment for loss on this bond exceed the limit of liability under this bond.
This rider does not provide coverage for any loss that would otherwise be excluded by the terms
of this bond.
The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism
under the Act is One Dollar ($1.00).
Important Notice: The cost of terrorism coverage is subject to change on any bond that
premium is charged annually.
~
L},_;;ï
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE IRREVOCABLE OFFER OF DEDICATIONS OF FEE FOR
LOT "J" FOR PUBLIC PARK PURPOSES AND LOT "H" FOR
OPEN SPACE AND OTHER PUBLIC PURPOSES PER MAP
NO. 14559 OTA Y RANCH VILLAGE II "A" MAP NO. I
WHEREAS, on March 4,2003 by Resolution No. 2003-074, the City Council of the City
of Chula Vista acknowledged the Irrevocable Offer of Dedication in Fee Interest of Lot "H" for
open space and other public purposes, and Lot "J" for public park purposes all as shown on Otay
Ranch Village II "A" Map No.1 in the City of Chula Vista, State of California, according to
map thereof No. 14559, filed in the Office of the County Recorder of San Diego County on
March 17, 2003; and
WHEREAS, grading changes in the project design necessitate the minor relocation of lot
lines; and
WHEREAS, the City no longer requires the Irrevocable Offer of Dedication in Fee
Interest of Lot "H" for open space and other public purposes, and Lot "J" for public park
purposes as shown on Map 14559 after receipt of the reconfigured Irrevocable Offers of
Dedication; and
WHEREAS, the map before Council tonight contains the reconfigured dedication; and
WHEREAS, in accordance with Chapter 4, Section 8335 of the California Streets and
Highways Code, the vacation of Lot "H" and Lot "J" may be performed summarily through
adoption of a resolution ordering said summary vacation; and
WHEREAS, in accordance with Section 7050 of the California Government Code, such
offer of dedication may be terminated and the right to accept such offer abandoned; and
WHEREAS, from and after the date this Resolution ordering summary vacation, the lot
"H" vacated as described herein, no longer constitute an open space or other public purposes lot,
and lot "J" vacated as describe herein, no longer constitute a public park site; and
WHEREAS, City Council hereby finds that the Irrevocable Offer of Dedication in Fee
Interest of Lot "H" for open space and other public purposes, and Lot "J" for public park
purposes all as shown on Otay Ranch Village II "A" Map No. I in the City of Chula Vista, State
of California, according to map thereof No. 14559 have been superceded by subsequent
Irrevocable Offers of Dedication and that all public easements on said lots will remain in full
force and effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby orders the summary vacation of Lots "H" and "J", according to map thereof No.
14559, attached hereto and incorporated herein by reference as if set forth in full.
Lf-
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this
resolution of vacation in the office of the San Diego County Recorder.
Presented by Approved as to form by
cY~m (]ñ~ ~~~.
Sohaib AI-Agha 0
Ann Mo
City Engineer City Attorney
J:IEngineerlLANDDEVIProjectslOtay Ranch Village Illr20-r22Ireso-summary.doc
4.,~3
~~ ~~I¡;,,~~~~ ~~¡¡ ~ "h~~ ~ ~~¡¡¡; ~~ ~ ~
0 "'o"'."e~ >~ ~ ,,~ <:;~ ~~ ~~",\i. " ~..:.
¡¡, .,~g"-1:!5"'e",1:: 8 ~";~ ~1:,iS~i;i ~e.~~~~~,,~~ ~ ~~~ 0
¡..; ~~ì¡~~~~~~~¡;¡ ì'U~~ g~~~~ : , ~¡;¡t;~:;;~~~d~~ ~ ~~ð .,
~ ~~.~~g~~~~~~ ~I~U '~ ~~!;: J, ~ '1;°' ~~~§~~~¡;~§~; J ~L,~ ~
::¡; -"'"u VI ~. ~~ ~ ~'" ð~ \" ~~~~;;¡C~~,!:",,~ i 2
CI) ~~::ì'~~§~~~~ ~i!'h§~ ~ ~~~,,~ j I ð~~~/j~~~!3,,~~ ~ 1š~ ~
~ ~d~~~~~~~: ~~ h~§ ~i~~i ~ i ~ ~~~~~-~~U~~~: 1 ~ ~e l~ ~
k, :!j~"ð@~U/::e~t5 ,,~¡¡¡~~a: 8,,1:i i1' l/:: ~ I~ OJ h~'" ~~¡¡o:~C:¡ '" °li)": , ~
a ~~~~.~~~~§~~ ~~8~~~ I ~~~2~ . ~ ~ Iii! ð ,,~~~~~~~~~~~ ~ . ~ ~~~Iti ,~
"'¡;~"~u""'~:;¡' :;¡~~"~ð , ,,~;;:~ 11 il5ð~~\1""'>:¡i:5~ ~.. °\ie;~ 'u
~ ~:!'~d~~~~!i ! ~ ¡ :!'~i~~: ~ '! ~;~d ~ ::~:~~~~.:~b~. ~~ ~ ~ ~~,~ !:
k¡ ~~~ ~i!'ð~~~ : ~ I ~~~:!'::J~ Si ¡(Ii i ~~~Ii:~ ;:~~oi!'§~~\;~l1!i§ ~~ ~ ~::~" I:,- ::J
,"" CI) '" "c~~~"""- ~ I u~...~ ~ ~ I ~. ' ~"f!'~~ " ... ~ ü"'- ,,~" ,
...., e~"'Uð~~o~o ~~ I» ~u"¡;j~~ ~ ,':5"'~~~ ~ i~ ~:s~~uho~", < < iI1e; , '"
~ ~!I~~~~¡~¡I ~~~ ~I ~!~§:: u ~l ik U:~a ~ '" h~~i~.!~:~~:5.~ i I i I I ~~i i ,~
..... ~¡;~~¡;¡~~~~~~ 'i.~ 1{1il' ~§"~§:~~ ~i1' i!~¡~ ~~:~~~ §~è ~,,~ ~~~~~~~I~;i!'~~ ~ ~ ~>¡ii1' '
"""1 ~~~§o~~§,,~ ~~ \\¡ ~iS~~"'" ~~ :!i(¡(i ~~h~ð ~~ "'",~ c"~~~ðl:i:!'::;~¡¡:;¡~ '" " . ~~~
~ :~~~¡~;~gn~~: ~ ~-~bn h ~ d ~~~~~~ ;~~ iU !~~un~:u:~ !! i ~ : ~-~~~
0 . ~
Z f. . ~ ~ i>~~ ~:!'~5 ~~ ~o.- 5~- ~
~ i~~i~;~~~~i!'~ ~~~~~~~~~e~~~~¡~ ~~
ð "a::¡"'~~~!~:!'~~~~~"'~~~ð~~~~~§~~~ ~ð
~ ~~~¡;~'"'" t;:S¡",~0," "ii",u~",
0... "'g ~~/j"~~1i ~~~:!':5:!'~h:h~h¡;h:!'~~ ~ i
~ ~~ ¡¡~~ f!'~ ;;!~~¡¡ "'y;~"'" "" ê '" .Ii:~ ,
~ ~~; ~~gl:~!i~~¡~~~§¡~g~:~!I~~~~li lììl
~ I "2 ~ - "¡¡¡~~ i'it5 ,~ ~è~",",~ ~~~ ~u. 'Ii' '"'
~~ ~ ~~~~~~¡;~~~~~~i~§~~~~~~~~~~~~ ~i
~ ,,- ~.IS¡;'~"'- "3""~~~~'~i!!~ ~
¡-..... /::~ ::J" ~~~"'J;~~i!;!J~~~l'¡j !<P~~ðC",~" ~~ ,
-.....,¡ "I' "':!i /:: 1~,J¡01!!i!'::;!E " ~ ~'" -t;: "'~~"~;!~~'" ð~ ,
...., ð~ ~§. ~~I~~~~~~~~~~~~~~~'i1'¡:;~~~~~h~\)\)¡¡~ ~~ :
",G ~o ~~~¡¡¡~~O"'~~~~~"'¡;¡;~' ~. "'~~!3 '"
. ~- ~~ ~o~ð ~ G~'" ~i'ið~C~~~"~~5~~~~1;i ;;¡ ~ê
~ ~ ~~ ~~ ~ ~i~:;:~~~~;I~~~~¡~~~~I!~i~:~~¡~ ~~
~ ,,~ ¡;¡~ ~~ G ~IB~ o~.~ ~~ ~~~h' a§~9 ~~& ~~~
~ &~ ~~ ~~ ~~~~~~i~~i~c~~i~~&~8~~~~~~~¡~:!' ~~~
~ ~ ~ ~§ ~~ ...~ g~~~o~~ s~~~~~~~~:!'-~~~~~~O¡;~~~ ~~t
ì, l) ~,,~ ~~ ~~ ~~~~~~~:s~~~~~~~~~al:i~"'ê~~~~~li)c ~5
'-J ~ ~§ 3~ ~~ ~~~~~~~~~i1':¡~~~",~~ ~~~~ ~~~~~~~ ¡i!'
~ :<t: ~ ~~ ~i!; ~8 :~~~~~~~~è~~~~~:!'5~. ~hi!h~:!'~:!'h "5 ~ G
rv> ~ ~~ ì¡¡; 5~ I
~ ~ o~ ~<'í ..
¡:-.; >.. ~~ §~ ~Q ~ ~ ~ ~~ jãŠ
~ ...., ðo ~5 ~¡j ~~~ .. I':~' ~~",[;i~i:;" !1m
~ h ....,::,~ e;~ :!'~~ 8~~¡g ",t;;,,~ ~~~ 1;j~~~~~~Vj
h a ~ ~~ ~.~ ~h ~;U ~~~~ ~;I ~i!'~~:~:~~", ~ ~
ì" \.J:~ ~Þ! ~:!'~ ::~~¡¡ ~~~i/ ~'~ ~~~~J!i~i?~ itð "Il~
~.I --~~I I:!...~ ~,,~~bjt5~¡; ~hi ~~oiS~","~/j "'I \.,-,
~~ "'~..,~ ~oe 0:!J,oi:;ò'~5:'~" ~~",~~i!;~ I "1'1
~ ....;¡ ~\? ~ ~""'6 ~~\?~ ~::i~~ ~7¡;i~ ~ ~¡;~~~~ ~' I
....;¡ ~~ ~~ ~~iõi5 11~~~ ~~~~ ¡;I':~IQ ,,~ ~~ ...~ , I i
:;: 3~ h ,,~h 8~<:"'1 ~~~" ~o"~ :¡"'i!'I:i§~'!:~ I '
~ ~~ ~~ '!:;;~~ ,,~~~ .:;¡~~ ~~~~ ~~~~:!'ti~!;j I ~'
'- ~ h" ~¡~@ ~;~~. ~~~~. ~~~~ ~~~'~~¡;~iS ,--..J ,
~ ~o ~~"'i1' ,,~ ~~~~ ~~ ~i!iI1 ~e ~ ~
~. ~~ I¡¡¡~' ~!J!§~ ~-.~~ ~~<i'1 ~~~§[¡\~!:!¡¡¡, I~
"-> ~~ ~~'" <5..~ . iP:~ ~ .~:1 u- ~~ " " ~
~ i~ ~~~I ;~, ¡~ ¡~~~ ;r~~ àn:~!b ,,~I!
'-J i5 ¡;~;:~ ~~8!:! go:!:! ~o:.¡¡¡ ",,'1~i!"'~ê' ~ ~ êš~a
~ ~u~~ ~~¡;~ o~~~ 81~~ ~~ê:¡i1'~~~ ~ "'~ ~ ~
~ ~:~~ ~~~~ ~~~~ 1š1Q~~ ~:~~~~~~ ~~~ §~.. ~ ~
~ ~ ~~ &~"~ ~~~~ ~~I':~ §~~~ ~i1'1:i ~~~ <~§ ê ~
II.~ '".11. I.~II :!'~~~ i1'1~11~~~ I~I leI ~ ¡
~~~~ =2~~ ~2"~ ~2~~ ~~~~~~8~ ê&& ~:!j~ ~ <
~~~. '
0 ~i~~ . ~: ~ ~"' , ~~
~ ~~ ¡¿ ~~ ~ ~ ¡¡~"'~~ '" :~ð ~ è '1,",§~ ~<;; ~ ~ ~- " ~~
~ce~ ~ ~~ ~~!2 ~~,,§~ ¡; d\ ~ ~ Iò,,¡;~ ~~~ ~ ~ ~ f ...8
~~~.~h~~ 3~~~~ 3~~~~~~~~e;~~ <>' "~ð 00.,
~<:;,~" ~~~~ ~\?~ ~~~~¡;¡~~ :;;~dJ ~~\<~,"~eu8"~",:: ~!i .- ~ " i3~'
-"-,, ~ C~o 1] 0" o~ ,,~~¡;~ - ,,0 - . ~,
~: § iõ ~~~~ ~U ~h~!~ ~~I ~h~ h~~~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ¡ ~~
!a~ ~'IH ~i~ ~~I~~~~i~ ~~II ~~~S~i~~:I~~~~~ i ! I I l~ i ~ ~ I~ ~ !! . s,!
~u~\) "~~O ~,,~ ul:i\1~~~ ~u ""o-~\; ~~ "'~2 ¡;, ~ /:: ~:5 ~ '" ". ~<S '"
:5~~~ H,~ ~~~ §h~~:~;~ ~§ß~ ~~,",~~~",~~~:5~g :!' ~ i ~ ~ ~ ~ ~~ ~h 8-
~~.~ ~~~~ ~ ~ ~æ~¡:~~~;¡ ~~~~ ",~I~~~~~~¡~~~ ~ ê ~ ~ ~ ~ ) ~ - i!J§u b ~
I~~~J~~~ !!; ~I~~:IU~ ~I;: ~!~~~U~h~!~~ ~ i! I ~ ~ 4 i! ;;~ ~ ~ ~
~e~~~~ "'~~ ¡¡¡,"~~,,¡¡;rG ~~~~/jt5~~~~~nfìi'ê E?~ iš~ ~~~ w ~~~' ¡::~
~~,,~i!;h~~ !'J§~ ~õ:;;¡§h~~ ~¡;;;¡!:! ~\I~. ~'"'I~"~.~h.§i;¡!Ii ~ ~ ~ ~ ~JV'N~ ~ ~!:!~ ~ ~~ '
~lo~~U~~"~;:;~ "'5ãO¡":5¡.'~¡; ",~/j q~~ ~~~0~1S;<i\'/j ì¡ ~ i<1 u' Ii) ::Jt....~;¡: ~8i!; I
~~~ ~~~~~~~~~. ~~~~~~~-e~~ ~~~~ ~~~§~~~ :~I~~~ ~. ~ ~ ~! ~~~ . ~ ~~~ .,
~~!I~~~Ú~~::~~~ 0~&~~¡:3~~~ ~ìi&~ e!~~c..,~.t~~:!'~a J ì¡ ;: ~ ~~ ¡;¡~ 'j1(!! ':!~~ ¡¡¡ ,
t~~~ ~~:~1:1~ ~:¡ ~~~~"'å' ~~~ ~"'~ ~"'¡jh~Ëi~~~t:!'"' ~ 0 ~ ;:¡ ~<:\ "~1: .., ~-~;:I; :;!
~~~~¡~~H~~i~~ ~~~~~~t~~ ~~~~ ~~~~~iìi~~~:!'~~¡ h ~ ~ ~ ~~ ~~ ~ ~ ~~~ ~!
;§!na~~n.;! ~~lh~~~U~ ~;¡~ I~idtl~~~~~~i I~ ~ I ~ ~~ ! . ~B~ ~. I
I!Lh~~~~~l!h~ I!~išt~h¡¡~~ I!U~ I!~~:!!~~~:!'h~~ \i!~ i $ ~ L¡ - ~iI1o: '" ¡¡
01 J.33H5 335 ~
:¿
~ ~
~ -
~ ü
~ ~
Cr¡ - ~
l(') < - "-
..... I:;j "-
r... a ~ / ~
a - n <n / -
1'- t;j ':i t:J /:j
E-.. ~ <n
~ <n ~
0') ~ t:J ~
Cr¡ <n ~
~ ~
lQ
~ ~
... ~
Ö
z
(L
«
~
~ Ii! :JlP::t; ~
~~h~~~
~g1581515g
i!SSS~~~
È~~Þ~~ ,
~ ~ ~ ~ ~ ~ ~ <0"
~ ~"---oo: ~
lû~~~~~i ~
t:J
8 ~ Vi U
N ~;.,' " ";.,, ", , , , , , '1:
~~~~~~~~:~~8~~~~q~~~ ~
8 ~-;~;~~;~~~~~~~~~~~~ ~
~ Q
8" ...... "'1""""1"""""""1'1'\1<.. ~ ;
~ OJ ,15,15¡;:¡;:,15S!¡;:;¡¡iHL15.15,15;;;;;;,:';;¡;: fa~:
< !~~~~~~~~~~~~~~~~~~~ ~S'
~ .....0..00......... ~
~~~~~~~'<"~~~~~~~~>'" :::: 'I
~ w I
a -"..,.~..."-.,~~~~~~~~::::!'~ ' t;j '" i
!~~~~~~~~~~~~~~~~~~~ r ~ ~ !
0 Vi ~ '!
, t:J ;¡; I,
8 <n ~~,
~~~ I
'"
"
~
~ ü
~ 2
~ ~
~ ~
~ ,
~ ~
~ .
a j
""
"
h :¡:
~ ~ ~
~ ~
If:)
~ ,
~ ~
1"""1
0
Z :
-<
~ g~
« -., 0
-., ,....¡ \' ,,'t\\
~ I /ø~ø
-., .
~ ~
...., ~
. . ~
a a "-1
':> < -.;
~ E ~LO
Q.., i;:¡
~õ~&'~
C,j<~~~
~~~ ~r:;
C"'\.->O::::",!:
~ ~ ~~
h>... ~~
~....,c::¡
~ h ....,~~
&-; a k¡ ::;'
r ,..., c." . .
~ ~ ~ 'u >-
~ ....:¡ R ~
~ ~~ a
~ 0 ~
~ ,....¡ @
~ ~
~ - 0
. s
~ p:¡ -
~ ~: @
r < ~ ::,
~ ~ ~
~~ 0 !
~~ ,....¡ ;
~ <t.q.
:3 ~.t&~~
-<"'fro,
~IJOB
4'O/Sì-1/06',
8 ~s
~ I u
. ~
g
8 ~
ro ~
~~ ~I
! í 'j
~,
a .;{¡ U
!, 1/ - '10 I
COUNCIL AGENDA STATEMENT
Item: ;;
Meeting Date: 3/16/04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista adding
three full time equivalent custodial positions due to operation of the
new jail facility, amending the Fiscal Year 2004 budget and the Fiscal
Year 2005 spending plan for personnel and services, and appropriating
the necessary funds therefore.
SUBMITTED BY: Director of General servicesÒJr
alL-
REVIEWED BY: City Manager ,fr Q ('" (4/5ths Vote: Yes l No->
At the time of adoption of the Fiscal Year 2004 budget, plans for the ultimate operation of the
new jail facility had not yet been determined. The adopted budget reflects the continuation of
current jail facility operations as they relate to custodial services. Now that the actual operations
of the new jail facility are known, there will be a significant increase in the need for custodial
services within the new facility. These custodial positions will meet that need.
RECOMMENDATION: Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION: N/ A
DISCUSSION:
The City Of Chula Vista Police Department currently operates a temporary holding facility with
a maximum capacity of six inmates. Of the approximate 1,000 square feet of jail operations
space, the actual cells make up 300 square feet, with a maximum capacity of six inmates. As the
purpose of this facility is only to temporarily hold inmates after arrest, complete booking
information, and prepare the suspect for transport to County jail, the maximum length of
detention is eight hours.
In conjunction with the Chula Vista Police Department's new facility, the Chula Vista Holding
Facility (CVHF) will be expanded to an 8,500 square foot facility, 1,900 square feet of which is
devoted to cell space. The new facility will house up to 46 inmates in eleven cells, for a period
of up to 96 hours each. Per State law, the CVHF will also operate two sobriety cells
accommodating an additional twelve inmates for up to twelve hours. These new facilities will
result in a net gain 0[7,500 square feet to be maintained by the City's custodial staff.
In addition to simply increasing the maintenance area, these enhancements to the jail facility also
introduce new custodial concerns. Whereas the current facility does not offer meals, the new
facility will provide this service to the longer-term inmates. Such accommodations are likely to
result in greater upkeep within the cells and the jail facility as a whole. In addition to the
increased custodial need resulting from food service, the sobriety cells will likely introduce
ancillary custodial demands inherent to the nature of the inmates they are designed to hold.
5-1
Page 2, Item: 2
Meeting Date: 3/16/04
On January 13, 2004 Council approved the addition of new staff to the Chula Vista Police
Department, however, custodial personnel was not added at that time. Additional staff is
necessary in order to maintain the current level of service provided within the jail facility, as well
as to meet the new needs resulting from the expanded services offered in the new facility. In
response to this increased responsibility, the General Services Department is recommending the
addition of three full time equivalent custodial positions. In order to achieve the most efficient
use of this new staff, the General Services Department recommends these positions be divided
into one full time benefited custodian, along with four part-time hourly custodians. The Fiscal
Year 2004 cost for staffing as proposed would be an additional $26,388, assuming a start date of
April 1, 2004. The Fiscal Year 2005 additional staffing cost would be $110,709. Along with the
supplementary staff necessary to maintain the new holding facility, additional janitorial supplies
will be required as well. Adequate supplies to maintain the expanded facility would cost an
additional $1,250 in Fiscal Year 2004 and an additional $5,000 in Fiscal Year 2005.
The General Services Department requests that a portion of the unanticipated revenues generated
by the operation of the Chula Vista Holding Facility be appropriated to offset the increased costs
associated with the maintenance of the jail facility.
5-;r
Page 3, Item: !5
Meeting Date: 3/16/04
FISCAL IMP ACT:
FISCAL SUMMARY FY 2004 AND FY 2005
FY 2004
ADDITIONAL EXPENDITURES FOR FY04 AMOUNT
CVPD Personnel FY04 $190,717
CVPD Supplies/Services 04 $10,000
Custodial Personnel FY04 (Est. April Start) $26,388
Janitorial Supplies FY04 (Est. April Start) $1,250
Total Additional Expenditures $228,355
REVENUE FOR FY04 AMOUNT
Contract for Services (Est. April Start) $173,000
Booking Fees (Est. April Start) $90,000
Total Additional Jail Revenue $263,000
ESTIMATED NET ADDITIONAL COST FY 04 ($34.645)
FY 2005
ADDITIONAL EXPENDITURES FOR FY05 AMOUNT
CVPD Personnel FY05 $704,753
CVPD Supplies/Services 05 $155,000
Booking Fee ($338,400)
Custodial Personnel FY05 $110,709
Janitorial Supplies FY05 $5,000
Total Additional Expenditures $637,062
REVENUE FOR FY05 AMOUNT
Holding Facility Service Contracts $700,000
Booking Fee (CVHF) $382,375
State Booking Fee Reimbursement ($207,592)
Total Additional Jail Revenue $874,783
ESTIMATED NET ADDITIONAL COST FY 05 ($237.721)
As detailed in the table above, there is sufficient revenue generated by the operation of the
holding facility to offset an costs associated with this increased maintenance effort.
J:\General Services\GS Administration\Council Agenda\Police FacilityVail Facility Custodial A-113.doc
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 BUDGET OF THE GENERAL
SERVICES DEPARTMENT TO ADD THREE FULL TIME EQUIVALENT
CUSTODIAL POSITIONS AND APPROPRIATING THE NECESSARY
FUNDS FROM THE UNANTICIPATED REVENUES GENERATED BY THE
OPERA TION OF THE CITY'S NEW JAIL FACILITY, AND AMENDING
THE FISCAL YEAR 2005 SPENDING PLAN FOR THE GENERAL
SERVICES DEPARTMENT
WHEREAS, in conjunction with the Chula Vista Police Department's new facility, the
Chula Vista Holding Facility has been expanded from a 1,000 square foot facility to an 8,500
square foot facility; and
WHEREAS, this new facility will result in a net gain of 7,500 square feet to be
maintained by the City's custodial staff; and
WHEREAS, on January 13, 2004, Council approved the addition of new staff to the
Chula Vista Police Department, however, custodial personnel was not added at that time; and
WHEREAS, additional staff is necessary in order to maintain the current level of service
provided within the jail facility; and
WHEREAS, III response to this increased responsibility, the General Services
Department is recommending the addition of three full time equivalent custodial positions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does herby amend the Fiscal Year 2004 budget of the General Services Department to add
three full time equivalent custodial positions and appropriating the necessary funds from the
unanticipated revenues generated by the operation of the City's new jail facility, and amending
the Fiscal Year 2005 spending plan for the General Services Department.
Presented by: Approved as to form by:
YJ~ ~
Jack Griffin Ann Moore
Director of General Services City Attorney
J:I Attorney/reso/finance/custodial positions
5~-¥
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 03/16/04
ITEM TITLE: Resolution Awarding the Design Build Agreement with Systems
Integrated for the provision of services required to design and construct the
Supervisory Control And Data Acquisition (SCADA) System and authorizing
the Mayor to execute the Agreement
SUBMITTED BY: Director of Public Works operations}
Director of General Services ~~
REVIEWED BY: City Manager& J;; oJV (4/5ths Vote: Yes- No--.2L)
The City Council previously approved CIP project No. SW 218 to design and construct a
Supervisory Control And Data Acquisition (SCADA) System that will provide an alarm system for
controlling and monitoring sewer collection and pump stations throughout the City.
BOARD/COMMISSION RECOMMENDATION: N/ A
RECOMMENDATION: That City Council approve the Design Build Agreement with Systems
Integrated for the provision of services required to design and construct the Supervisory Control And
Data Acquisition (SCADA) System and authorizing the Mayor to execute the Agreement.
DISCUSSION:
On September 20, 2002, the General Services Department issued a Request For Proposal (RFP),
pursuant to Section 2.57 of the Chu1a Vista Municipal Code, for Construction Management and
Design Build Services to assist staff in the work required to design and construct the Supervisory
Control And Data Acquisition (SCADA) System. Only two (2) Design Builders responded to the
RFP. On December 6, 2002, the City's selection committee, appointed by the City Manager,
interviewed both respondents. Based upon the interviews, Systems Integrated was selected as the
Design Builder who best met the design, monetary and time criteria of the project with which the
City could negotiate an agreement.
SCADA SYSTEM
The Supervisory Control And Data Acquisition (SCADA) System will provide an alarm system for
controlling and monitoring sewer lift stations, swimming pools, the Nature Center's water circulation
equipment, and large (12") diameter sewer trunk lines located in remote areas. SCADA will enable
crews to put more of an emphasis on preventive maintenance by providing real-time monitoring,
instantaneous alarm notification, and computerized control of equipment and critical systems. The
Salt Creek Interceptor will also be monitored by the SCADA system.
""
Page 2, Item (p
Meeting Date 03/16/04
Over the past several years, there have been several lift station failures, one of which resulted in a
sewage spill into the Otay River. Currently when an alarm is activated, a signal is sent to a dispatch
panel located in the basement ofthe Police Department. This alarm is simultaneously transmitted to
an auto-dialer, which notifies the pump crew via cell phone and pager. Consequently, the pump crew
must then drive to the Police Department to review the display panel in order to determine the
location of the problem. The SCADA System will replace the current monitoring program with a
state of the art process that will result in much faster response, the ability to correct problems
remotely using a laptop computer, and eliminate failures.
Sewage spills in remote areas in the City of San Diego have resulted in significant fines and bad
publicity for San Diego. Therefore, alarms will also be installed in main trunk lines located in
remote areas in the City ofChula Vista in the future. The Salt Creek trunk line included monitoring
facilities when constructed. By doing so, the City will be able to reduce the number of times
sewerage spills occur. And if a spill does occur, have immediate notification rather than rely on
someone noticing it and reporting the spill. With more of an emphasis being placed on violations of
the Clean Water Act by the Regional Water Quality Control Board, this should prevent fines by
significantly reducing the duration and quantity of any spill, which may occur. Current fines are
$15,000 per day plus $10 per gallon. For example, a 1,000 gallon spill (which is a minor spill) could
result in a $25,000 fine.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Systems Integrated (SI) for the
provision of services required to design and construct the SCADA System. Systems Integrated,
established in 1974, has been providing automated control systems for the past 28 years. SI is a
California LLC with offices worldwide, including in Orange and San Diego counties. Systems
Integrated is fully qualified to support all aspects ofthe implementation ofthe SCADA System ITom
determining the overall requirements of the system to providing specifications for the
implementation ofthe system, including conceptual and detailed engineering, project management,
etc. as well as providing all aspects of the installation, commissioning, training and long-term
support. As a result, staff recommends awarding the designlbuild agreement to Systems Integrated
for the design, construction, and operation/startup of the City's SCADA System.
PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS
As proposed, the Design/Build Agreement with Systems Integrated will provide the City with a fully
functional SCADA System. The project is located at various facilities throughout the city and
several points along the City's sewer system.
jp/~
Page 3, Item b
Meeting Date 03/16/04
Systems Integrated will perform all services, work, and obligations necessary to provide a fully
completed and functional SCADA System, which include design services, general conditions, and
construction management for the not to exceed amount of$527,750.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the designlbid/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 designlbui1d construction technique.
PROJECT COMPLETION DATES
Systems Integrated has agreed and the contract reflects the following completion dates:
Substantial Completion: No later than 195 calendar days from issuance of Notice to Proceed
at execution of Agreement.
Substantial Completion shall be that stage in the progress ofthe construction when all Work
on the Project is sufficiently complete in accordance with the Construction Documents so
that City can fully utilize entire Project; Substantial Completion shall further mean that all
goods, services and systems to be provided under the terms and conditions of the
Construction Documents are in place and have been initially tested, and are operationally
functional, subject only to final testing, balancing and adjustments and normal Final
Completion punch list Work.
Final Completion: No later than 225 calendar days from issuance of Notice to Proceed at
execution of Agreement.
Final Completion shall occur at the conclusion of construction when all Work on the Project
is sufficiently complete in accordance with the Construction Documents so that City can fully
occupy and utilize entire project; Final Completion shall further mean that all goods, services
and systems be provided under the terms and conditions ofthe 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 and has determined that the project qualifies for a Class 1
(p-j
Page 4, Item ~
Meeting Date 03/16/04
categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
FISCAL IMPACT:
Systems Integrated will perform all services, work, and obligations as described necessary to provide
a fully completed and functional SCADA System, which include design services, general conditions,
and construction management for the not to exceed amount of$527,750.
A total of $800,000 has been budgeted for the SCADA System, which is funded by Sewer funds.
This project and funds were included as part as the City's Capital Improvement Program. Therefore,
there is no fiscal impact to the General Fund.
C:\Documents and Settings\robertb\My Documents\Bob\A 113 SCADA.doc
(p~1
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA A WARDING THE DESIGN BUILD
AGREEMENT WITH SYSTEMS INTEGRATED FOR
THE PROVISION OF SERVICES REQUIRED TO
DESIGN AND CONSTRUCT THE SUPERVISORY
CONTROL AND DATA ACQUISITION (SCADA)
SYSTEM AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, the City Council previously approved CIP project No. SW 218 to
design and construct a Supervisory Control and Data Acquisition (SCADA) System that will
provide an alarm system for controlling and monitoring sewer collection and pump stations
throughout the City; and
WHEREAS, on September 20, 2002, the General Services Department issued a
Request for Proposal (RFP) 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 the SCADA System; and
WHEREAS, two design builders responded to the RFP; and
WHEREAS, on December 6, 2002, the City's selection committee interviewed
the two respondents and based upon the interviews, Systems Integrated was selected as the
Design Builder who best met the design, monetary and time criteria of the project with which
the City could negotiate an agreement; and
WHEREAS, staff recommends awarding the Design Build Agreement to
Systems Integrated for the provision of services required to design and construct the SCADA
System.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Design Build Agreement with Systems Integrated for the
provision of services required to design and construct the SCADA System, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City 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
Dave Byers
Director of Public Works Operations
J :\attorney\reso\Design Build SCADA
/p <~, .5
THE ATTACHED AGREEìvlE1\T HAS BEEN REVIE\VED
A:\D APPROVED AS TO FORL\1 BY THE CITY
,
A TTORl""JEY'S OFFICE AND \VILL BE
FO~\lALL Y SIGNED UPO:\J APPROVAL BY
THE CITY COUNCIL
~ ,) ~
. ( ..¡..-P-fL-- t/U . . r
. Ann \10or~
Cirv AnOITlè\
- -
D~red: 1/11/04
DESIGN BUILD AGREEMENT WITH SYSTEMS INTEGRATED FOR THE
PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT
THE SCADA SYSTEM
'Hn
-~
."-
(p-~
DESIGNIBUllD AGREEMENT
This Agreement is made and entered into this 2004, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and
Systems Integrated ("Design Builder or D/B"). City and D/B are sometimes hereinafter
referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Supervisory Control And Data Acquisition (SCADA) System,
is a new facility to the City, and
WHEREAS, the City of Chula Vista, in an on-going effort to expand sewer collection
and pump station monitoring, has planned for SCADA System located on facilities
throughout the City Of Chula Vista; and
WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on September 20,2002
an (Request for Proposal) RFP was issued and there were two respondents, and
WHEREAS, on December 6, 2002, both respondents were interviewed and based
upon the interview, Design Builder was selected as the respondent who best met the
design, monetary and time criteria of the project with whom City could negotiate an
agreement:
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performedk.Qm
1.1 In accordance with the terms set forth in this Agreement and the RFP for
"Design Build Services for the installation of a Supervisory Control And Data
Acquisition (SCADA) System to monitor portions of the City's sewer system, Project
No. SW-218" (Exhibit 6), DIB shall design and construct for the City: a completed
and fully functional SCADA System as outlined in the RFP (Exhibit 6) and further
described in the "Vendor Proposal", dated 09/20102 (Exhibit 1 ), (referred to hereafter
as "Project"). The Project is located at various facilities throughout the City and
several points along the City's sewer system identified in the RFP (Exhibit 6),
Vendor Proposal (Exhibit 1) and the subsequent amendments. In any conflict
between the RFP and Vendor Proposal the RFP shall take precedence.
1.2 The services to be provided by D/B are generally to be performed in three
"Phases"; the services to be provided in each Phase are specified elsewhere in this
J:\8rianW\SCADA\SCADA Design Build Contract.doc Page 1 of 51
b~1
Agreement. The services provided by the D/B shall include, but not be limited to, all
services outlined and described in this document and exhibits.
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
$335,OOO.00(Exhibits 3). At 90% complete construction documents
a GMP will be established pursuant to Section 13 ofthis agreement,
which will include, but not limited to, the cost for all labor, equipment,
and material to design and build a fully functional SCADA system.
GMP shall not exceed $527,750. Any costs incurred by D/B in
excess of said GMP shall be the sale responsibility of the 0/8,
unless a change order is approved by the City pursuant to Sections
9 and 14 of this agreement. All funds remaining in the GMP at the
completion of the project shall belong to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in § 16.1) no later than
195 Working 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 225
Working 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 Project Schedule attached
as Exhibit 2;
J:\BrianW\SCADA\SCADA Design Build Contract. doc Page 2 of 51
fp ~.~
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 Project Schedule attached as (Exhibit 2);
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement. City does not warranty
to D/B the accuracy or completeness of any such information.
2.1.5 Cooperate with D/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
2.2 City Review Process. City shall review Design Development Drawings
(DDD's), 50% Construction Drawings (CD's), 90% CD's and 100% CD's which shall
allow construction of Project in conformity with the Vendor Proposal (Exhibit 1) for
the Project.
2.2.1 For each D/B submission, City shall have twenty (20) 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;
J:\BrianWISCADA\SCADA Design Build Contract.doc Page 3 of 51
{e/?1
3.1.2 Design and construct the Project on time, consistent with time
frames set forth .in the Project Schedule, (Exhibit 2), and in such a
manner that the GMP or Contract Time ot the Project shall not be
exceeded, but if D/8 reasonably believes that any action, inaction,
decision or direction by City or agent tor the City will likely result in
the GMP or Contract Time being exceeded or the Project being
completed late, D/8 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/8 shall provide complete and
accurate pricing within ten (10) calendar days of said discovery.
3.1.3 Perform, or obtain the prior written consent of the City to subcontract
all design services for the Project utilizing qualified, licensed and
sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants") as identified in
Exhibit 4. D/B shall not be permitted to substitute any Design
Consultant unless authorized by City. The fact that the City approves
the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under this Agreement;
3.1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State license
Board or other required agency;
,
3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Comply with the Califomia 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, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Governmental
Requirements") existing as ofthe date ofthis Agreement. However,
the City recognizes that Governmental Requirements and their
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 4 of 51
(p -/0
interpretations by governmental officials ("Code Authority") are often
subject to change at any time, even after issuance of a building
permit. If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 14. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
Project at its own expense where D/B has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Agreement.
3.1.8 Take all reasonable steps during the course of the Project so as not to
interfere with the ongoing operation of the adjacent residences,
businesses and facilities, including but not limited to the following:
3.1.8.1 Not interfere with pedestrian and vehicular access;
3.1.8.2 Control dust and noise in accordance with the provisions in
Section 7 -8.1 of the 2000 Edition of the Standard
Specifications for Public Works Construction, City
Ordinances and this Agreement
3.1.9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Project Site. If D/B
causes damage to any of this property, O/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 Intentionally Blank
3.1.12 Seek and obtain written approval from the City of the drawings for
each ofthefollowing phases: (1) ODD (2) 50% CD's (3) 90% CD's
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 5 of 51
(p ,/1
and (4) 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 ODD's, 50% CD's, and 90% CD's. Provide final cost
estimate, in four copies, to the City with Final Construction
Documents.
3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, D/B shall perform said investigations. The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 13.
3.1.15 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions beyond the standard of care
defined in Section 3.3 by D/B or D/B's agents, employees, design
consultants and contractors; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP or Contract Time.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within five (5)
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.
J:\BrianW\SCADA\SCADA Design Build Contract doc Page 6 of 51
/pr
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 14. If
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.14.
3.3 D/B shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations. Compliance with this section by D/B shall not in
any way excuse or limit D/B's obligations to fully comply with all other terms in this'
Agreement.
3.3.1 D/B warrants that at least one member of the D/B team shall be
licensed by the California Contractor's State License Board as a
General Electrical Contractor C-10. 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, throughout all phases ofthe Project hereunder, the
individual project manager, shall be as reflected in the Vendor
Proposal (Exhibit 1). So long as the Individual Project Manager
remain in the employ of the General Contractor and Architect, such
person 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 ofthe City. Any violation ofthe terms and provisions of this
Section shall constitute a Material Default.
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 7 of 51
#/3
3.3.3 City Rightto Remove Project Manager. Notwithstanding the foregoing
provisions of Section 3.3, if the Individual Project Manager, proves not
to be satisfactory to the City, upon written notice from the City to the
General Contractor, such person or person shall be promptly replaced
by a person who is acceptable to the City in accordance with the
procedures set forth below.
3.3.4 Replacement Selection of Project Manager. Within five (5) working
days after receipt of a notice from the City requesting the replacement
of any Individual Project Manager, or promptly following the discovery
by the Design Build Team that any Individual Project Manager is
leaving the employ ofthe General Contractor, as the case may be, the
replacemenUsubstitution (together with such person's resume and
other information regarding such person's experience and
qualifications) for approval by City. The replacemenUsubstitution shall
commence work on the Project no later than five (5) calendar days
following the City's approval of such replacement, which approval
shall not be unreasonably withheld. In the event that the City and
Design Build Team cannot agree as to the substitution of replacement
of the Individual, the City shall be entitled to terminate this Agreement
for cause.
3.4 DIB shall cooperate with City in obtaining Environmental approvals andlor
permits.
3.5 DIB 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 withoutthe
written authorization of City Representative shall be borne exclusively by D/B and
not be grounds for an increase in GMP or Contract Time unless necessary to protect
public health, safety or property.
3.6 D/B team is to provide progress photographs taken at regular intervals
throughout the Project. Photographic documentation shall depict an overview of
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmitted to the City monthly. The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
Section 4: Work Restriction and BiddinQ ReQuirement
J:\BrìanW\SCADA\SCADA Design Build Contractdoc Page 8 of 51
!P tf
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/Bls own name, with the bidder who in
D/B's discretion best meets the monetary, time, and performance requirement of the
Project. D/B is required to submit a summary of bid results for each bid package.
D/B shall be responsible for ensuring that these contracts fully comply with all
applicable local, state and federal laws, some but not all of which are listed below.
4.2 D/B shall hear and decide bid protests and shall develop and maintain bid
protest procedures for that purpose. City shall be timely informed of all bid protests
(prior to resolution) and the outcome of said protests
Section 5: D/B's Phase I Services and ObliQations - DesiQn Development
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Continue to develop and refine project requirements and review such
requirements with the City.
5.2 D/B's services in Phase I shall include design development and project
implementation goals and strategies. This shall include all drawings, Plans,
schematics for a SCADA system consistent with the RFP and Vendor Proposal.
It shall include developing goals and strategies for constructing and making the
system operational in the contract time allotted.
5.3 Perform Radio Study to ensure proposed system is viable and operable. This
shall include but is not limited to a radio study ensuring not only the feasibility but
that any and all radios utilized in the system will communicate without disruption
or interference from any other sources.
5.4 Technical and Electrical Design Specification which shall be included in the
50% Construction Drawings Submittal.
5.4.1 All other technical drawings, schedules, diagrams and specifications,
to set forth in detail the requirements for construction of the Project
include, without limitation, the following:
5.4.1.1.1 Electrical plans and details;
5.4.1.1.2 Technical specifications;
5.4.1.1.3 Include documents customarily required to obtain
regulatory agency approvals;
J:\BrianW\SCADA\SCADA Design Build Contract doc Page 9 of 51
¿'ø?
5.5 Prepare and submit to City detailed cost estimates. The ODD's will show the
planned hardware configurations and their corresponding communication profiles.
5.6 Submit completed ODD to City. Obtain comments from City and make
revisions to DDD as required. Obtain written approval or conditional approval from
City to proceed to Phase II Services. If conditional approval granted, D/B shall
address all City comments or issues in the next set of drawings developed. City
retains the right to withhold approval and require resubmittal of the ODD. 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 Services and Obliqations - Construction Documents:
6.1 D/B's services 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;
6.2 Design Specification/Submittal Workshop 90%. Comments and revisions to
designs, schematics and specifications by City to D/B in a group meeting
with all interested parties present prior to D/B's final submission. This group
will meet to finalize the D/B's plans and designs to the satisfaction of the City.
6.2.1 The 90% CD Submittal Shall Include technical electrical schematics
plans and details, including:
6.2.1.1 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.2.1.1.1 Servers
6.2.1.1.2 Workstations
6.2.1.1.3 Remote Telemetry Units (RTU's)
6.2.1.1.4 Radios
6.2.1.1.5 Antennas
6.2.1.1.6 And any other sensors, surge protectors,
connectors, and, cabling necessary to make a fully
Functional SCADA system
J:\BrianW\SCADA\SCADA Design Build Contract doc Page 10 of 51
~/p
6.2.2.2 Single . line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment layouts.
6.2.2.3 Required space requirements for the equipment, required
chases and clearances, acoustical and vibrations control,
visual impacts and energy conservation measures.
6.2.2.4 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.2.2.5 Criteria for electrical, communications, the approximate
sizes and capacities of major components transformers-
panels-switch gears;
6.2.1.2 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.3 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased
construction of the Project.
6.4 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, all of which shall conform
with the dates of Substantial Completion and Final Completion of Project.
6.5 Review as needed the CD's with any the governmental authorities having
jurisdiction over the Project.
6.6 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:
6.6.1 An itemized cost breakdown estimate;
6.6.2 A list of recommended revisions which D/B believes will
bring Project within the GMP;
6.6.3 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.
J:\BrianW\SCADA\SCADA Design Build Contractdoc Page 11 of 51
./1
6.6.4 Provide a master accounting system and matrix on
Microsoft Excel that will be updated I expanded and
provided to the City monthly as the Project develops.
6.7 As applies to this project D/B shall utilize 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 ofthe Chula Vista Construction Standards, the City's facility program,
performance and design criteria, concept drawings, and reports incorporated
herein by reference, DB shall:
6.7.1 Prepare construction drawings, and specifications suitable for
obtaining; City-approved permits, and to allow construction.
Preparation of technical materials and equipment specifications for
pre-purchase will be the responsibility of the DB.
6.7.2 Submit Construction Documents to the City for plan check, and
make any changes therein as may be lawfully required. Obtain
general building permit and all ancillary permits and licenses,
including but not limited to, demolition permits, improvement
permits and grading permits.
6.7.3 Complete the design for all elements of the Project, including, but
not limited to: civil, structural, architectural, mechanical, electrical,
landscape, and specialty consulting areas.
6.7.4 Evaluate alternative structural and construction approaches to
ensure economical designs, which optimize constructability yet,
meet, all codes, architectural concepts, schematic designs, and
standard specifications ofthe Project. Design and construction shall
also meet all ADA requirements.
6.7.5 Furnish support to a City constructability review team at the 50%
and 90% percent design completion stage. Incorporate the results
of this review into the design.
6.7.6 Provide updated construction cost estimates at durations specified in
this agreement to support Value Engineering (VE) and
constructability reviews.
6.7.7 Provide additional site surveys and geotechnical investigations to the
extent the DB determines they are necessary for final design. The
J:\BrianW\SCADA\SCADA Design Build Contractdoc Page 12 of 51
(p/ /~
survey information provided by the City is preliminary in nature and
may not have sufficient accuracy or scope to support final design.
6.8 Design and Specification Approval
6.8.1 City shall Provide written acceptance of designs, specifications and
plans to D/B Prior to commencement of Phase II.
6.9 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
6.10 Intentionally Blank
6.11 Intentionally Blank
6.12 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost ofthe Project is likely to exceed the GMP or Contract Time and include
in said notice:
6.12.1 An itemized cost breakdown estimate;
6.12.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6.12.3 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.
6.12.4 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.
6.13 D/B shall develop and implement Project Management Plan and Procedures
including:
6.13.1 Project status reports
6.13.2 Coordinationlinterface with the City and its other
cons u Ita ntsl contra ctors
6.13.3 Initial Design kickoff meeting to be held no later than five (5)
working days from the Effective Date of Agreement.
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 13 of 51
~-Iq
6.13.4 Biweekly Design and Construction meetings
6.13.5 Interface and communications with other agencies
6.13.6 Vendors and subcontractors management
6.13.7 Document control
6.13.8 Schedule and budget control
6.13.9 Quality assurance and quality control
6.13.10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
6.14 Submit and obtain approval from City of Phase I 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 II.
6.15 City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase II 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. However, absent such written agreement, D/B shall not proceed with
any Phase II services until the City issues a written Notice to Proceed with
Phase II.
6.16 Present to the City for approval the following: 100% CD's, Management and
Implementation Plan, DCS.
6.16.1 Upon presentation by D/B to the City of the items specified in
Section 6.16, the City may:
6.16.1.1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6.16.1.2 Determine not to proceed with the Project and terminate
this Agreement in accordance with Section 26.3 of this
Agreement; or
6.16.1.3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to Section 6.9 which does not conform to
previously approved direction of City any delay or additional
costs resulting from the resubmittal shall be borne
J:\BrianW\SCADA\SCADA Design Build Contract. doc Page 14 of 51
W/f
exclusively by D/B and not to be grounds for an increase in
the GMP or Contract Time.
Section 7: D/B's Phase 1\ Services: Construction Administration:
7.1 After City formally approves any required cost estimates, 100% Construction
Documents and DCS, City shall issue to DIB a written Notice to Proceed with
Phase 1\ Services. The DIB 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 prog ram, schematic desig nand
the performance criteria. The D/B's Phase 1\ m-Services shall include but are
not limited to:
7.1.1 Prepare and submit to City for review separate bid packages as DIB
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 Intentionally Blank
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;
J:\BrianW\SCADAISCADA Design Build Contractdoc Page 15 of 51
(p .& ¡¡^'
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, DfB shall be
responsible for such loss unless such information is promptly given
to the City in writing.
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Prior
to Final Completion, D/B shall cause to be removed from and about
the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
J:\BrianW\SCADA\SCADA Design Build Contractdoc Page 16 of 51
¡} , Jr7
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 II,
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,
maintenancel service contracts, and maintenance and operating
manuals;
7.1.24 Inspect the Project during the two-year general warranty period as
described in the RFP (Exhibit 6) and the Vendor Proposal (Exhibit
1), identify items requiring repair, and oversee those repairs.
Inspect the each component at 360 and 720 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
J:\BrianW\SCADA\SCADA Design Build Contract. doc Page 17 of 51
It/;)}
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
construction drawings, from the City and extending through issuance
of Notice of Completion and Acceptance. City staff will perform
inspections to verify compliance with the plans, specifications and
contract documents.
7.1.32 The DB resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents.
7.1.33 The DB is responsible for the design, construction and all contract
administration services during the construction of the Project in
accordance with all applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with DisabilitiesAct
[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 provid~ surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
building inspections. DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
7.1.35 The DB shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation.
7.1.36 The DB shall implement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
J:\BrianW\SCADA\SCADA Design Build Contract doc Page 18 of 51
b/ ;; 'Í
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 Prepare Operations Manual.
7.2 Unless the DIB receives the City's prior approval to substitute equal or better
quality materials, the DIB 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: DIB's Phase III Services and Obliç¡ations: OperationlStartup 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.
8.1.5 The DB shall report to the City all guarantee/warranty disputes. The
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute.
Section 9: Additional Services
9.1 City will have the right to direct DIB to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9.4. The
City may propose changes to the Work of a subcontractor after the bid has been
awarded. In the event of a change of this nature, D/B will estimate the cost of the
Change Order, assist City in developing drawings and specifications as necessary,
solicit a revised bid, negotiate with the subcontractor, present a recommendation for
a Change Order to City, and implement construction as approved by City.
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 19 of 51
(p / ;; £;'
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably neCèssary costs of the Project, D/B shall be paid the D/B
fee of 3.75% of hard construction costs, 0.80% of hard construction cost for bonding
and actual costs for liability insurance for the additional services.
9.3 For additional services, which result in an extension of the Substantial
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 ole 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 and payment bond shall be in the an amount of
100% of the Hard Construction Costs.
10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement and which also satisfy the requirements stated in Section 995.660 of the
Code of Civil Procedure, except as provided otherwise by laws or regulations. All
bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) days thereafter substitute another bond
and surety, which must be acceptable to City.
J:\BrianW\SCADA\SCADA Design Build Contract doc Page 20 of 51
Section 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit O/B's
indemnity obligations contained in this Agreement.
11.2 O/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 0/8, his agents,
representatives, employees or subconsultants. All subconsultants shall be required
to comply with the applicable insurance provisions. The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract.
11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
11.3.1.3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
11.3.1.4 Errors and Omissions Insurance.
11.4. Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
J:\BrianW\SCADA\SCADA Design Build Conlract.doc Page 21 of 51
(p -'d- 7
11 .4.1.1 General $1,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations, Liability Insurance or other
products and
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:
11.5 Deductibles and Self-Insured Retentions
11.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
11.6 Other Insurance Provisions
11.6.1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds using ISO Form
CG 2010 or its equivalent, with respect to liability arising
out of work or operations performed by or on behalf of the
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 22 of 51
10*
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
the insurance and project, including but not limited to claims, audit, payroll,
insurance records and safety. Delays in reporting information to the City may result
in delays in progress payments to the D/B.
J:\BrianW\SCADA\SCADA Design Build Contract. doc Page 23 of 51
/p --;) 1
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 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.
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 reinspections. The
City shall either perform said inspection services with its own forces or contract with
third parties. It shall be the responsibility of D/B, however, to call for, coordinate and
schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at
reasonable times for this observation, inspecting and testing. D/B shall provide
them proper and safe conditions for such access and advise them of D/B's safety
procedures and programs so that they may comply.
12.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the
requirements of the Construction Documents or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 24 of 51
&. :5
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 perfoffil the Work in accordance with the
Construction Documents. D/B shall give City timely notice of readiness ofthe 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 ofthe entire Project as specified in the 90% CD's; provided
that:
.
13.1.1 The GMP shall not exceed $527,750.00 and include within said
GMP shall be no more than $335,000.00 for Design Services and
General Conditions as previously identified in Section 1.3.1 of this
ag reement.
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 0 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 10%
of the Hard Construction Costs.
13.1.3 All Hard Construction Costs included in the GMP are for direct
Construction costs incurred in performing the work, including taxes,
delivery and installation. City shall reimburse D/B for the exact
amount of subcontract, self preformed work or invoice amount. No
additional D/B markup, handling fees, overhead, or other charges
are to be added or paid except as otherwise set forth in this
agreement. Upon Final Completion of the Project, any amount of
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 25 of 51
~-31
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 not to exceed
$527,750 GMP shall include within said $527,750. Said $335,000.00.00 for General
Conditions and Design Services shall not be exceeded unless additional services
are requested pursuant to § 7 above or a change order issued pursuant to § 14.
Unless otherwise expressly provided in this Agreement, D/B GMP shall include full
compensation for all costs of any type incurred by D/B in performing all services and
obligations under this Agreement, including but not limited to the following:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acous~ical, 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
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 26 of 51
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% ofthe fair market value of anyone
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
Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: Chanoe 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:
J:\BrianW\SCADA\SCADA Design Build Contract doc Page 27 of 51
6,-33
14.2.1 Upon the OCCl,Irrence of any event that gives rise to a Change Order,
D/B shall give the City notice ofthe 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 andlor 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 andlor 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 andlor Contract Time.
14.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the D/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. D/B shall not have the right to stop or
delay in the prosecution of any services orwork, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, D/B shall continue diligently
prosecuting all such services and work.
14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 15: Payment Terms
J:\BrianW\SCAOA\SCADA Design Build Conlract.doc Page 28 of 51
.,. if
15.1 D/B shall submit certificate and application for payment to the City for Phase
I, II, and III services as follows:
15.1.1 Phase I - Design Services
15.1.2 $83,750.00, Upon completion of Development and Implementation
Project Management Plan and Procedures & Radio Survey
15.1.3 $83,750.00, Design Specification Submittal 50%
15.1.4 $83,750.00, Design Specification Review 90%
15.1.5 $83,750.00, Final Design Specification Approval
15.1.6 In the event City solicits and/or approves Design Documents that
materially differ from the Designs called for in the RFP,
compensation shall be set pursuant to provision for additional
services set forth in Sections 9 and 14.
15.1.7 Total $335,000.00
15.2 Phase II - Construction Services
15.2.1 $17,950.00, Procure materials & equipment
15.2.2 $38,687.50, Stage factory acceptance test
15.2.3 $23,212.50, Installation of master station equipment
15.2.4 $52,900.00, Installation of site equipment
15.2.5 Total $132,750.00
15.3 Phase III - Operation / Start-up services
15.3.1 $12,000.00, Provide system documentation
15.3.2 $15,000.00, Provide system training
15.3.3 $21,000.00, Perform site acceptance & performance testing
15.3.4 $6,000.00, Remove existing tone equipment
15.3.5 $6,000.00, Final completion
J:\BrianWISCADAISCADA Design Build Contract.doc Page 29 of 51
{p-ø 35
15.3.6 Total, Phase III $60,000.00
Total Compensation (GMP) $527,750.00
15.4 D/B shall provide all services for the GMP. D/B shall submit certificate and
application for payment to City on a monthly basis. The monthly payment application
shall be based upon the percentage of completion of the Schedule of Values plus
any Reimbursable Costs, less any payments previously made by the City and
subject to the receipt of unconditional lien releases for all prior payments and if the
invoiced amount is not disputed by City, it shall pay D/B ninety percent (90%) of
payment application based upon the percentage complete of the Schedule of Values
and 100% of the reimbursable costs within thirty (30) days after receipt of the fully
documented invoice. City will withhold the remaining 10% as security for D/B's full
performance.
15.5 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, O/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.
15.6 O/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include
with each monthly application for payment an itemization of all Hard Construction
Costs actually incurred by O/B during the previQus month.
15.7 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by O/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 O/B's full performance.
15.8 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
O/B. Final Payment will be made thirty-five (35) days after Final Completion.
15.9 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.
15.10 In lieu of withholding retention under this Agreement, at the election of O/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.
J:IBrianWISCADAISCADA Design Build Contractdoc Page 30 of 51
~ø3~
Section 16: Project Completion
16.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on the Project is sufficiently complete in accordance with the
Construction Documents so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided
under the terms and conditions of the Construction Documents are in place and
have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punchlist Work.
16.2 Final Completion shall be deemed to occur on the last of the following events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the
Project by the City; (3) issuance of a final Certificate of Occupancy for the Project;
(4) submission of all documents required to be supplied by DIB to City under this
Agreement, including but not limited to As-Built Drawings, warranties, and operating
manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B.
16.3 D/B shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the
Construction Documents, all applicable building codes and regulations, all permits,
licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
16.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy
of reproducible drawings. As-Built Drawings are to be accurate and legible records
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
listed in the Project Schedule (Exhibit 2).
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 31 of 51
~ 37
17.4 Further, an extension in Contract Time will not be granted unless D/B can
demonstrate through an analysis of the Project Schedule that the increases in the
time to perform or complete the Project, or specified part of the Project, beyond the
corresponding Contract Time arise from unforeseeable causes beyond the control
and without the fault or negligence of D/B, its Design Consultants, and
subcontractors or suppliers, and that such causes in fact lead to performance or
completion of the Project, or specified part in question, beyond the corresponding
Contract Time, despite D/B's reasonable and diligent actions to guard against those
effects.
17.5 D/B carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants,
or subcontractor or supplier shall be deemed to be delays within the control of D/B.
No time extension will be allowed for such delays. An increase in Contract Time
does not necessarily mean that D/B is due an increase in the GMP.
Section 18: Late Completion
18.1 City and D/B recognize that time is ofthe 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): $1 00 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial
Completion is achieved pursuant to Section 16.
Section 19: RiQht to Modify Work
19.1 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 O/B. D/B will be required to respond within the time indicated by City.
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 32 of 51
:g
Seqtion 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 ofthe City's work
as fit and timely for integration with D/B's Work except for latent defects and
deficiencies in the City's work for which D/B will not be responsible.
21.3 If D/B or any person or entity working for D/B causes damage to theCity's or
City Contractor's work, property, or person, or if any claim arising out of D/B's
performance ofthe Project by any other contractor is made against D/B, by City, any
other contractor, or any other person, D/B shall promptly repair andlor 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 two (2) 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.
J:\BrianW\SCADA\SCADA Design Build Contractdoc Page 33 of 51
(,,#31
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 0/8 is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected or the defective work removed and replaced.
In that event, D/B shall not be allowed to recover any associated costs, and D/B
shall reimburse City for all direct, and indirect costs of City, and City shall be entitled
to an appropriate decrease in the GMP, to withhold a setoff against amount
recommended for payment, or make a claim on D/B's bond if D/B has been paid in
full.
22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
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
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 34 of 51
e,
Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before
taking possession of or using any Work, City shall furnish D/B a list of items of Work
remaining to be performed or corrected on those portions of the Work that City
intends to take possession of or use. However, failure of City to list any item of
Work shall not relieve D/B of responsibility for complying with the terms of this
Agreement. City's possession or use shall not be deemed an acceptance of any
Work under this Agreement, nor relieve the D/B of any of its obligations under this
Agreement.
23.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to D/B, an equitable adjustment shall be made in the GMP or the
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assiçmabilitv
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 "Indemnitees"), 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
J:\BrianWISCADAISCADA Design Build Contractdoc Page 35 of 51
tJ;~41
coverage provided for in the. professional liability insurance policy. If City is fully
reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall
have no further obligation for such loss.
25.2 D/B's obligation to indemnify under section 25.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, to the extent that such is the result of the active negligence or the willful
misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not
covered by the insurance to be provided on the Project, shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, or causes of actions, to the extent that such are caused by the active
negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed
officers, employees, agents and consultants from and against any and all claims,
suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and
defense costs, resulting or accruing to any and all persons, firms, and any other
legal entity, caused by, arising out of or in any way connected with the handling,
removal, abatement, capping, migration (after handling, removal, abatement or
capping) of, or disposal of any asbestos or hazardous or toxic substances, products
or materials that exist on, about or adjacent to the jobsite, whether liability arises
under breach of contract or warranty, tort, including negligence, strict liability or
statutory liability or any other cause of action. Ole's obligation regarding asbestos
or hazardous or toxic substances, products or materials shall be limited to the
proper removal within the Project boundaries and the proper disposal of such
materials.
Section 26: Riqht to Terminate and Suspend Work
26.1 Archaeoloqical and Paleontoloçlical 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 Aqreement by City for Cause. If, through any cause, D/B shall
fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
if D/B shall violate any of the covenants, agreements or stipulations of this
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 36 of 51
(p~
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, atthe option of the City, become the property of the City, and
D/B shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed amounts payable hereunder, and less
any damages caused by D/B's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Riç¡hts 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 pocumen1§_B.~!mi.QgJo TerminatlQn. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated portion of this
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 37 of 51
G> '13
Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/8's costs and expenses
under this Agreement. D/B shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
26.4 Upon receipt of the Notice of Termination, D/B shall take any action that may
be necessary, or that the City Manager may direct, for the protection and
preservation of the property related to this Agreement that is in the possession of
D/B and in which City has or may acquire an interest.
26.5 Payment to 0/8 Due to Termination - 0/8 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. Iftermination occurs during Phase I, II, or
III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV D/B Fixed Fee, except for Phase IV D/B fixed fee
proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to AQree on Payment - If D/B and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
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;
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 38 of 51
¿;ø
26.6.4 D/B and Design Subcontractor services through the date of
termination shall be paid based on actual time spent as documented
on timecards. Expenses shall be paid based on invoice and receipts
provided by D/B;
26.6.5 Under no circumstances will D/B be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If D/B does not agree that the amount determined by the City Manager is fair
and reasonable and if D/B gives notice of such disagreement to City within thirty
(30) days of receipt of payment, then the amount due shall be as later determined
pursuant to the Dispute Resolution procedures in Section 33.
26.8 Payment for Property Destroyed. Lost. Stolen or Damaged - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exclude
from the amounts payable to D/B under this Section, the fair value, as determined
by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
26.9 Deductions - In arriving at the amount due D/B under this section, there shall
be deducted:
26.9.1 Any claim which City has against D/B under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by D/B or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of AQreement by D/B
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 ofthis Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 10-day period City
J:\BrianW\SCADA\SCADA Design Build Contract. doc Page 39 of 51
"'°
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall have no claims against
City except for those claims specifically enumerated in Section 26.9,
herein, and as determined in accordance with the requirements of
said Section.
Section 27: Independent Contractor
27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer
or employee of City. Except as expressly provided in this Agreement, City assumes
no liability for D/B's actions and performance; in particular, but without limitation,
City assumes no responsibility for paying any taxes, bonds, payments or other
commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware
that because it is an independent contractor, City is making no deductions from the
fees for services being paid to D/B and that City is not contributing to any fund on
the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits.
Section 28: Independent Judament
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. DIB 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 Accountina
,
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
J:\BrianW\SCADA\SCADA Design Build Contract. doc Page 40 of 51
d,"i~
other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Section 31: Force Majeure
31.1 Any party to this Agreement may be excused for any delay or failure to
perform its duties and obligations under this Agreement, except for obligations to
pay money, but only to the extent that such failure or delay is caused by an Event of
Force Majeure as set forth in section 31.2. If an Event of Force Majeure set forth in
section 31.2 causes a delay or failure in performance of only a portion of the
obligations of a Party under this Agreement, then only that portion of performance
which was delayed or prevented by such cause shall be deemed excused, and the
performance of all other obligations of a Party not so delayed shall not be excused
by an Event of Force Majeure. Delay or failure in performance of all other
obligations of a Party not so delayed shall not be excused by such Event of Force
Majeure. Delay or failure in performance by a Party which is the result of an Event
of Force Majeure set forth in section 31.2 shall be deemed excused for a period no
longer than the delay or failure in performance caused by such Event.
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:\BrianW\SCADA\SCADA Design Build Contract doc Page 41 of 51
~ 7
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 maìl, return receipt requested, postage prepaiq, addressed to the Party to
whom they are direçt:ed at the following addr~sses, or at such other addresses as
may be designated by notice from S4ch PartY:
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 42 of 51
&~¥g
(i) To CITY:
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5037
Fax: (619) 409-5823
Public Works Operations
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To 0/8:
Systems Integrated
8080 Oagget Street
San Diego, CA 92111
(858) 277-0700
Any notice, demand or other communication given or made solely by mail in the manner
prescribed in this Section shall be deemed to have been given and to be effective three (3)
days after the date of such mailing; provided, however, that any notice, demand or other
communication which would otherwise be deemed to have been given on a day which is
not a working day shall be deemed to have been given on the next subsequent working
day.
Section 35: Miscellaneous Terms
35.1 Representations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own
judgment, belief and knowledge of the nature, extent, effect and consequence
relating thereto. Each Party further declares and represents that this Agreement is
being made without reliance upon any statement or representation of any other
Party not contained herein, or any representative, agent or attorney of any other
Party.
35.2 Severability: If any term or condition ofthis Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be
enforceable to the fullest extent permitted by law.
35.3 Entire AQreement: This Agreement contains the entire agreement, between
the Parties and supersedes all prior negotiations, discussions, obligations and rights
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 43 of 51
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 HeadinQs: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be
interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
35.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional qgreements and instruments as the other
may reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
35.11 Counterparts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together srall constitute one and the same
instrument. Th~ facsimile signatures pf the Parties shall be deemed to constitute
original signatt, res, and facsimile copies hereof shall be deemed to constitute
dupticate original counterparts.
J:\Brian\MSCADA\SCADA Design Build Contract doc Page 44 of 51
",.
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:\BrianW\SCADA\SCADA Design Build Contract.doc Page 45 of 51
(p
SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA Company Name
,
By: By:
Stephen C. Padilla, Mayor
ATTEST:
Susan ßigêlow, City Clerk
Approved as to form by
Ann Moore, City Attorney
-
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 46 of 51
"""-
:>~
GLOSSARY OF TERMS
J:\BrianW\SCADA\SCADA Design Build Contract.doc Page 47 of 51
~ 53
GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined terms
used in the Agreement and Supplementary Conditions. In the event of any conflict between the
following and the definitions set forth in the Agreement, those in the Agreement and
Supplementary Conditions shall take preference.
Additional Services. Services which the City has authorized the D/8 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
0/8.
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 1.3.2 of the
Agreement.
Change Order. A written amendment to the Agreement executed by City and DIB
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. Brian Walther shall be the initial City Representative. The City
Manager will notify D/B in writing of the name of any successor City Representative and DIB
shall be entitled to rely upon the directions of the current City Representative until receipt of said
written notice. The City Representative shall act on behalf of the City with respect to this.
Agreement unless the Agreement provides otherwise. D/B shall not make any modifications to .
the Project unless directed by the designated City representative.
Construction Documents. DIB'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.
/ 'f
~.f7
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 ole.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or DIe 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 ole; but not including (1) Hard Construction Costs, and (2) Reimbursable Costs, (3)
OIB 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 DIe 35 days after date of Final Completion as set forth in
Section 15.8.
Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein "GMpn)
which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee as set forth in
the Design Build Contract, Section 13 for the complete design and construction of the entire
Project as specified.
(p
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a Contingency
Fund, as set forth in of Exhibit 3 Payment Schedule; 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 Systems
Integrated LLC., ("0/8").
Phase I. Phase I shall consist of all services and events described or implied in Section
5 of the Agreement, including but not limited to preparation of schematic design documents, and
cost estimates.
Phase II. Phase II shall consist of all services and events described or implied in Section
6 of the Agreement, including but not limited to the preparation of Design Development
Documents, outline specifications and cost estimates.
Phase III. Phase III shall consist of all services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 1 00% Construction
Documents, Master Construction Schedule, preparation of GMP Finalized Management and
Implementation Plan and determination of need for and conducting of additional subsurface
investigation.
Phase IV (if applicable). Phase IV shall consist of all services and events described or
implied in Section 8 of the Agreement, including but not limited to conducting competitive
bidding for the Work, and the construction and completion of the Project.
øÞ ~
Project. The design and construction of a completed and fully functional SCADA System
and on and off site improvements as more fully described in the RFP and Vendor Proposal.
Project Budget. The amount of money authorized by the Chula Vista City Council to be
expended on this Project, including the GMP, Reimbursable Costs and all other City costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement as
shown in the Construction Documents.
Reimbursable Costs. Includes the premiums for Performance Bond and Payment Bond
furnished by D/B pursuant to Section 8 of the Agreement, the net premiums (less any premium
returns) for the insurance, including costs for insurance brokers. deductibles, Safety Program
and consultants which D/B is required to purchase and maintain pursuant to Section 9 of the
Agreement, the cost of all necessary permits obtained by DfB for the Project pursuant to Section
3.1.10 of the Agreement, the costs of subsurface investigations performed pursuant to Section
3.1.14 of the Agreement, costs for extension of warranties pursuant to Section 20 of the
Agreement, and Safety Program pursuant to Section 9 of the Agreement.
SCADA System. A series of computers, radios, telemetry units, incorporated into a
system to allow for the alarming, control, and monitoring of facilities and equipment it is attached
to.
Small Tools. Mobile items less than $1500 in total value.
Substantial Completion. The date on which (1) the progress of construction when all Work on
the Project is sufficiently complete in accordance with the Construction Documents so that City
can occupy and utilize the entire facility for activities and all goods and services to be provided
under the terms and conditions of the Construction Documents
<w' 7
EXHIBIT LIST (I-VI)
Exhibit I Vendor Proposal
Exhibit 2 Project Schedule
Exhibit 3 Payment Schedule
Exhibit 4 Design Consultants
Exhibit 5 Intentionally Blank
Exhibit 6 RFP
J:\BrianW\SCADA\SCADA Design Build Contract.doc
,, ?
EXHIBIT 1
J~\BrianW\SCADA\SCADA Design Build Contract.doc I
~~$1
EXHIBIT 2
J:\BrianW\SCADA\SCADA Design Build Contract doc II
f.pø.(pO
'" I I '! I j I I
o"u I I I Iii I ': '.
II!. a N[jJN ~ ~ ~ ~I ~1i~. ~i I~ ~~' <Oi1jo> -.J (J) jj <..ù I\) ~ 0
~~. N~O<OO>-.J(J)O1.þ.<..ùNI""'O
~~ .,_1. '-.. ,
8~ ~~~rnrn rnrn ~rnrnrnrn rn rnrnrnrnrn ~ CII
-0>
ês:
~~ ~
(J) en 0>
~ ~i~
( ) en en en z z
~ ~ ~ ~ ~ D>
£. !!I. ~ S' õ' - 3
( ) (J) "U "U ;u 0 "U en 5" 5" CD3 ." ." en "U G) "T1 "U 31D 0 "T1 0 0 ID "U 0 3 ( ) ::I ( )
a iiiaa(Þ:;T(Þmu>u> »D>iii~( ){!}a m='ïmm!ll( )(þ -fS'
~ ~ ~ ~ 3 £. ~o ~ iii iii c -f B ~ c8 ~ ~ n - - ~ - - ( ) ~o ~ Q 0 ~
~~9D> '==IIi»QQ)""'igC:::I~ ~~ -IX::I
~ ~Q) CD a <3-6 1J:!:"O-C-< en~ !!!.!!!.iDi::>~::S ::>~3.gcã4'::$.
~~~m~~enhm~å~~;u~~:!:~~m~~-;U1J::sgg
0 !!!. !!!. ~. 0> 15' ~ <If m 3 < 0 !I! -f '< ~ !!!. c: Õ 3 Õ Õ !!1 2l. .2. ~ !R
~!I! œ !!!. en ~ ~ ~ œ 3 C ø (þ 0 = ~ - 3 - Q) ~ a ~
Q)~3:'ï~~3!!!.(J)~ ~-Ul-íÐC¡¡¡'::I~oõ.:!IOOB II. c
"u(J)-f !!¡~O~íÐ5.'! ::!!¡... ~::> 3ß1¡¡;~!!!.œ!!!.~IJ:g>:!:¡ iii
a "C Ð: en ¡¡¡ g ë} 3 is !!. õ' ~ ~ g> 0 c: I/O ~ õ' cëï õ' õ' <is' ~ D> "2.
~ - ^ ~5'c:::»>iii a.::>¡ -f::S !!!.ü'mlJl::>::>::S::>::>~~ ~
m -~5'3CDo::> ~I/OIII mo D>3..aø» ~en ~ 3
II> ~ ( ) moo ;:0: CD 1/1 -. C' m c: "C 0 c: !I!
u> ::s ..a ~ CD 1J:;u - ~ ¡¡¡::!. ü' ~ ~. C' 3 CD
~ i E iii I/O 2l. ~ 0 (þ 3 i ~ i ~ a
D> _. "C ::> "U -. » I/O œ D> :;T D> -
::¡ g ~ &¡ ~ ~ .::! en::!. - .g - 3!
~ ::s °..a 0 D>
.:< - 3 5. ii ::>
D>"C::> I/O
::s 3 II> 1:)
&¡ ! ~
~ - &
!! c:
~. m
c
CD
2!.
4' g> ~ N2 CO
.2. 3 ¡¡¡- ..... ""'~<..ù~" NCÑCÑ.þ." ~ CÑ""'~CII N~ ~O
(þ 1/1 01 01 OOOON OI(J)OCl~O"" O1N -.JOIOICÐOO!!!. -::r
B 3 Õ ~ a. ~ a. ~ a. a. a. a. a. ~ a. a. a. a. a. a. a. ~ a. a. ~ a. a. a. a. 3 a.õ' IDc
en.!!::S a.D>a.o>a.O>O>D>D>.!1!a.O>D>O>D>O>DI.!1!a.DlDla.O>O>LIy.!1!g.!1!::S c-
1:) 3 (þ .!1!~.!1!~.!1!~~~~I11.!1!~~~~~~I11.!1!~~.!:!~~ÙI( U>( g:1»
8 3 enS
CD II> :!: -f -f -f -f -f -f ~ ~ -f -f -f -f -f -f s: s: -f ~ s: s: s: i: s:: 3: o=.
~ ~ "T1 0 "T1 "T1 :;T :J":;T :;T:;T:J" m m c: c: c: c: c: c: 0 0 :;T moo 0 0 0 0 ~m
::!.::S ~ ~ ceo c Ceo c: ~~( ) ( ) ( ) m ( ) CD:J::S c: o.::>:J::S::l::S::len
. ooooo""'~~"""""""""'~ooooooOOOO~~9~9- C
ð 5 S ð ð ~ ~ S S ~ 15 15 3 ~ ð 18 ~ ~ ~ ~ ð ð ~ i\3 ð â ð â~ »~
~ ~ (» -.J (J) ~ ~ ~ (» ~ ~ 0 ~ .þ. CÑ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ 01 ~ ~<
~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ õ
'-'--~-_. 0 ëiï
~ 0
0 -
I\)
0
CÑ
0
....
0
01
:? ~ ff :i~
g" 3 3 !::3ß
~ ~ ~ 0
š: ~ (»
=: 51 :õ
m i": ~
Õ v' 0
::s ~
( ) ~
9. N
0
....
..... "'" "'" """"" ..... ..... .....
~ ai yt~'
SiEf :\,~\~j"", ili~r ~ ~ ....
0
~
~
i ~ ~
N
. ... .............- ..~
tX;Z;; """" .... g
0= 0
... ...
i3 ~ i3
" ~ en
011
~ ~ I
EXHIBIT 3
J:\BrianW\SCADA\SCADA Design Build Contract.doc III
~@~~
Payment Schedule
EXHIBIT 3
This is the agreed payment schedule for the Supervisory Control And Data Acquisition (SCADA)
project, SW218. The City Shall require a 10% retention from each of the payments until the
satisfactory completion of the SCADA System.
Phase I - Design Services
$83,750.00, Upon completion of Development and Implementation Project
Management Plan and Procedures & Radio Survey
Minus $8,375.00 retention
$83,750.00, Design Specification Submittal 50%
Minus $8,375.00 retention
$83,750.00, Design Specification Review 90%
Minus $8,375.00 retention
$83,750.00, Final Design Specification Approval
Minus $8,375.00 retention
In the event City solicits and/or approves Design Documents that
materially differ from the Designs called for in the RFP, compensation shall
be set pursuant to provision for additional services set forth in Sections 9
and 14.
Total $335,000.00
Total retention Phase I $33,500.00
Phase II - Construction Services
$17,950.00, Procure materials & equipment
Minus $1,795.00 retention
$38,687.50, Stage factory acceptance test
Minus $3,869.00 retention
$23,212.50, Installation of master station equipment
Minus $2,321.00 retention
$52,900.00, Installation of site equipment
Minus $5,290.00 retention
Total $132,750.00
Total retention Phase II $13,775.00
J :\Brian W\SCADA \Payment Schedule.doc 1 &, ø tø3
Phase III - Operation / Start-up services
$12,000.00, Provide system documentation
Minus $1,200.00 retention
$15,000.00, Provide system training
Minus $1,500.00 retention
$21,000.00, Perform site acceptance & performance testing
Minus $2,100.00 retention
$6,000.00, Remove existing tone equipment
Minus $600.00 retention
$6,000.00, Final completion
Minus $600.00 retention
Total, Phase III $60,000.00
Total retention Phase III $6000.00
Total Compensation (GMP) $527,750.00
Total project retention $52,775.00
J :\Brian W\SCADA \Payment Schedule.doc 2 ",. 'I
EXHIBIT 4
J:\BrianW\SCADA\SCADA Design Build Contract doc IV
&wt;
PROJECT TEAM
. Exhibit 4
ORGANIZATION CHART
lar~ Pomatto Michelle Haman
Project Manager Submittals
Oliver Clark
Panel Design/OA
Nick Longfellow SYdney Campbell
Software Configuration RTU Programmer
Greg Cordey Sydney Campbell
Communications Engineer Reid Installation Supervisor
PERSONNEL ASSIGNMENT
Team Member Function
1. Project Manager Larry Pomatto
2. Project Engineer Tom Waldowski
3. Software Configuration Nick Longfellow
4. RTU Programmer Sydney Campbell
5. Commu~ications Greg Conley
Engineer
6. Designer Oliver Clark
7. 0 & M Documentation Michelle Haman
8. Submittal preparation Michelle Haman
9. Field supervision Sydney Campbell
10. Training Richard Coarsey
EXHIBIT 5
INTENTIONALL Y BLANK
J:\BrianW\SCADA\SCADA Design Build Contract.doc V
E.XHIBIT 6
J:\BrianW\SCADA\SCADA Design Build Contract.doc VI
&(,8
CITY OF CHULA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGN/BUILD SERVICES
FOR INSTALLATION OF A SUPERVISORY CONTROL AND DATA ACQUISITION
(SCADA) SYSTEM TO MONITOR PORTIONS OF THE CITY'S SEWER SYSTEM
CIP PROJECT NO. SW-218
ENGINEERING DIVISION
1800 Maxwell Road
Chula Vista, CA 91911
RFP Issued: ~
Pre..Proposal Conference Date: ~
Proposal Due Date: ~
"'~
Table of Contents
INTRODUCTION ...........................................................................................................2
CRITICAL DATES .........................................................................................................2
PROJECT DESCRIPTION ............................................................................................2
GENERAL OBLIGATIONS OF DBT ..............................................................................2
SCOPE OF WORK........................................................................................................4
INSURANCE REQUIREMENTS............................................... ............................ .........5
GMP AND CONTRACT TIME........................................................................................5
PROJECT COMPLETION .............................................................................................6
WARRANTIES AND GUARANTEES.............................................................................6
MAINTENANCE OF RECORDS AND ACCOUNTING ..................................................6
OWNERSHIP OF DOCUMENTS ..................................................................................7
R.FP REQUIREMENTS..................................................................................................7
General RFP Requirements: ........................................................""""""""""""""" 7
Contents: ....................................................................................................................8
Experience and Technical Competence: ....................................................................9
Proposed Method to Accomplish the Work: ...............................................................9
Project Organization and Key Personnel:...................................................................9
Financial Arrangements for DBT Members: .............................................................10
Exceptions to this RFP: ............................................................................................10
Addenda to this RFP: ...............................................................................................10
Minimum Contractor Qualifications:..........................................................................10
PUBLiC DISCLOSURE ...............................................................................................10
PROPOSAL SCHEDULE.............................................................................................11
PROPOSAL SELECTION PROCESS .........................................................................11
CONTRACT TERMS AND CONDITIONS ...................................................................12
,
CORPORATION CONTACT........................................................................................12
1
~&10
:;
REQUEST FOR PROPOSAL
DESIGN/BUILD SERVICES
INTRODUCTION
The City of Chula Vista (City) is circulating this Request for Proposal (RFP) to
Design/Build Teams (OBT) qualified to provide the City with, design services, engineering
services, construction management, and construction services/coordination for the
installation of a Supervisory Control and Data Acquisition (SCADA) system to monitor
portions of the City's sewer system. The OBT shall consist mainly of a General Contractor
and a Civil Engineering firm and can be led by either. All 08T members shall be
licensed/registered with the State of California. This RFP describes all the elements ofthe
project. the required scope of services , the designlbuild 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.
CRITICAL DATES
Optional pre-proposal conference date and time: Sa tember 2 2 at 10:00 a.m.
Location: Chula Vista Public Serv~Q, 276 EIDJ.rtf1 Avenue. Conference Boom 2 & 3
Submittal due date: S'Q~emÞe.r 20. 20..Q1
Attendance shall be at the OaT's sole expense.
P OJECT DESCRIPTION
Please see Attachments B, C and E for scope of work, project specifications and project
locations.
The services to be provided by OBT are generally to be performed in three "Phases",
Design, Construction, and Post Construction; the services to be provided in each Phase
are specified below in this RFP. The DBT shall perform all services, work and obligations
. as described herein for a Guaranteed Maximum Price ("GMP") which shall include Design
Services and all Hard Construction Costs necessary to provide a fully completed and
functional SCADA system including, but not limited to, the cost for all labor, equipment,
material, and the D/B Fixed Fee which includes fees and expenses of any type associated
with completing the Project, whether on"'slte or off-site, any reimbursable cost. 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 DeslgnlBuild (DIB) contract
to be executed with the OBT. A sample contract is enclosed as Attachment A.
OST shall be obligated as follows:
2
'1
. At all times in performing its services under this Agreement to design and
construct the best possible Project consistent with a standard of care that
satisfies the time, monetary, quality and design parameters set forth in this RFP
and subsequent D/B Contract.
. Design and construct the Project on time, consistent with time frames set forth in
the D/B Contract, and in such a manner that the GMP or Contract Time of the
Project shall not be exceeded, but if DIe 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, OBT 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.
. Perform, or obtain the prior written consent of the City to subcontract all design
services for the Project utitizing qualified, licensed and sufficiently experienced
architects, engineers and other professionals. DBT shall not be permitted to
substitute any Design Consultant unless authorized by City.
. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State license Board or other required
agency.
. Perform all services as expeditiously as is cç>nsistent with reasonable skill and
care and shall complete the services within each and all of the time periods set
forth in the D/B contract.
. 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.
. Study all applicable laws, codes, ordinances, rules, orders, regulations, and
statutes affecting the Project. OBT 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.
. To obtain all permits necessary to complete the. Project. DBT shall be
responsible for obtaining and paying for all permits normally obtained by the
trades or subcontractors.
3
7
. Seek and obtain written approval from the City of the drawings for each of the
project phases. Said approvals shall be evidenced by written notice to proceed
with the subsequent phase.
. Provide cost estimating and value engineering services, which takes into
consideration long-range maintenance costs, energy efficiency, and impacts on
operation of the Project. Provide cost estimate to the City with 100%
Construction Documents.
. OBT 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 DIB
contr~ct.
. OBT shall perform in a workmanlike 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.
. OaT warrants that at least one member of the DIe team shall be licensed by the
California Contractor's St~te Idcense ê.9.iY:Q as a General Building Contractor.
OBT 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" leaves 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.
. OBT agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to the 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 OBT and not be grounds for an Increase in GMP or Contract Time
unless necessary to protect public health, safety or property.
~
Services required of the OBT include those during design, construction, and post-
construction phases 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. Please
see Attachments B, C and E for a detailed description of the scope of work, project
specifications and project locations.
4
(pw 73
INSURANCE E IREMENT
The OBT 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 08T, his agents,
representatives, employees or sub-consultants. The maintenance of proper coverage is a
material element of the DIe 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.
Insurance coverage shall be at least as broad as:
. Insurance Services Office Commercial General Liability coverage,
including operations, products, and completed operations
(occurrence form CG 0001), $1M per occurrence.
. Insurance Services Office Form (GOO09 11 88 Owners and
Contractors Protective Liability Coverage Form-Coverage for
Operations of Designated Contractor), $1M per occurrence.
. Insurance Services Office Form Number CA 0001 covering
Automobile Liability, Code 1 (any auto), $1M per accident.
. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance, $1 M per accident.
. Course of Construction Insurance covering all risks of loss
(completed value of the project with no coinsurance penalty
provision).
. Errors and Omissions liability, $1 M per occurrence.
Said insurance shall be provided at the sole cost and expense of the firm selected, unless
the requirement is modified or waived by the City. The City reserves the right to modify
insurance limits during contract negotiations.
P AND CON
The OBT shall provide a Guaranteed Maximum Price to be presented on Attachment 0
and a Schedule of Rates for the principal firm and other firms. The schedule of rates shall
consist of a list of project staff by title (not name) with maximum hourly billing rates. All
direct costs, handling charges and profit/overhead shall be included in the hourly billing
rates provided. Standard reimbursable expenses should also be listed. The GMP and
Contract Time may only be changed with a written Change Order. Change Orders shall be
issued only under the following circumstances:
. The City directs OBT to perform AddItional Services.
. For reasons expressly provided in the D/B Contract.
5
(¡:, , 7 '/'
PROJECT COMPl~
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 system; Substantial Completion shall further
mean that all goods, services and systems to be provided under the terms and conditions
of the Construction Documents are in place and have been initially tested, and are
operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punch list Work.
Final Completion shall be deemed to occur on the last of the following events: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the
City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all
documents required to be supplied by DBT to City as outlined in the DIB 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.
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.
The DBT warrants and guarantees to City that materials and equipment incorporated into
the PrOject will be new unless otherwise specified and that all work will be in strict
accordance with the Construction Documents and will not be defective. All Defective Work,
whether or not in place, may be rejected, corrected, or accepted as reasonably directed by
City, provided 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. The City shall be the sole judge as to what constitutes "defective work".
The warranty period shall commence when the Certificate of Final Completion is issued
(irrespective of beneficial use by City prior to Final Completion) and extend one (1) year
after that date or whatever longer period may be prescribed by laws or regulations or by
the terms of any applicable special guarantee or specific provision of the Construction
Documents. The DIB contract will contain provisions addressing this Issue and steps to
correct defective work.
The DBT shall maintain, during the Project implementation time and for a period of three
(3) years after completion of the Project, accurate and organized records of all costs of any
6
~..
type and all services performed for the project. City will have the right at any time,
including during the performance of all Phases of the Project to audit and copy all such
records.
OWN
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for this project shalf 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 the express written consent of City.
City shall have unrestricted authority to publish, disclose (except as may be limited by the
provisions ofthe 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.
All OaTs are required to follow the format specified below. The content of the proposal
must be clear, concise, and complete. Each section of the proposal shalf be presented
according to the outline shown below to aid in expedient information retrieval (NOTE:
oaTs shall base their proposals on the "Scope of Work").
Ten (10) copies of the proposal shall be delivered no later than 2:00 P.M. on September
20, 2002, to:
City of Chula Vista
Department of Public WorksÆngineering Division
1800 Maxwell Road
Chula Vista, CA 91911
Attention: Mr. Cesar Magbuhat, Assistant Engineer"
Please note that copies received by FAX are not acceptable. Also note that Incomplete
proposals, incorrect information, or late submittals may be cause for immediate
disqualification. The City reserves the right to amend the RFP prior to the date that
proposals are due. Amendments to the RFP shall be mailed to all potential DBTs. The
City 'reserves the right to extend the date by which the proposals are due. There will be no
public bid opening.
General RFP Requirements:
1. The City desires to receive proposals from only qualified and
experienced DBTs who demonstrate significant knowledge of
design engineering and installation of SCADA systems.
7
(p ~ 7cP
2. The proposal should be concise, well organized and
demonstrate the OaT'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.
3. Proposals must be bound with a comb binder in a soft cover.
No hard cover or three ring binders will be accepted.
All proposals submitted in response to this RFP become the property ofthe City
and public records, and as such may be subject to public review. The response
shall contain all the other pertinent Information that is required to be submitted
with the proposal in the following order:
1. Description of insurance coverage for prime respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions, and
outstanding claims).
2. Provide a standard, "boiler-plate" list of general conditions that you plan to
utilize.
3. Description of in-house resources for prime respondent and co-venture
partner(s) (Le., computer capabilities,. software applications, modem
protocol, and modeling programs, etc.).
4. I ndicate if contractors self perform any work, if so, what trades. Also indicate
If contractors have any union signatory agreements.
5. DBTs should provide, on a strictly confidential basis, the following
information:
. Audited financial statements for the last three years
. List of projects completed in the last year
. List of projects currently under development, or construction with
status, development schedule and financial commitment
. list ofprojeots currently involved in litigation or unresolved claims for
the contractor.
Contents:
Proposals submitted in response to this RFP shall be in the following order and
shallinolude:
8
/p<Þ77
1. Executive Summary.
2. Include a one- to two-page overview describing the highlights
of the entire project.
3. Identification of each OBT member:
0 Legal name and address.
0 Legal form of company (partnership, corporation, joint
venture, etc.). If joint venture identify the members of
the joint venture and provide all information required
under this section for each member.
0 If company is wholly owned subsidiary of a "parent
company," identify the "parent company."
0 Addresses of offices located in San Diego County, if
any.
a Number of years that company has maintained office in
San Diego County.
a Number of employees in San Diego County.
0 City of Chula Vista Business License Number.
a Name, title, address and telephone number of person(s)
to be assigned to project.
0 Name, title, address and telephone number of person to
contact concerning the proposal.
Experience and Technical Competence:
Describe OaT's experience in completing similardesignlbuild 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.
Consideration may be given to firms who have worked together on similar
projects. Identify the specific projects and Include in your cnent references
where this team has worked together.
Proposed Method to Accomplish the Work:
Describe OBT'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.
Project Organization and Key Personnel:
9
(;ø
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 subconsultants. Indicate how
local firms are being utilized to ensure a strong understanding of local laws,
ordinances, regulations, policies, requirements, permitting, etc. Indicate extent
of commitment of key personnel for duration of project and furnish resumes of
key personnel. Provide indication of staffing level for the project. OBT's
evaluation will consider its entire team, therefore no changes in team
composition will be allowed without prior written approval of the City. Describe
OaT's capacity to perform the work within the time limitations, considering DBT's
current and planned workload and OaT's workforce.
Financial Arrangements for DBT Members:
If the OBT 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. OBT shall submit a team members'
list indicating scope of work, and approximate percentage of contract. Team
members must be named on said list ifthey receive more than $10,000 or more
than one-half of one percent (.5%) whichever is less. DBT shall also submit
commitment letters from said members on their letterhead, no more than one
page each, to acknowledge their commitment to the team, scope of work, and
percent of participation in the project.
Exceptions to this RFP:
The OBT shall certify that it takes no exceptions to this RFP. If the OaT 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.
Addenda to this RFP:
OBT 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.
Minimum Contractor Qualifications:
OBT submitting qualifications must include a contractor who possesses the
applicable California Contractor's license. OBT must also submit evidence of
being able to be bonded for such projects.
Under the California Public Records Act (California Government Code Section 6250 et
seq.) records in the custody of a public entity generally have to be disclosed untess the
10
t,,77
information being sought falls into one or more of the exemptions to disclosure set out in
Government Code Sections 6254 through 6255. The cover letter of the proposal should
contain a paragraph that states whether OBT believes that its proposal does or does not
contain information that falls into one of the exemptions of Government Code Sections
6254 through 6255 and whether DBT considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party
that requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public
record requiring disclosure.
SAL SCHEDULE
The solicitation receipt and evaluation of proposals and the selection of the DBT will
conform to the following schedule (Note: Dates are subject to change):
. Distribution/Advertisement of RFP - Auoust 26. 20,Qf
. . Pre-Proposal Conference - -Septemþer 5. 2001
. Submittal of Proposals Deadline - Sept~mber 20.2002
. Submittal Review - September 23 through Seotemþer 27 , 2002
. Interviews - Week of SeDtelllper 30. 20.Qg
. Design/Build Contract Negotiations - Week of October 7. 2002
PROPOSAL SELECTION PROCESS
A short list of Design-Build Teams (08Ts) will be developed based on criteria in this RFP.
Of primary interest in developing a short list will be experience of respondent in the de~ign
and construction of SCADA systems. DBTs on the short list will participate in the selection
process. Award will be based on the best value proposal for the proposed GMP.
Contracts will be awarded in accordance with the Chula Vista Municipal Code and the
Design/Build Ordinance, Section 2.57 of the Chula Vista Municipal Code.
The D/B competition shall be based upon the performance specifications and the criteria
set forth herein. Criteria used in the evaluation of the proposals may include but not be
limited to, the proposed design approach, life cycle costs, project features, quality, total
costs, past performances, business standing, schedule, and operational and functional
performance of the facility. Award shall be made to the DBTwhose proposal is judged as
providing the best value meeting the interests ofthe City and meeting the objectives of the
project.
Submittals received by City will be evaluated based upon the above and according to the
criteria listed below:
. Conformance to the specified RFP requirements and format;
11
(,#' 10
Attachment A: Sample Design/Build Contract
Attachment B: Scope of Work
Attachment C: Project Specifications
Attachment D: Proposed Project GMP Form
Attachment E: Plats of Project Location
H:\ENGINEER\Design\SCADA RFP.doc
13
~dè
A TT ACHMENT A
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this - day of I 2002, by
and between The City of Chula Vista (herein "City"), a municipal corporation, and
("Design Builder or 0/8"). City and D/B are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
WHEREAS, D/B understands and acknowledges that the Chula Vista City Council
retains its full and sale discretion as to all future legislative actions, including whether to
appropriate sufficient funds to complete this Project.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained' herein:
THE PARTIES AGREE:
Section 1: General. 0 Work to Be Perform IB
1.1 In accordance with the terms set forth in this Agreement, DIB shall design and
construct for the City: a completed and fully functional seawater exhibtt including ancillary
facilities and site-work to accommodate sharks, rays, and other marine life native to South
Bay. The exhibit shall include a new exhibit pool, permanent cover, life support system,
and storage buildings (referred to hereafter as "Project").
1.2 The services to be provided by D/B are generally to be performed in 3
"Phases"; the services to be provided In each Phase are specified elsewhere in this
Agreement.
1.3 The D/B shall:
1.3.1 Perform all services, work and obligations as described herein for
the not to exceed Guaranteed Maximum Price C'GMP") of
which shall include alf Hard Construction Costs
necessary to provide a fully completed and functional Project
including, but not limited to, the cost for all labor, equipment.
material, and the D/B Fixed Fee which includes fees and expenses
of any type, including all expenses under this Agreement, aSSOCiated
with completing the Project, whether on-sìte or off-site, any
reimbursable cost (as defined in §11), and the D/B Contingency
Fund. Any costs incurred by D/B in excess of said GMP shall be the
sole responsibility of the D/B unless a Change Order is approved by
the City pursuant to Sections 7 and 12 of this Agreement. All funds
1
¿, , gd~
ATTACHMENT A
remaining in the GMP at completion of the Project shall belong to the
City.
1.3.2 Achieve "Substantial Completion" (as defined in §14) no later than
calendar days from issuance of Notice to Proceed, and "Final
Completion" (as defined in §14.2) no later than calendar days
from issuance of Notice to Proceed.
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 Development Schedule
attached as Exhibit 2;
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain requisite environmental approvals and/or pennits
with reasonable promptness to avoid delay to the orderly progress of
DlB's performance per the Development Schedule attached as
Exhibit 2;
2.1.4 At the request of 0/8, 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 OIB to take all
reasonable steps to verify all such Information as itdeems necessary
to perform its services under this Agreement. City does not warranty
to ole the accuracy or completeness of any such information.
2.1.5 Cooperate with D/B in identifying, processing and seClfring 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 pennits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
j determines the Project has achieved Substantial Completion as
defined below in Section 14.1.
2
A TT ACHMENT A
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 14.2.
2.2 City Review Process. City shall review ODD, 50% CD's and 100% CD's. For
each D/B submission, City shall have 10 days to review, approve, conditionally approve or
deny.
Section 3: General Oblioations 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 Development schedule, Exhibit 2. and in such
a manner that the GMP Or Contract Time of the Project shall not be
exceeded, but if D/B reasonably believes that any action, inaction,
decision or direction being made by City or agent for the City will
likely result in the GMP or Contract Time being exceeded or the
Project being completed late, D/B will notify City at Project Team
meeting and in writing within five (5) calendar days of discovering
such action, inaction, decision, or direction. 'Included in such notice
will be an estimate of the cost and ,time impact resulting from such
action, inaction, decision or direction.
3.1.3 Perform, or obtain the prior written consent of the City to subcontract
all design services for the Project utilizing qualified, appropriately
licensed and sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants". D/B shall not be
permitted to substitute any Design Consultant unless authorized by
'City. The fact that the City approves the subcontracting of any such
services will in no way relieve the D/B of any of Its obligations or
responsibilities under the Agreement;
3.1.4 Perform all construCtion on the Project utili~ing 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
~., f
ATTACHMENT A
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/S shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Govemmental
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 Govemmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to' comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 12. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
Project at its own expense where D/B has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Agreement.
3.1.8 Take all reasonable steps during the course of the Project so as not
to interfere with the ongoing operation of the Nature Center,
including but not limited to the following:
3.1.8.1 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 and Section
8.2.30 of this Agreement;
3.1.9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Pröject ,Site. rt OIB 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. The Project Site is
located on a National Wildlife Refuge. D/B acknowledges and
agrees to remain within the boundaries of the project Site and that
4
t,øgS
ATTACHMENT A
any activity outside the project site may result in substantial fines
and penalties being imposed by USFWS. D/B agrees to indemnify
City for any and all fines, penalties, liabilities. cost imposed upon
City, Chula Vista Nature Center, 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. If requested by City, D/B shall obtain separate
permits, including but not limited to the following:excavation,
foundation, and structural portions of the Project.
3.1.11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADMG") and the
Americans With Disabifities Act ("ADA-).
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) design development (2) 50%
construction drawings and (3) 100% construction drawings. Said
approval shall be evidenced by written notice to proceed with the
subsequent phase.
3.1.13 Provide cost estimating and value engineering services I which takes
into consideration long~range maintenance costs, energy efficiency,
and impacts on operation of the Project. Provide cost estimate to the
City with 100% Construction Documents.
3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, D/B shall perform said investigations. The costs
of said Investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to SectIon 11.2.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this Agreement, except for the
following risks which are assumed by City:
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface. site
conditions provided D/B notifies City in writing within 5 days
of discovery if D/B believes it has uncovered or revealed a
condition which:
5
;¡/J
ATTACHMENT A
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 12. tf
City determines there is no bona fide Work scope change
or Is a minor change which does not impact GMP or
Contract Time, City shall notify D/B within 10 days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract TIme if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.17.
3.2.2 Third party litigation arising from the Project for which D/B ;s not
responsible.
3.3 D/B shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations. Compliance with this section by D/B shall not in any
way excuse or limit D/B's obligations to fully comply With all other terms in this Agreement.
3.4 D/B warrants that at least one member of D/B shall be licensed by the
Califomia Contractor's State License Board as a General Building Contractor. DIB is to
provide a list of the responsible people within their organizations performing services, whiCh
shalf include their qualifications and their function, for approval by the City prior to start of
construction. City and D/B shall establish "key personnell/ who shall remain on the Project
until Final Completion. If any such "key personnel" leave the employ of DtB, City shall have
the right to approve the replacement personnel. 0/8 shall cOmply with all licensing
requirements of the State of California, County of San Diego, and City of Chula Vista.
3.5 D/B shall cooperate with City in obtaining requisite Environmental approvals
and/or permits.
3.6 D/B agrees and acknowledges that the City Representative is the only person
with authority to approve a'dditions or modifications to Project. Any costs or delays resultIng
from or associated with additions or mOdifications implemented without the written
6
?~ 1
ATTACHMENT A
authorization of City Representative shall be borne exclusively by D/B and not be grounds
for an increase in GMP or Contract Time unless necessary to protect public health, safety
or property.
Section 4: Desian Phase Services - Phase I
4.1.1 Develop and Implement Project Management Plan and Procedures:
4.1.1.1 Monthly project status reports
4.1.1.2 Coordination/interface with the City and its other
consu Itantsl contractors
4.1.1.3 Progress meetings
4.1.1.4 Interface and communications with other agencies
4.1.1.5 Vendors and subcontractors management
4.1.1.6 Document control
4.1.1.7 Schedule and budget control
4.1.1.8 Quality assurance and quality control
Throughout the design phase, the Consultant will be required to
provide scheduling and cost control reports monthly.
4.1.2 Utilizing the 2001 Green Book, the City's facility program,
performance and design criteria, concept drawings, and reports attached to
this RFP, the OaT shall:
4.1.2.1 Prepare construction drawings and specifications suitable
for obtaining City-approved permits and to aI/ow
construction. Packaging of the Project into several
construction contracts, Including the possibility of pre-
purchase contracts, may be appropriate. Preparation of
technical materials and equipment specifications for pre-
purchase will be the responsibility of the OBT.
4.1.2.2 Complete the design toral! elements of the Project,
including, but not limited to: civil, structural, architectural,
mechanical, electrical, interiors, landscape. and specialty
consulting areas.
4.1.2.3 Evaluate alternative structural and construction approaches
to ensure economical designs, which optimize
constructability yet meet all codes, architectural concepts,
7
A IT ACHMENT A
schematic designs, and standard specifications of the
Project. Design and construction shall also meet all ADA
requirements.
4.1.2.4 Provide additional site surveys and geotechnical
investigations to the extent the OBT determines they are
necessary for final design. The survey information provided
by the City is preliminary in nature and may not have
sufficient accuracy or scope to support final design.
4.1.2.5 At the City's request, furnish presentations, information,
and support to an independent value engineering (VE)
team (City-provided)¡ which will conduct at least one VE
session with the OBT during the design phase. Review VE
recommendations and furnish recommendation to the City
regarding acceptance or rejection of VE recommendations.
Incorporate accepted VE recommendations.
4.1.2.6 Furnish support to a City constructability review team at the
80 percent design completion stage. Incorporate the
results of this review into the design.
4.1.2.7 Provide construction cost estimates monthly during the
design to support VE and constructability reviews. Revise
these cost estimates monthly.
4.1.2.7 Prepare draft Operations Manual to serve as the basis for
preparing the final Operations Manual during the
construction phase.
Section 5: Construction Phase Services - ~:
The OBT shall construct the facility in ~CC()rdance with City-approved plans
and specifiœtions prepared by the OBT to meet or exceed aU requirements
of the City provided program, schematic design and the performance criteria.
The DBT shall:
5.1.1 Conduct contractor meetings, as necessary, to provide technical
input.
5.1.2 Provide interpretation of technical specifications and drawings.
5.1.3 When appropriate, witness testing and review materials -and
equipment testing results and provide comments regarding
conformance with specification requirements.
8
¿, #'
ATTACHMENT A
5.1.4 Provide list of required shop drawing submittals. Review shop
drawing submittals for technical compliance.
5.1.5 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
5.1.6 The OBT shall be responsible for complete management,
supervision, and reporting of all aspects of the construction of this
Project.
5.1.7 The DBT shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on~schedule completion of the Project, starting
with the issuance of a Notice to Proceed from the City and extending
through issuance of Notice of Completion and Acceptance. City
staff will perform inspections to verify compliance with the plans,
specifications and contract docur:nents.
The DBT resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requi rements, construction mitigation
documents and enforcement of the Contract Documents.
5.1.8 The DBT 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] a~d Title 24 California Code of Regulations [Building Code]
as defined in Seotion 18910 of California Health and Safety Code
[Title 24]. The OBT is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
5.1.9 The DBT shall witness all factory and field component, equipment,
and system testing as required by the project Contract Documents.
5.1.10 The DBT shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services. DBT Is
responsible for scheduling and coordinating all inspections and
paying for all re..in~pections.
5.1.11 The DBT shall be responsible for preparing the Critical Path Method
(CPM) schedule utilized during the project construction and startup
activities. Use Microsoft Project scheduling software consistent With
the City reporting system.
9
ft;
ATTACHMENT A
5.1.12 The OBT shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation
5.1.13 The OBT shall implement and maintain an internal records
management and document control system as required to support
project operations. The OBT shall provide records management and
document control information in a manner consistent with the City's
reporting system.
5.1.14 The OBT shall administer and coordinate the project contract
closeout process and shall resolve any warranty provision issues.
The OBT shall report progress of project contract closeout to the
City in a manner consistent with the City's reporting system.
5.1.15 The OBT shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The OBT shall
report a record of environmental issues to the City in a rtlanner
consistent with the City's reporting system
Section 6: Operation/Startup E.hase Services - ~
6.1.1 The OBT shall prepare, submit for City review and written
approval, and implement a Project Startup and Testing Plan for
the Project.
6.1.2 The OBT shall conduct Operator Training Sessions for
facilities.
6.1.3 The OaT shall supervise, manage, and coordinate all project
startup and testing activities within the provisions of the project
Contract Documents.
6.1.4 The OBT shall report progress of project startup and testing to
the City in a manner consistent with the City's reporting
system.
6.1.5 The OaT shall report to the City all guaranteelwarranty
disputes. The OBT shall proceed to resolve such disputes
after having submitted to the City for review and approval the
OBT's approach for obtaining resolution for the dispute.
6.2 Unless the 0/8 receives the City's prior approval to substitute equal or batter
quality materials, the D/B warrants to City that material sand equipment incorporate din the
Project will be new, unless otherwise specified. and that the Project will be .of good quality,
free from faults and defects, and in strict conformance with the Construction Documents
and in accordance with Section 20.
10
t~.1/
A TT ACHMENT A
Section "7: Additional Services
7.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if authorized
in writing, in advance, by City and after complying with Section 7.3. The City may propose
changes to the Work of a subcontractor after the bid has been awarded. In the event of a
change of this nature, D/B will estimate the cost of the Change Order, assist City in
developing drawings and specifications as necessary, solicit a revised bid, negotiate with
the subcontractor, present a recommendation for a Change Order to City, and implement
construction as approved by City.
7.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B will be paid 3% of such costs
as the DIe Fee.
For additional services, which result in an extension of the Substantial Completion date,
ole shall be paid a fee equal to the number of working days the Substantial Completion
date Is extended multiplied by the daily proration of the general conditions fee included
within the GMP.
7.3 If at any time D/B contends that it is being asked to perform Additional
SelVices. it shall give City written notice 5 days prior to perfonnin~ said services Indicating
that DIB intends to seek additional compensation beyond the 01 Fixed Fee. Fumishing
advance written notice shall be a condition precedent to being able to seek additional
compensation from City.
Section 8: Bonds
8.1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the faithful
. performance and payment of all DIB's obligations under the Agreement. These bonds shall
remain in affect at least until thirty (30) days after the filing date of Notice of COmpletion,
except as otherwise provided by law or regulation or by this Agreement. D/B shall also
furnish such other bonds as are required by this Agreement.
8.1.1 The performance bond shall be in the amount of 1 00% of the GMP.
8.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
8.2 All bonds shall be in the form prescribed by City and by such sureties Which
are admitted insurers in the State of California and are subject to regulation by' the
Department oflnsuranoo. 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
11
(p#
ATTACHMENT A
agent's authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
8.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project
is located, D!B shall within seven (7) days thereafter substitute another bond and surety,
which must be acceptable to City.
8.4 Bond premiums are a Reimbursable Cost for which the D/B will be
reimbursed, without markup, pursuant to Section 14.2.
Section 9; Insurance
9.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
9.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. The maintenance of proper coverage is a
material element of the contract and that failure to maintain or renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
9.3 Minimum Scope of Insurance
9.3.1 Coverage shall be at least as' broad as:
/'
9.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
9.3.1.2 Insurance Services Office Form (GOQ09 11 88 Owners
and Contractors Protective Uabillty Coverage F' orm-
Coverage for Operations of Designated Contractor).
9.3.1.3 Insurance Services Officer Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
9.3.1.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
9.3.1.5 Course of Construction Insurance covering all risks of
loss. .
9.3.1.6 Pollution and/or Asbestos Pollution Liability and/or Errors
and Omissions.
12
4> #' ,¡ø,'
ATTACHMENT A
9.4. Minimum Limits of Insurance
9.4.1 Contractor shali maintain limits no less than:
9.4.1.1 General $1,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations, liability Insurance or other
products and
completed form with a general
operations.) aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
projectllocatlon or the
general aggregate limit
shall be twice the required
occurrence limit.
9.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
9.4.1.3 Employer's $1,000,000 per accident for bodily injury
Liability: or disease.
9.4.1.4 Course of Completed of project with no
Construction: Value coinsurance penalty
provisions.
9.4.1.5 Errors and $1,000,000 per occurrence
Omissions:
.
9.5 Deductibles and Self~lnsured Retentions
9.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self~insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
9.6 Other Insurance Provisions
9.6.1 The general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions:
13
tø11
ATTACHMENT A
9.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as insureds with respect to liability
arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the DIB including materials,
parts or equipment furnished in connection with such
work or operations. General liability coverage can be
provided in the form of an endorsement to the DIB's
insurance, or as a separate owner's policy.
9.6.1.2 For any claims related to this project the Dla's insurance
coverage shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the DIB's insurance and shall not contribute
with it.
9.6.1.3 Each insurance policy required by this Clause shall be
endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has
been given to the City.
9.6.1.4 Coverage shall not extend to any indemnity coverage for
the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
9.6.2 Course of Construction policies shall contain the fol/owing
. provisions: .
9.6.2.1 The City shall be named as loss payee.
9.6.2.2 The insurer shall waive all right of subrogation against
the City.
9.6.3 Acceptability of Insurers.
9.6.3.1 Insurance is to be placed with insurers with a current AM.
Best's rating of no less than A:VII.
14
4. ,p~l5
A IT ACHMENT A
9.7 Verification of Coverage
9.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
clause. The endorsements should be on forms provided by the City
or on other than the City's forms, provided those endorsements or
policies conform to the requirements. All certificates and
endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, including
endorsements affecting the coverage required by these
specifications at any time.
9.8 Subcontractors
9.8.1 Contractor shall' include all subcontractors or subconsultants as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor or subconsultant. All
coverages for subcontractors or subconsultants shall be subject to
all of the requirements stated herein.
9.9 COQp~ration. The D/B and its Contractors shall cooperate fully with and
provide any information or records requested by the City or regarding all aspects of the
insurance and project, including but not limited to claims, audit, payroll, insurance records
and safety. Delays in reporting infOrn18tion to the City may result in delays in progress
payments to the 0/8.
9.10 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
will contain at least the following provisions:
9.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-.renewal or material reduction in COverage.
9.10.2 The words "will endeavor" and "but failure to mail such noUce shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the Certificates.
9.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with a
carrier or carriers authorized by the California Insurance
Commissioner to do business in the State of California, any policies
requir&d by this Agreement.
9.10.4 Any insurance provided for this project shall be written through an
insurer with an A.M. Bast Rating of not less than A-7. Any
15
(, w1Þ
A IT ACHMENT A
exceptions are at the sole discretion of the City and subject to
written approval of the City.
9.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section 10: Inspection
10.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by 0/8 for any reinspections. The City shall
either perform said inspection services with its own forces or contract with third parties. It
shall be the responsibility of 0/8, however, to call for, coordinate and schedule all
inspections.
10.2 City, its consultants, subcontractors, independent testing laboratories sswall
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 50
that they may comply.
10.3 City will make, or have made, such inspections and tests as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements
of the Construction Documents. Unless otherwise specified, the cost of such inspection
and testing will be bome by the City. In the event such inspections or tests reveal non-
compliance with the requirements of the Construction Documents, 0/8 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 th.e City nor inspections. tests, or
approvals by others shall relieve OIB from OIB'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 shan give at least 24 hours notice for on-site inspection and five (5) days notice
, for off-site inspection.
10.4 City has the right to stop or suspend Work activities which will conceal or
cover up 018 Work product which is to be inspected or tested, or which will interfere with
the inspection or testing activities, for a reasonable time and OIB will have no right to
additional cost or time it may incur as a result of the Work stoppage.
10.5 When D/B intends to purchase materials, fabricated products, or equipment
from sources located more than fifty (50) mUGs from the City Administration Building which
require off site special inspection, the costs of an inspector or accredited testing laboråtory
retained by the City shall be paid by the City. The inspector or representative of the testing
laboratory shall judge the materials by the requirements of the plans and specifications
used to solicit bids for construction and the D/B shall forward status reports to the City. No
materials or equipment shall be shipped nor shall any processing, fabrication or treatment
16
4,~" 7
A TT ACHMENT A
of such materials be done without prior inspection by the approved agent. Approval by said
agent shall not relieve the D/B of responsibility for complying with the requirements of this
Agreement. D/B shall require all subContractors and vendors to assume responsibility for
costs of tests or inspections due to the following:
1. Retesting beæuse of failure of initial samples.
2. Failure to properly notify laboratory.
3. Changes in sources, lots, or suppliers of materials after original
tests.
4. Changes in methods or materials of construction by D/B that require
testing, inspection, or other related services in excess of those
required by the Construction Documents.
Section 11: 01 Fixed Fee or Sa ices and Reimburse ants
11.1 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("D/B Fixed Fee") at a fixed sum equal to
$ . That portion of the D/B Fixed Fee earned with each Phase of the services is
listed in Exhibit 6. Unless otherwise expressly provided In this Agreement, 0/8 Fixed Fee
shall include full compensation for an costs of any type incurred by D/B in performing all
services and obrigations under this Agreement, including but not limited to the following:
11.1.1 All Design Consultants, including but not limited to archi~ectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acoustical, audio visual,
lighting, and security consultants.
11.1.2 Estimating, value engineering and construction management;
11.1.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Projact engineers, Project accountants, and all
other D/B personnel wherever located;
11.1.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailers, field equipment and
storage facilities;
11.1.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the ole exceed 90% of the fair market value of anyone.
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.
17
(,øtjg
ATTACHMENT A
11.1.5 All home-offìceand field overhead costs of any type including
document control and retention;
11.1.6 All business license costs;
11.1 .7 All profit O/B intends to earn under this Agreement.
11.1.8 All direct and incidental costs incurred by O/B, except for those
specifically identified in Section 11.2.
11.2 O/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs. n
11.2.1 Reimbursable Bond Premiums;
11.2.2 Reimbursable Subsurface Investigation Costs;
11.2.3 .Any other reimbursable cost expressly provided for elsewhere in this
Agreement.
11.3 018 will also be reimbursed, without markup, for costs it incurs in contracting
actual Construction Work on the Project to others ("Hard Cqnstructlon Costs"). Hard
Construction Costs do not include: (1) any costs associated with the design and
construction management services to be perfonned by 0/8 under this Agreement, (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 and use
of materials which do not comply with the Construction Documents; or (3) any costs
incurred by D/B for which the City is not responsible as provided elsewhere in this
Agreement.
11.4 Under no circumstances will the sum of payments for the D/B Fixed Fee, DIB
Contingency Fund, Reimbursable Costs and Hard Construction Costs exceed the GMP,
unless otherwise authorized pursuant to the terms of this Agreement.
11.5 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete this
Project or fund this Agreement. As more fully provided in Section 24, the City may
terminate this Agreement for any reason, including but not limited to, if City Council fails to
appropriate sufficient funds or is unsuccessful at obtaining long term financing.
'Section 12:
12.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
18
,I 1
{RøÞ
A TT ACHMENT A
12.1.1 The City directs D/B to perform Additional Services or City Changes
as provided in Section 7.
12.1.2 For reasons expressly provided elsewhere in this Agreement.
12.2 The following procedure shall be followed for the issuance of Change Orders:
12.2.1 Upon the occurrence of any event that gives rise to a Change Order,
D/8 shall give the City notice of the same with 5 days. D/B shall not
proceed with any such services or work until such notice has been
given to the City except if such services or work are necessary to
protect public health, safety or property.
12.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Ordar 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 categorizêd into DIe Fixed Fee, Reimbursable
Costs or Hard Construction Costs. OIB shall also provide City with a
realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
12.2.3 Upon submission of the detailed estimates by the 0/8, the Parties
will attempt to negotiate an appropriate adjustment In GMP and
Contract TIme. If an agreement is reached, a Change Order
reflecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
D/B to proceed with the subject services and/or work, during which
time the D/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services and/or work. These records shall be
submitted to the City and shall become the basis for Continued
negotiations between the Parties for an equitable adjustment to the
GMP and/or Contract Time.
12.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the D/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 31. D/B shall not have the right to stop or
delay in the prosecution of any services or work, including se~lces
or work that is the subject of the Change Order, pending this
resolution process. Instead, DIB shall continue diligently
prosecuting all such services and work.
19
~/
. . ATTACHMENT A
12.2.5 City may. in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 13: Payment Terms
13.1 D/B shall submit certificate and application for payment to the City on a
monthly basis for Phase 1 services rendered and costs incurred. The monthly payment
shall be based upon percentage of completion of the Schedule of Values plus any
Reimbursable Costs as provided in Section 11.2.
13.2 D/B shall provide all Phase II and III services for the Phase II and III Fee. 0/8
shall submit certificate and application for payment to City on a monthly basis for Phase"
and 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, 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 DIB ninety percent (90%) of payment application based upon the
percentage complete of the Schedule of Values and 100% of the reimbursable costs within
thirty (30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for D/B's full performance~
13.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, ole shall include with each month payment
application an itemization of aI/such Reimbursable Costs actually incurred by 0/8, during
the previous month. If requested by the City, D/B shall provide all backup documentation
supporting such Reimbursable Costs.
13.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B $hall include with
each monthly application for payment an itemization of all Hard Construction Costs actually
incurred byD/B during the previous month.
13.5 D/S shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by 0/8. 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
(3D) days of receipt of fully complete invoice. GUy will withhold the remaining 10% as
security for DlB's full performance.
13.6 Subjèot to Sections 13.8, City shall payDla the ten percent (10%) retention
being withheld pursuant to Sections 13.2, and 13.5 as part of the "Final Payment" to bIB.
Final Payment will be made thirty-five (35) days after Final Completion.
20
~.I¿)/
A IT ACHMENT A
13.7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a disclaimer
and unconditional final lien release by the subcontractor.
13.8 In lieu of withholding retention under this Agreement, at the election of 0/8,
City will deposit retention amounts into escrow and/or the substitution of securities for
money as provided in California Public Contract Code Section 22300.
Section 14: Project Completion
14.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on tha Project is sufficiently complete in accordance with the Construction
Documents so that. City can fully occupy and utilize entire Project; Substantial Completion
$hall further mean that all goods, services and systems to be provided under the tenns and
conditions of the Construction D~ments are in place and have been initlallytested, and
are operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punchlist Work.
14.2 Final Completion shall be deemed to Occur on the last of the fo/lOWing 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 OIB 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 0/8.
14.3 DIe shall provide City with a Certificate of Completion, in the form of Exhibit
-' 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 pennits licenses, and certificates of inspection, use and occupancy, and
ordinances relating to the Project.
14.4 D/B is to provide City final record drawing documents at the end of
construction ( CAs-Built Drawings"). As-Built Drawings are to be accurate and legible
records showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves,plugged tees, wiring and utilities.
14.5 D/B shall provide a copy of, or make available before destruction, al/ records
(which includes al/ writings as defined in Evidence Code Section 250) to the City upon
receipt or generation, which shall include a copy of Ole's filing protocol.
Section 15: Contract ~
15.1 The "Contract Time" shall be the number of calendar days stated In Section
1.3.2 for D/B to achieve Substantial Completion.
21
IÞ~'/()
ATTACHMENT A
15.2 "Time is of the essence" with regard to Contract Time and all milestones listed
in the Development Schedule (Exhibit 2).
15.3 The Contract Time may only be changed by a Change Order as set forth in
Section 12.
Further, an extension in Contract Time will not be granted unless D/B can
demonstrate through an analysis of the Detailed Construction 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 O/B, its Design Consultants, and subcontractors or
suppliers, and that such causes in fact lead to performance or completion of the Project, or
specified part in question, beyond the corresponding Contract Time, despite D/B's
reasonable and diligent actions to guard against those effects.
15.4 D/B carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and VlÏthin the control of Design Consultants, or
subcontractor or supplier shall be deemed to be delays within the control of 0/8. No time
extension will be allowed for such delays. An increase in Contract TIme does not
necessarily mean that ole is due an increase in the GMP.
Section 16: ~
16.1 City and ole 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, p1us
any extensions thereof allowed in accordance with Section 15.3. They also recognize the
delays, expense, and dffflcuities involved in proving in a legal proceeding the aotualloss
suffered by City if the Project is not completed on time. Accordingly, instead of requiring
any such proof, City and DIB agree that D/B shall pay as liquidated damages (but not as a
penalty) for each calendar day of delay beyond the time specified for Substantial
Completion of the Project plus 30 calendar days, the following amounts which D/B
expressly agrees are "not unreasonable under the circumstances" as defined in California
Civil Code §1671 (b): (1) $100 for èaoh calendar day. liquidated Damages shall not be
assessed after the date on which Substantial Completion is achieved pursuant to Section
14.
Section 17: Right to MÆLify Wolt
17.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the Project; these
will be authorized by a written Change Order prepared and issued by City. Upon receipt of
any such document, D/B shall promptly proceed with the Work involved which will be
performed under the applicable conditions of the Construction Documents (except as
otherwise specffiœlly provided), '
22
~@
A IT ACHMENT A
17.2 When City desires a change in the Project, City may issue a Request for
Proposal to O/B. O/B will be required to respond within the time indicated by City.
Section 18: Intentionally Omitted
Section 19: Work By Others
19.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give O/B
reasonable notice of its intent to do such other work. Neither party's work shall take priority
over the others; instead, the Parties will use their best efforts to coordinate their work so as
to minimize the disruption to each other's work.
19.2 If the proper execution or results of any part of D/B's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in writing ,
any apparent delays, defects, or deficiencies in the City's work that render it unavailable or
unsuitable for such proper execution and results. D/8's failure to promptly report such
delays, defects, or deficiencies in writing before Commencement of the affected work, will
constitute an acceptance of the City's work as fit and timely for integration with D/B's Work
except for latent defects and deficiencies in the City's work for which 0/8 will not be
responsible.
19.3 If D/B or any person or entity working for O/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 OIB, by City, any other contractor, or
any other person, D/B shall promptly repair and/or resolve said claim at no cost to City.
Section 20: Warranties and Guarantees
20.1 D/B warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work will be
in strict acc;ordance with the Construction Documents and will not be defective. Prompt
notice of defects known to City shall be given to 0/8. All Defective Work, Whether or not in
place, may be rejected, corrected, or accepted as reasonably directed by City, provided
D/B shall not be entitled to an extension in Contract Time or increase in GMP because of
any delay or increase in cost attributable to the rejection, correction or acceptance of said
work. Defective work may be rejected even if approved by prior inspection.
20.2 The warranty period shall commence when the Certificate of Final Completion
is issued (irrespective of beneficial use by City prior to Final Completion) and extend one
( 1 ) year after that date or whatever longer period may be prescribed by laws or regulations
or by the terms of any applicable special guarantee or specific provision of the Construction
Documents. -
20.2.1 O/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.
23
#IO~
(p . ..
ATTACHMENT A
20.2.2 orB is to provide City one (1) set of operating and maintenance data
manuals, fully bOund and indexed, warranties, guarantees, and
bonds.
20.3 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
circumstances warrant it, including but not limited to, in an emergency, City or DIe
may have the defective work corrected or the defective work removed and replaced.
In that even~ D/B shall not be allowed to recover any associated costs, and OIB
shall reimburse City for all direct, and indirect costs of City, and City shall be entiUed
to an appropriate decrease in the GMP, to withhold a setoff against amount
recommended for payment, or make a claim on DIB's bond if 0/8 has been paid in
full.
20.4 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the OIB shall: .
20.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
20.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
20.5.3 Enforce all warranties for the benefit of City, if directed by City;
20.5.4 In the event D/B's warranty under section 20.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
20.5.5 ole shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc., to cover the limited warranty period to City
at the expiration of the one year warranty; and
. Section 21:
21.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work. Before taking possession of or using any Work, City
shall fumish D/B a list of items of Work remaining to be performed or corrected on those
24
(p-¡
A TT ACHMENT A
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 0/8 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 Ag~eement, nor relieve the D/B of any of its obligations under this Agreement.
21.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession or use.
If prior possession or use by City delays the progress of the Work or causes additional
expense to 0/8, an equitable adjustment shall be made in the GMP or the Contract Time,
and the Agreement shall be modified in writing accordingly.
Section 22: Personal Services and Non-Ass~
22.1 This is a personal services Agreement and, therefore, 0/8 shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or invOluntarily, any -
of its rights, duties or obligations under this Agreement except upon the prior written
consent of City. Any such change, assignment or transfer without the prior written consent
of the City shall be deemed null and void and constitute a material breach under this
Agreement.
Section 23: Indemnification
23.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees, consultants,
(collectively herein the "IndemniteeS-), from and against all claims, demands, causes of
action, damages, injuries, liabilities, losses and expenses (including, without limitation,
reasonable attorneys' and consultants' fees and expense$) of any kind whatsoever, arising
in whole or in part out of or resulting from D/B's performance of this Agreement, Dla's
breach of this Agreement, or the alleged negligent acts or omissions of 0/8, its architects,
engineers, other professionals and consultants, Contractors, suppliers or anyone directly or
indirectly em'ployed 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 subcontractórs, which inetudes the Design Subcontractors, consultants,
agents and employeès 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 Oats insurance for any loss covered by this paragraph, D/B
shall have no further obligation for such loss.
23.2 D/B's obligation to indemnify under section 23.1 shall not extend to such
claims, demands, causes ofaction, damages, injuries, liabilities, losses and expenses, to
the extent that such Is the result of the active negligence or the willful misconduct of an
Indemnitea. Ole's obligation to defend under section 23.1, if not covered by the in$uranoe
to be provided on the Project, shall not extend to such claims, demands, causes of action,
damages. injuries, liabilities, losses and expenses, or causes of actions, to the extent that
25 '
10- / {)(p
ATTACHMENT A
such are caused by the active negligence or the willful miSconduct of the Indemnitee, and
from no other cause.
23.3 The DIe agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed officers,
employees, agents and consultants from and against any and all claims, suits, demands,
liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting
or accruing to any and all persons, firms, and any other legal entity, caused by, arising out
of or in any way connected with the detection, presence, handling, removal, abatement,
capping, subsequent migration of, or disposal of any asbestos or hazardous or toxic
substances, products or materials that exist on, about or adjacent to the jobsite, whether
liability arises under breach of contract or warranty, tort, including negligence, strict liability
or statutory liability or any other cause of action. OIB's obligation regarding asbestos or
hazardous or toxic substances, products or materials shall be limited to the proper removal
within the Projèct boundaries and the proper disposal of such materials.
Section 24: Riaht to T ermjnate and SUSDeru;LWork
24.1 Archae ical and Paleontol ical Discoveries. If a discovery is made of an
archaeological or paleontolOgical interest, ole 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.
24.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, ston~ implements or other artifacts, animal
bones, human bones, fossils or any item with cultural significance.
24.1.2 0/8 shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
24.2 Termination qf AqreemeOJ~or CausQ.. If, through any cause, D/a
shall fail to fulfill in a timely and proper manner Dla's obligations under this Agreement, or
if.DIB shall violate any of the covenants, agreements or stipulations of this Agreetnent, City
shall have the right to terminate this Agreement by giving written notice to 0/8 of such
termination and specifying the effective date thereof at feast 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 DIB, or any
of its agents, Design Consultants or Subcontractors, shall, at the option of the City,
become the property of the City, and DIe shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of Notice of Termination, not to exceed amounts payable
hereunder, and less any damages caused by D/B's breach. .
24.2.1 In the event the Agreement is terminated In accordance with this
Section, City may take possession of the Project and may
26
ft:; .' / () 1
ATTACHMENT A
complete the Project by whatever method or means City may
select.
24.2.2 If the cost to complete the Project exceeds the balance which
would have been due, D/B shall pay the excess amount to City.
24.2.3 Riç¡hts of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against D/B's performance bond surety.
24.2.4 Any dispute as to the amount due or owed to D/B upon termination
under this section, shall be resolved in accordance with Section 33.
24.3 Termination for Convenience bY City. City may terminate this Agreement at
any time and for any reåson, by giving specific written notice to DIB 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 sale and exclusive
property. lIthe Agreement is terminated by City as provided in this paragraph, DIB shalf be
entitled to receive just and equitable compensation for any satisfactory Work completed to
the effective date of such termination. OIB hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth herein.
24.3.1 Re d and ocuments elatin to Termination. Unless otherwise
provided in the Agreement or by statute, DIB shall maintain all
records anti 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 DIB's costs and expenses
under thi~ Agreement. ole shalf make these records and
documents available to City, at DIB's office, at alf.reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
Section 25: Independent Contractor
25.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
. employee of 0/8, 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 0/8's actions arid performance; in particular, but without limitation, City assumes
no responsibility for paying any taxes, bonds, payments or other commitments, implied or
27
(p-
ATTACHMENT A
explicit, by or for 0/8. 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 0/8. O/B disclaims the right to any
type of additional fee or benefits.
Section 26: Independent JudQment
26.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required 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; 0/8, 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 50 by City in writing.
Section 27: Maintenance oLRecor~ Accounting
27.1 0/8 shall maintain, during the Project and for a periOd of thr8ß (3) years after .
completion of the Project, accurate and organized records of all costs of any type and all
services peñormed under this Agreement. City will have the right at any time, including
during the performance of all Phases of the Project to audit and copy all such records.
Section 28: Ownership of Documents
28.1 All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this Agreement
shall be the sole and exclusive property of City. No such materials or properties produced
in whole or in part under this Agreement shall be subject to private use, COPyrights or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (except as
may be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or prOperties produced under this Agreement.
Section 29: Force M.§jeure
29.1 Any party to this Agreement may be excused for any delay or failure to
. perform its duties and obligations under this Agreement, except for obligations to pay
money, but only to the extent that such failure or delay is caused by an Event of Force
Majeure as set forth in seCtion 29.2. If an Event of Force Majeure set forth in section 29.2
causes a delay or failure in performance of only a portion of the obligations of a Party under
this Agreement, then only that portion of perfoffilanoo 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 50 delayed shall not be excused by
such Event of Force Majeure. Delay or failure in performance by a Party which is the result
28
& - /ð1
ATTACHMENT A
of an Event of Force Majeure set forth in section 29.2 shall be deemed excused for a period
no longer than the delay or failure in performance caused by such Event.
29.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually severe
weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or
the pub ¡'c 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/a, in developing the GMP and Development Schedule, has
incorporated <-> days for anticipated adverse weather days that may
disrupt work on the Project; D/B shall be entitled to relief under this Section for adverse
weather only to the extent adverse weather days exceed this amount of days.
29.3 A Party shall give written notice to the other Party as soon after becoming
aware of the delay or failure in performance caused by an Event of Force Majeure as is
reasonably possible, but in any event within five (5) working days after Party becomes.
aware of such delay or failure.
29.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the DIB as a result of a Force Majeure Event will be reimbursed
according to the terms of this Agreement from the Contingency Fund.
Section 30: Hazardous Materials
30.1 It is acknowledged by both Parties that the D/B's scope of services does
include services related to removal of any existing asbestos or hazardous or toxic
materials. In the event the D/B or any other party encounters additional asbestos or
hazardous or toxic materials at the Project Site, or should it become known in any way that
such materials may be present at the Project Site or any adjacent areas that may affect the
performance of the D/B's services, the D/B may, at his or her option and without liability for
consequential or any other damages, suspend performance of services on the Project until
the City retains appropriate specialist consultant{ s) or contractor{ s) to identify, abate and/or
remove the hazardous or toxic materials, and warrant that the Project Site is in full
compliance With applicable laws and regulations.
Section 31: ~
31.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in accord~nœ
with the provisions of this Section, unless specifically addressed by another provision of
this Agreement.
31.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 13. City shall make a determination on DIB's request in writing within 7 days of
29
{p-I/tJ
ATTACHMENT A
receipt of request and all supporting data. Said Change Order shall be made in good faith
and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City
is liable, and covers all costs and delays to which D/B believes it is entitled as a result of
the occurrence of the claimed event. All requests for adjustment in Contract Time shall
include an analysis of the Master Construction Schedule and the impact of the claimed
work on specific activities on the Master Construction Schedule.
31.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and procedures
used by the City in the implementation of the same.
31.4 Pending final resolution of any claim, including litigation, D/B shall proceed
diligently with performance of the Project, and comply with any direction of City.
Section 32: Notices
32.1 All notices, demands or other communications hereunder shall be given or
made In writing and shall be delivered personally or sent by courier or registered or certified
mail, return receipt requested, postage prepaid, addressed to the Party to whom they are
directed at the following addresses, or at such other addresses as may be designated by
notice from such Party:
(i) To CITY:
Elizabeth Hull
Deputy City Attomey
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 585..5710
Fax: (619) 409-5823
Samir Nuhaily
Senior Civil Engineer
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397..ß069
Fax: (619) 397-6250
. (ii) To 0/8:
30
.ø III
ATTACHMENT A
Any notice, demand or other communication given or made solely by mail in the
manner prescribed in this Section shall be deemed to have been given and to be effective
three (3) days after the date of such mailing; provided, however, that any notice, demand or
other communication which would otherwise be deemed to have been given on a day
which is not a working day shall be deemed to have been given on the next subsequent
working day.
Section 33: Miscellaneous 1ID1M
33.1 ReDresentations: 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 reliànce upon
any statement or representation of any other Party not contained herein, or any
representative, agent or attorney of any other Party.
33.2 Severability: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable
to the fullest extent permitted by law.
33.3 Entire Aareement: This Agreement contains the entire agreement, between
the Parties and supersedes all prior negotiations, discussions, obligations and rights ofthe
Parties in respect of each other regarding the subject matter of this Agreement. There is
no other written or oral understanding between the Parties. No modification, amendment or
alteration of this Agreement shall be valid unless it is in writing and signed by the-Parties
hereto.
33.4 ~; The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and conditions of
this Agreement, and that the decision of whether or not to seek the advice of counsel with
respect to - this Agreement is a decision which is the sole responsibility of each of the
Parties hereto. This Agreement shall not be construed in favor of or against either Party by
reason of the extent to which each Party participated in the drafting of the Agreement.
33.5 ~: 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 Chuta Vista,
Califomia.
33.6 Waiver: Unless otherwise expressly provided herein, no delay or omis'sion
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.
31
¡, II
ATTACHMENT A
33.7 ~: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be interpretations of the
provisions hereof.
33.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
33.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
33.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other may
reasonably require to consummate, evidence or confinn the agreements contained herein
in the manner contemplated hereby.
33.11 CounterParts: This Agreement may be executed by the Parties in one or
more counterparts, art of which taken together shall conßtitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute original
signatures. and facsimile copies hereof shall be deemed to constitute duplicate original
counterparts.
[NEXT PAGE IS SIGNATURE PAGE]
32
¡; -I
ATTACHMENT A
SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA
By: By:
Shirley Horton, Mayor
A lTEST:
Susan Bigelow, City CI&rk
Approved as to form by
John M. Kaheny, City Attorney
H:\ENGINEER\Design\SCADA Draft Design Build Agreementdoc
33
/;/1 Lf
A TT A CHMENT B
SCOPE OF WORK
PART I (Facility SCADA)
The City of Chula Vista, in an effort to better manage its wastewater pumping facilities,
municipal poolSt sewer trunk lines, and Nature Center pumping & aquarium water
treatment equipment, has developed a project to design-build a Supervisory Control And
Data Acquisition or (SCADA) System. The scope of this project is to design and
construct a reliable wide area network that shall be capable of collecting compilingt and
transmitting data and real time emergency alarms to a central monitoring facility. This
system shall also be capable of notifYing designated responders to facilities in alarm
status.
SITES (Mechanical & Communication)
1. Master Station, Public Works Corporation Yard, 1800 Maxwell Ave.
2. Pump Station 1, Police Station, 276 Fowih Ave.
3. Pump Station 2, G St., 890 G St.
4. Pump Station 3,470 Sandpiper Way
5. Pump Station 4, 663 Marina Parkway (In Center Island)
6. Pump Station 5, 1001 J St.
7. Pump Station 11, 940 Hilltop Dr.
8. Pump Station 12, 598 Parks ide Dr.
9. Pump Station 17, 560 Auto Parkway
10. Pump Station 21,2660 OtayLakes Rd.
11. Pump Station 22, 1196 EastJake Pkwy
12. Pump Station 24t 277 Surrey PI.
13. Pump Station 25t 375 Corral Ct.
14. Pump Station 26, 2620 Olympic Parkway
15. Pump Station 27, 1750 Wueste Rd.
16. Parkway Pool, 385 Park Way
17. Lorna Verde Pool, 1420, Lorna Lane
18. Nature Center, 1000 Gunpowder Pt.
19. Radio Repeater Sitet Otay Mt.
~~
ATTACHMENT "C"
RADIO TELEMETRY SYSTEM
TECHNICAL SPECIFICATION
,. INTRODUCTION
The City of Chula Vista, in an effort to better manage its wastewater pumping facilities, municipal pools,
sewer trunk lines, and Nature Center Pumping equipment, has developed a project to design-build a
Supervisory Control And Data Acquisition or (SCADA) System.
This project will consist of two part. The first being the mechanical facilities and radio commUltications
system, and the second comprise of monitoring sewer trunk lines located in the less accessible canyons
and envirorunentally sensitive areas where sewer lines traverse through.
The City of Chula Vista commissioned two studies concerning the radio and mechanical part of this
project. These have assisted in determining the scope and direction of this project, and the type of system
that best benefits the City of Chula Vista. The City adopted many, though not all of the
recommendations contained in the studies. The study assisted staff in determining sites to be monitored,
what needed to be monitored at those sites, what type of radios and frequencies would provide the best
and most reliable coverage, and basic hardware specifications.
The design-build consultant/contractor will utilize these studies and meet with representatives from the
City and its SCADA committee before designing the system. The consultant will present the SCADA
design and specifications for review, modification and approval.
The City reserves the right to reject and/or approve any part or the entire design that has not already been
accepted by the City of Chula Vista. The City may reject any part that does not comply with any federal,
state, or local laws, or ordinances.
The City reserves the right to reject to any equipment that is not compatible with the City computer
server system.
All plans will be sufficiently detailed to show all connection points and show ladder diagrams. All
components will be'detailed in a complete specification describing the equipment malee, model and any
operating ranges. A complete set of submittals is required for all proposed equipment.
II. SITES (Mechanical & Communication)
1. Master Station, Public Works Corporation Yard, 1800 Maxwell Ave.
2. Pump Station 1, Police Station, 276 Fourth Ave.
3. Pump Station 2, G St., 890 G St.
4. Pump Station 3,470 Sandpiper Way
5. Pump Station 4, 663 Marina Parkway (In Center Island)
6. Pump Station 5, 1001 J S1.
7. Pump Station 11,940 Hilltop Dr.
8. Pump Station 12, 598 Parkside Dr.
C:\WINDOWS\Temporary Internet Files\OLKD134\Chula Vista SCADA Specificatlon.doc
I.P -. II tíJ
2
9. Pump Station 17, 560 Auto Parkway
10. Pump Station 21, 2660 Otay Lakes Rd.
11. Pwnp Station 22, I 196 Eastlake Pkwy
12. Pwnp Station 24, 277 Surrey PI.
13. Pwnp Station 25,375 Corral Ct.
14. Pump Station 26,2620 Olympic Parkway
15. Pump Station 27, 1750 Wueste Rd.
16. Parkway Pool, 385 Park Way
17. Lorna Verde Pool, 1420, Lorna Lane
18. Nature Center, 1000 Gunpowder Pt.
19. Radio Repeater Site, Otay Mt.
III. Part 2
(N ot Fully Detailed)
The specifications for this part are not complete and will be addressed as a separate contract. The
second part of the SCADA project will be the installation of flow meters in the wastewater gravity trunk
lines in canyons and environmentally sensitive areas. This phase will include placing flow meters in
those identified sewer mains and achieving communication between the meters and master control
station for the purposes of monitoring levels so as not to discharge wastewater into the environment.
The sewer mains identified for monitoring are as follows.
. Bonita Long Canyon
. Rice Canyon, (North & South Legs)
. Rancho Del Rey- ill
. Poggi Canyon
. And several smaller yet to be identified sewer lines
The City will determine the best . locations for monitoring these mains. The number of sewer mains
needing monitoring may increase before this phase begins. The SCADA System must be partitioned and
made ready to accommodate this phase of the project.
1. DESCRIPTION OF WORK
The work covered by these specifications consists of providing all design, labor, tools, materials, and
testing necessary for the construction of a radio telemetry system as described herein. The tenn
contractor, bidder, or supplier refers to the telemetry system manufacturer.
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Specification. doc
b -//1
3
The system shall consist of a central site and remote stations connected by a radio transmission link
conmmnicating over licensed frequency(ies). The central site shall acquire data from the remotes, report
status and provide data logging capability. The remote stations shall monitor and transmit status on
request. Control functions shall be implemented by commands from the primary computer system (and
client computers with permissions) which shall be interpreted and initiated by the remote stations. The
primary and client computers shall also have the capacity to perfom1 general-purpose data processing
tasks without interfering with the monitor and control functions. Permanent and portable client
computers shall be supported via telephone line, cellular telephone adapter, and ethemet. Visibility into
all operational and management databases shall be provided as well as access to all report generation
capabilities.
2. PRODUCTS
Products described by these specifications are set up as a standard of quality and function. The term
"OR EQUIVALENT" shall apply only if the proposed equipment and software offers equal or superior
quality and function. The use of a manufacturer's name. model or catalog number is for the purpose of
establishing standards of quality, relhibility. perfonnance and versatilitY of the product. Products of
other manufacturers shall be considered. Proposed systems must be of a proven design, manufactured
specifically for water and wastewater applications, and have been commercially available for at least five
years. A track record of reliability from among multiple users must be demonstrated. Systems that have
been designed for other applications, and have been adapted for this project application, and/or systems
using general-purpose programmable logic controllers and third party software shall be unacceptable.
All products offered. whether compliant with t~e system specification or not. shall be supported by
descriptive literature. and diagrams. All schematics be released to the City in the event the manufacturer
is no longer capable of supporting the equipment. AU software source codes shall be provided on
Compact Disc (CD) and be kept on a safe deposit box. The City agrees the CD shall not be accessed
unless software manufacturer is no longer conducting business or no longer supports this software. (All
patents and copvrights shall be protected). AU equipment installed shall be new, unused and be
delivered in factory sealed containers. This information, along with a detailed block diagram showing
all system components shall be provided with the bid. Bidders failing to supply these items shall be
disqualified. It is the sole responsibility of the Owner to detennine the "EQUIVALENT" quality,
reliability, perfonnance and versatility of software and equipment that deviates from the Technical
Specification. Prior to award and within 10 days of request, the successful bidder shall be required to
perform a live test demonstration of all proposed hardware and software in a working radio based
system. The demonstration shall take place at the Owner's facilities.
3. GENERAL
The specified radio telemetry system can be described as a distributed intelligence system.
. Communications to and from the central site shall be accomplished by a licensed radio link. The remote
tennin~l unit equipment shall be housed in a single NEMA rated enclosure and powered by commercial
power. The remote monitor system shall be expandable to fulfill a wide variety of functions such as
digital input/output, analog input/output, automatic pump station control, and normal programmable
logic controller functions, e.g., Pill loops. An Uninterruptible Power Source (UPS) shall be an integral
part of the remote station equipment. In order to insure total system integration and single point
responsibility, the telemetry hardware and application software has been designed, manufactured by Data
Flow Systems, (DFS).
4. CENTRAL SITE EQUIPMENT
4.1 HYPER SERVER UNIT
The Hyper Server Unit (HSU) shall be a self-contained data collection and information server. It shall be
housed in a custom, wall-mounted box and use the DFS Modular Backplane for power distribution and
modularity. It shall utilize the standard DFS 100 W power supply and high capacity 7.2.AH battery. The
Hyper Server Unit shall contain the Hyper Server Module (HSM), which contains the CPU, modems,
and network interface. In addition to the HSM, the HSU shall contain a network interface hub, fiber
C:\ W I NOOWSI Temporary Internet FlieslOLKD 134\Chule Viste St:~ ,iiat/on .doc
4
optic converters, power supply unit, backup battery, and surge suppressers. The unit shall be wall
mounted in an air conditioned facility. The HSU shall be capable of simultaneously polling multiple
DFS Network Interface Modules (NIM), DFS Radio RTUs, and DFS Network RTUs. All remote
interfaces shall be Fiber Optic isolated to protect the unit from transient voltage damage. The HSU shall
provide dial-out capability for alarms, as well as dial-in access via remote computer or touch tone phone.
The HSU shall be compatible with any operating system and shall utilize the Internet browser Microsoft
Internet Explorer (IES) as the Man Machine Interface (MMI). Optionally, the HSU shall be capable of
fully redundant operation through the inclusion of a second Modular Backplane that contains an HSM,
power supply, battery, surge arrestor, Transient Filter Shield (TFS), fuses, and associated wiring.
The HSU shall connect to the Primary Computer System (with MMI) via network connection. This
network connection can be existing, or can provided with the system when both the HSU and Primary
Computer System are located inside the same building.
4.1.2 HYPER SERVER MODULE
The Hyper Server Module (HSM) shall be a Pentium-class computer housed on a DFS module card. The HSM's
CPU, the Hyper Server Unit (HSU), shall run the HyperTACII software on the Linux Operating System. The
HyperTAC11 software shall communicate with the system's RTUs via a network interface. It shall poll the RTUs
through the Central Terminal Unit (CTU). All user Interfaces to the HSM shall be through network or phone line
connection via Microsoft Internet Explorer IE5 (MMI). A voice-grade modem, which doubles as a data terminal
modem connection, shall be provided for voice alarm call-out, telemetry control and general status call-in, and
remote computer access via dial-up or network connection. An identical fully redundant Hyper Server shall be
provided and run parallel to fully back-up the primary and be capable of alternating on a regular basis. Local voice
alarm annunciation shall be accomplished through the use of an audio line-out (e.9., connection to a PA system or
amplified speakers). The PA feature shall be capable of being disabled by staff personnel. An alarm horn output
with a silencer and an alarm light output shall also be provided. Data backup shall be accomplished through the
network by defining a client computer and backup location. A button shall be provided to direct the CPU to shut
down. Status LEOs shall be provided to indicate CPU activity and system status. Configuration straps at the card
edge shall be provided to enable system-level configuration.
4.1.3 NETWORK INTERFACE MODULE
The Nétwork Interface Module (NIM) is a DOS-based module designed as a generic, network-interface
platform for use with the T AC IT telemetry system. The NIM functions as an interface between a 10base-
T Ethernet network and up to' fifteen function modules of any combination by using serial tunneling-
. converting network data to serial data and back again. By communicating via a network, the NIM is able
to pass data quickly and reliably. The server can complete a system polling loop in just 2-5 seconds, and
it can maintain this polling speed while conununicating - simultaneously - with up to 180 NIM-based
RTUs. The NIM plugs into the Radio Interface Module (RIM) slot of a Remote Tenninal Unit (RTU)
and provides the nonnal RIM functions of power supply, monitor, and control. The NIM can also be
used with a RIM, a Computer Interface Module(CIM), or other NIMs, or it can be used as a platfonn for
other devices, including fiber-optic media converters and network switches.
4.1.4 OPERATING SYSTEM
The Hyper Server Module shall utilize Red Hat Open Linux V6 or greater operating system.
4.1.5 TELEMETRY SOFTWARE
The Hyper Server Module shall utilize the Hyper TAC IT Telemetry Software. The Hyper T AC IT
protocol is specifically designed for use on a time-division-mutiplexed radio link. The protocol shall
support time tagged message structures to provide a minimum timing accuracy of + - 2 seconds. The
timing accuracy being defined as the difference in time from the time an event actually occurs to the time
actually logged in the system files. Each system shall be .required to poll ISO to 200 remote tennmal
units in less than 3 minutes. Any remote tenninal unit shall also have the capability of being utilized as
a digipeater for relaying messages from the central site computer to any remote tenninal wùt. The
response messages from the destination remote tenninal unit shall be digipeated to the central site
computer by the same remote tenninal unit that forwarded the message to the destination remote
terminal unit. All remote tenninal units shall have the digipeating capability. The mapping of the
C:\WINDOWS\Temporary Internet Files\OLKD134\Chula Vista SCADA Speclficatlon.doc
&-/1
5
digipeating shall be user-configurable fTom the central site computer or any of the workstations. The
communications driver shall support four (4) levels of digital repeating. This protocol shall support
sequential global polling (multiple remote tenninal units responding in sequence to a single poll). Any
data collected shall be capable of being easily utilized with SQL database software.
4.2 CONFIGURATIONS
4.2.1 SYSTEM PARTITIONING
The monitor and control applications software shall be supplied with system partitioning. The system
partitioning feature shall allow up to 8 independent telemetry systems to run concurrently on the main
computer and utilize one to four (4) concurrent communications drivers. Each user shall have all the
features mentioned in this specification for the RTUs assigned to that user only. Alanns, reports and
displays from RTUs assigned to one partition shall not be accessible to users in another partition. In
effect, the partitioning system shall appear to each partition user that they are the only user of the system.
All partitions shall have their own full function access to the auto dialer/voice/pagerfE~mail unit
functions. The system shall have 8 partitions.
4.2.2 COMMUNICATIONS DRIVERS
The system software shall have the capability to operate four (4) conCUITent communications drivers.
The user shall have the option of selecting which serial port is assigned to each driver. The system
software shall support the following drivers:
4.2.3 HYPER TAC II DRIVER
The Hyper TAC II communications driver shall utilize a protocol specifically designed for uSe on a time-division-mutiplexed
radio link The protocol shall support time tagged message structures to provide a minimwn timing accuracy of+ - 2 seconds.
The timing accuracy being defined as the difference in time trom the time an event actually occurs to the time actually logged
in the system files. Bidders must submit docwnentation that verifies tlùs feature. Each system will be required to poll 150 to
200 remote tenninal units in less than 3 minutes. Any remote teffiÚnal unit shall also have the capability of being utilized as a
digipeater for relaying messages trom the central site computer to any remote tenninal unit. The response messages from the
destination remote terminal unit shall be digipeated to the central site computer by the same rem.ote tenninal unit that
forwarded the message to the destination remote tenninal unit. All remote tenninal UtÙts shall have the digipeating capability.
The mapping of the digipeating shall be user-configurable from the central site computer or any of the workstations. The
connnwùcations driver shall support four (4) levels of digital repeating. This protocolshaU support sequential global polling
(l;11ultiple remote tenninal units responding in sequence to a single poll).
4.2.4 ASCII MODBUS
The ASell Modbus communications driver'shall utilize the industry standard ASell Modbus protocol.
4.2.5 RTU CONFIGURTIONS
Configuration of RTUs in the polling data base shall be accomplished through the use of fill-in-the-
blank questions. The configuration process shall offer the following options:
1. RTU (station) name
2. RTU number
3. Radio features
4. Priority of polling
5. Path of digital repeating through other R TUs
6. Type of I/O
7. Point name and characteristics
C:\WINDOWS\Temporary Internet Files\OLKD134\Chula Vista SCADA Speclfication.doc
~ -//1
G
4.2.6 REPORT SCHEDULER
The monitor and control applications software shall allow the user to configure scheduled reports with
the following options:
1. Hour of the day
2. Day of the week
3. Day of the month
4. Last day of the month
4.2.7 SYSTEM USER CONFIGURATION
The monitor and control applications software shall allow user configurations with password protection
for control functions, acknowledgment functions, shutdown functions, and configuration functions.
4.3 VIEWERS
4.3.1 GRAPHIC SCREEN VIEWER
The monitor and control applications software shall allow the user to view the animated graphical
screens. The HMI required to view these screens shall be an internet browser. The browser shall be
Microsoft Internet Explorer (IE5). The user shall. be able to sign onto the system fÌ"om any
workstation(s) connected to the central site computer system through a network or phone line
connection. The system shall be provided with all the software and licenses to allow unlimited
concurrent users to be signed on to the monitor and control system software.
4.3.2 DEFAULT SCREEN VIEWER
The monitor and control applications software shall automatically generate default viewing screens for
each RTU. The default viewing screens shall present all the monitor and control points configured for a
RTD. Digital input and output points shall have their status displayed. Analog values shall have their
status displayed in text and bar graph fonnat.
4.3.3 COMPOSITE TEXT SCREEN VIEWER
A color, self-configuring screen shall be automatically generated when the site is configured. These
screens shall display monitor and control points in real-time. Additional custom-configured screens
shall have the capability of displaying data from different sites on the same screen. The user shall have
the capability to configure any of the composite screen displays from any of the workstations/tenninals.
4.3.4 TREND VIEWER
The monitor and control applications software shall allow the user to view trends of collected values.
The trend viewer shall display four (4) variables on the same time/value axis simultaneously. For each
entry in the display list, the operator shall be able to assign a given point name and color.
A movable, vertical line shall act as a time cursor on the display, This cursor can be moved by dragging
the line to the left or right. The line shall select a particular date and time that colTesponds with the
values displayed at the right of the screen. The trend viewer shall be updated as the data anives from the
RTUs.
4.3.5 ALARM VIEWER
The system shall have an alann display function. The alarm display shall allow the user to sort the
alarms by:
1. Time of day.
2. RTU address.
3. Point name.
4. AI ann
5. User acknowledge.
C:\WINDOWS\Temporary Internet Flles\OlKD134\Chula Vista SCADA Speclflcation.doc
&-/~O
7
6. AckJlO\vledge time.
The system alarm display shall present all alarms that are still unresplved, acknowledged or not, and all
alarms that are resolved and unacknowledged and. The system shall be configurable to re-alann
acknowledged but unresolved.
4.3.6 LOG VIEWER
The log report shall display, print or write to a file, depending on the operator request, a complete log of
significant activity that has occurred during the period specified by the operator. The operator shall have
the option of specifying the time period between two dates, between two times of a previous date or
between two hours of the current date. The system shall allow the operator to enter items into the
operations log through the keyboard on the video terminal. The manually entered log entries shall
automatically be time-dated. The operator shall have the option of filtering the entries of the report
before display or printing. Filtering for each of the types of entries shall be offered.
4.4 REPORTS (PRE-CONFIGURED)
4.4.1 DETAIL REPORT
The detail report shall display, print or write to a file, depending on the operator request, a list of all
activity at a given remote terminal unit or a group of remote terminal units for the period of time
specified by the operator. The operator shall be able to specify a text file fonnat (.tx:t) or a spreadsheet
file fonnat (.csv) and specify the report for one station, a group of stations, or all the stations in the
system. This report shall be generated for the period of time specified by the operator. The operator
shall have the option of specifying:
1. The time period between two previous dates.
2. The time period between two timGS of a previous date.
3. The time period between two times .of the CUITent date.
The detail report program shall also allow the operator to specify:
1. All the points at a remotetenninal unit.
2. All the points on a module at a remote terminal unit.
3. A specific point atthe remote tenninal unit.
4. All the points in a defined grouping.
This report shall include:
1. The name of the point as specified by the user.
2. The state or analog value ofthe point.
3. The time the point made the transition to the state or analog value.
4. Every point state change or analog value change for the period of time specified.
The detail report time-stamp shall be within +- 2 seconds of the actual occurrence and not time of
reception of message from the remote terminal unit.
4.4.2 DERIVED FLOW REPORT
The derived flow report shall display, print or write to a file, depending on the operator request, the
number of pump cycles and the derived, (calculated) inflow rate, outflow rate and total flow for a
specified period of time. The operator shall be able to spec.ify a text file format (.txt) or a.spreadsheet
file format (.csv) and specify the report for one station, a group of stations, or all the stations in the
system. The derived flow report shall provide:
1. The number of cycles of lift station pumps for the specified time period.
2. The average inflow for the specified time period in GPM or MGD.
3. The average outflow for the specified time period in GPM -or MGD.
4. The total flow for the specified time period in gallons or MGD.
The operator shall also be able to specify the period of time of the report. The operator shall have the
option of specifying:
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Specification. doc
~- /;;¿l
8
1. The time period between two previous dates.
2. The time period between two times of a previous date.
3. The time period between two times of the current date.
Derived flows calculated using pump capacities and run times are not acceptable because of the
inaccuracy created by different head pressures. Derived flow calculations must use the fill the bucket
method of calculating the flows, or have and utilize installed flow meters.
4.4.3 TRANSITION REPORT (RUNTIME)
The transition report shall display, print or write to a file, depending on the operator request:
1. The number of cycles of the monitored function for the specified time period.
2. The average cycle of the monitored function for the specified time period.
3. The total on time of the monitored point for the specified time period.
The operator shall have the option of specifying the report for one or all the stations in the system. The
operator shall be able to specify a text file format (.txt) or a spreadsheet file fonnat (.csv) and specify the
report for one'station, a group of stations, or all the stations in the system. This report shall be generated
for the period of time specified by the operator. The operator shall have the option of specifying:
1. The time period between two previous dates.
2. The time period between two times of a previous date.
3. The time period between two times of the cun-ent date.
4.4.4 PULSE REPORT
The pulse report shall display, print or write to a file, depending on the operator request, the configured
unit of measurement for each configured pulse accumulation point. The operator shall have the option
of specifying the report for one or all the stations in the system. The transition report shall display, print
or write to a file, depending on the operator request:
1. The number of cycles of the monitored function for the specified time period.
2. The average cycle of the monitored function for the specified time period.
3. The total on .time of the monitored point for the specified time period.
The operator shall have the option of specifying the report for one or all the stations in the system. The
operator shall be able to specify a text file fonnat (.txt) or a spread~heet file fonnat (.csv) and specify the
report for one station, a group of stations, or all the stations in the system. This report shall be generated
. for the period of time specified by the operator. The operator shall have the option of specifying:
1. The time period between two previous dates.
2. The time period between two times of a previous date.
3. The time period between two times of the CUlTent date.
4.4.5 ANALOG REPORT
The total flow report shall display, print or write to a file, depending on the operator request:
1. The total time the device was enabled for the specified time period.
2. The average value in engineering units for the specified time period
3. The minimum value in engineering units for the specified time period.
4. The maximum value in engineering units for the specified time period.
5. The totalized value in engineering units for the specified time period.
The operator shall have the option of specifying the report for one or all the stations in the system. The
operator shall be able to specify a text file format (.txt) or a spreadsheet file fonnat (.csv) and specify the
report for one station, a group of stations, or all the stations in the system. This report shall be generated
for the period of time specified by the operator. The operator shall have the option of specifying:
1. The time period between two previous dates.
2. The time period between two times of a previous date.
3. The time period between two times of the current date.
C:\WINDOWS\Temporary Internet Files\OLKD134\Chula Vista SCADA Specification.doc
, ~
-I
9
4.4.6 RADIO ERROR REPORT
The radio error report shall display, print or write to a file, depending on the operator request, a totalized
list of all radio error messages classified as follows:
1. No responses fÌom a poll.
2. Aborted responses ITom a poll.
3. Bad responses fÌom a poll.
4. Total error count.
5. The current status of the radio link to each remote terminal unit.
6. The total number of times the remote terminal unit was off-line.
7. The total time period the remote terminal unit was off-line.
The operator shall be able to specify a text file format (.txt) or a spreadsheet file format (.csv) and
specify the report for one station, a group of stations, or all the stations in the system. The operator shall
also be able to display all messages in error and display the real-time radio traffic.
4.5 CUSTOM REPORTS
Custom reports shall be generated through the use of spreadsheet. The system software shall support
exporting of data in a spreadsheet format.
4.6 TOOLS
4.6.1 RTU BATTERY TEST
The system shall provide the capability of full load testing the RTU batteries from the central site or
remote workstations.
4.6.2 REDUNDANT RADIO SWITCHING
The system shall provide the capability of having redundant central site radio equipment. The system
shall offer the user the capability of having the central site radio equipment to switch automatically when
the communications errors percentage reaches a configurable level. The system shall also allow the user
the option of switching between the redundant radios automatically every 24 hours.
4.6.3 PERFORMANCE MONITOR
The system shall provide the user with a display of the performance of the communications. The display
shall present the minimum poll time, the maximum poll time and the average poll time.
4.6.4 MANUAL POINT CONTROL
The system shall provide the user with a fill in the blank screen to manually-control a digital or analog
point without utilizing the graphical screen interface. The system shall verify that the digital or analog
value has been activated.
4.6.5' RADIO TRAFFIC MONITOR
The system shall provide the user with a screen to monitor the communications between the central site
and all the RTUs.
4.6.6 GRAPHIC CREATION AND ANIMATION
A. The system shall provide an interactive editor that allows creation of graphic displays using a
pointing device. The graphic package shall be object-based and must support a minimum of 48
colors. Asa minimum, the following object drawings tools shall be supported;
1. Rectangle!S quare/P ò lygon
2. Ellipse/Circle
3. Line
C:\WINDOWS\Temporary Internet Files\OLKD134\Chula Vista SCADA Speclficatlon.doc
~ "w 1~~3
10
B. The graphics system shall allow the importation of bit-map type displays. Once imported, these
pictures shall be treated as a single object. The system shall also support conversion and import of
vector graphic displays from packages such as Autocad (via export) or Corel Draw.
C. Each display shall have the ability to dynamically update elements in the picture. Defining the
method for dynamic update shall be determined by a point and click or typed command. The
animation module shall also include a predefined list of dynamic link elements which should
include, but not be limited to:
1. Data Link Displays alphanumeric values
2. Time Link Displays current time
3. Date Link Displays current date
4. Alarm Summary Link Displays current alarm infonnation
5. Multi-pen Trend Link Displays up to (4) real-time trends
D. Dynamic properties which may be assigned to an object or group of objects shall include the
following:
1. Color
2. Foreground Color
3. Edge Color
4. Background Color
5. Fill Percentage
6. Position
7. Horizontal (X)
8. Vertical (Y)
E. The system shall save a descriptive message with a time stamp, on the system disk drive whenever
any of the following occurs:
1. Alarm condition occurs
2. Alarm condition is acknowledged (by user)
3. Stopping the system
4. Starting the system
5. A configuration is made or changed (by user)
6. A phone calVpagelE mail for an alarm condition occurs (number called/paged)
7. A R TU or module has a complete communications failure
4.7 ON LINE HELP
The system shall provide an on-line "HELP" function. This function shall provide content relevant to
the point of request. This "HELP" function shall be accessible from all workstationltenninals.
4.8 AUTODIALNOICEIPAGERIE MAIL
The monitor and control system software shall provide local audio and automatic dialing to telephone
anq. pages. The software shall also support the sending of E mail messages. The user shall have the
freedom to select . any or a combination of all methods to announce alann conditions on a .point by point
basis. As a minimum the software shall provide the following functions for each of the system
partitions:
1. Number Configuration - Users can add or delete phone numbers from the "numbers to be
dialed list". A minimum of 8 phone numbers shall be supported. Each phone number shall
have an associated 4 digit ID code for proper acknowledgment of alarms.
2. Voice Message Generation - Users can record a different voice message or text string for
each alann or monitored point in the system. The voice messages shall be digitized voice
stored on the hard disk. The voice and text messages shall be completely user~configurable
and not rely on an existing fixed vocabulary.
3. Automatic DialìngIVoice -Upon alann detection, the system shall start dialing the first phone
number. When the phone is answered the unit shall identify itself and ask for the ill number.
C:\WINDOWS\Temporary Internet F/les\OLKD134\Chula Vista SCADA Speciflcation.doc
~-/
I 11
The called party shall be required to enter an ill number through the touch-tone keypad on
the telephone. Upon detection of a correct ID number, the voice .unit shall announce the
alarm message(s). The called party shall have the capability of acknowledging the alanns
through the use of the touch-tone keypad. The unit shall proceed to the next number if
correct ill is not received after three tries.
4. Paging - Upon alarm detection, the system shall start dialing the first number to be paged.
Upon detecting an answer by the paging system, the system shall provide a standard Alphi
message to be sent by the pager. The system shall continue to send the page at config1Jrable
intervals as long as the alarm condition exist. (FUTURE)
5. E Mail - Upon alarm detection the system shall compile an E mail message and send it to the
user selectable address. (FUTURE)
6. Message Playback - A function shall be provided to locally play any voice message, display
any pager or E mail message for test purposes.
Alarm Response Delay - The response delay shall allow the alarms to be acknowledged locally before
th~ dialing sequence is started. The alann response delay shall be user-configurable ftom I to 30
mInutes.
4.9 VOICE CALL-IN STATUS
The monitor and control system software shall provide call-in alarm and status ftmctions. The user shall
be able to dial into the system through a standard telephone and by entering the proper codes through the
keypad on the telephone receive the alann status and/or the status of a RTU.
4.10. FLOW EQUALIZATION ALGORITHM
All bidders must use a technology, technique or methodology to coordinate wastewater pump station
operation to equalize or normalize the pressure and flow in a pressurized wastewater collection system.
4.11 OVERFLOW PREVENTIONffiELA Y ALGORITHM
All bidders must use a technology, teclmique or methodology to delay a wastewater pump station £Tom
overflowing in the event of equipment or power failures.
5. PRIMARY COMPUTER SYSTEM
The "Primary Computer System" shall consist of the following minimum specifications: Pentium-class
with minimum 1 GHz Processor, 256 ME RAM, 20 GB Hard Drive. CD-ROM, RWCD-ROM,I.44 MB
floppy disk drive. Network Adapter. Dual Display 32 ME (Or Better) Video Accelerator WlFull 3D
Acceleration. 56K Modem. Sound Card w/Speakers, Keyboard, Mouse, pual 17" Flat Scryen Color
Monitors, MS Windows ..2000 (or NT), MS Office Premium and Microsoft Internet Explorer IE5 (MMI).
Additional «Client Computers" shall be suPPóJied and there shall be no additional cost for client-
licenses. The system shall support an unlimited number of concurrent client users.
6. CENTRAL SITE RADIO COMMUNICATIONS EQUIPMENT
The system communications shall be configured in a star network with the central site at the hub. The
central site shall communicate with the remote sites through a poll-and-acknowledge technique. The
communications link shall be radio communicating over licensed ftequency. .
6.1 POWER SUPPLY
The central site power supply shall have the same specifications and be interchangable with the power
supply utilized in the remote terminal units as specified in this document.
6.2 RADIO
The centrål site radio shall have the same specification and be interchangeable with the radio utilized in
the remote terminal units as specified in this document.
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Specification. doc
t/;-/~5
12
6.3 CO~1PUTERINTERFACE
The central site radio shall interface with the Hyper Server Unit through a fiber optic link. Metallic
connections between central site radio shall interface with the Hyper Server Unit shall not be utilized.
6.4 ENCLOSURES
The central site power supply, radio, and fiber optic computer interface shall be housed in a NEMA 4X
316 stainless steel enclosure, acid-dipped and painted white. The enclosure shall be capable of being
locked. All mounting hardware utilized to mount the enclosures to the tower shall be stainless steeL
6.5 CENTRAL SITE ANTENNA
A high gain directional or omni-type antenna shall be used to transmit and receive data at the central site.
When an antenna mast/pole is utilized, it shall be hot dipped galvanized for corrosion protection. All
mounting hardware shall be made of stainless steel. The mast shall meet or exceed the quality and
reliability of the AG20 manufactured by Rohn. The coax cable shall be the type that utilizes an inert
semi-liquid compound to flood the copper braid. The coax cable shall be of the RG-8 construction type
and have the RF loss characteristic of foam flex. The coax cable shall meet or exceed the quality,
reliability and performance ofRTC 400 as supplied by Data Flow Systems, Inc. of Melbourne, Florida.
Type N connectors shall be utilized at both ends of the coax. The Type N connectors shall be sealed
with 3 inch sections of Alpha FIT321-1-0 sealant shrink tubing. The coax cable shall be secured to the
mast/pole with E.v.A.-coated 316 stainless steel cable ties. The cable ties shall meet or exceed the
quality, reliability and performance of AEl12 cable ties manufactured by Band-It. The RTU shall be
protected from electrical surge or transients entering through the coaxial cable by use of a coaxial cable
surge protector. The unit shall meet or exceed the quality, reliability and perfonnance of the IS-B50LN-
C2 manufactured by Polyphaser. The directional antennas shall have all welded alwninum elements,
and a single radiator element connected to a type N female connector. Element connections utilizing
nuts and bolts are not acceptable. The antennas shall meet or exceed the quality, reliability and
performance of the CT A, LAA, and R T A series as provided by Data Flow Systems, Inc. of Melbourne,
Florida.
7. FORWARDING TERMINAL UNIT (IF APPLICABLE)
The FolWarding Terminal Unit (FTU) shall be a microcomputer-based data collection and dissemination
subsystem. The FTU communicates with the central transceiver unit (CTU) and remote tenninal UIÙts
(R TV) via two-way radio links. Two separate frequencies are required. The FTU ftmctions similar to a
radio system repeater, accepting and forwarding messages between the CTU and RTUs. However, when
geographically appropriate, RTUs shall be able to communicate directly with the CTU, bypassing the
FTU altogether. The FTU shall be transparent, allowing the digipeating feature to remain functional
when an FTU is utilized. The architectural design of the Fro shall be'similar to that of the RID, having
a passive backplane, radio interface unites), power supply and antenna(s). The FTU shall have the
capability of acting as an RTU and accommodate up to three input/output modules so that functions
specific to its location can be monitored and/or controlled. The addition of an FTU shall not require the
Use ofa second communications' driver, unless a second central transceiver unit is utilized.
8. REMOTE TERMINAL UNIT
The remote tenninal unit shall be a microcomputer-based data collection and dissemination subsystem.
The remote tenninal unit shall communicate with the central site (or forwarding tenninal unit) via a two-
way radio link and shall be designed to accommodate plug-in function modules. Function module card
connectors shall be gold-over-nickel plated to inhibit corrosion. The system shall be capable. of being
outfitted, at any time, with RTUs capable of being configured with up to fifteen (15) function modules
per RTU, with no software or finnware changes to the system. All sheet metal utilized inside the
enclosure shall be anodized. An interlock system shall be provided to prevent the removal of function
modules with the power applied. The RTUs shall be enclosed in a white NEMA rated enclosure. The
RTUs shall meet or exceed tþe quality, reliability, perfonnance and ~ersatility of those manufactured by
Data Flow Systems, Inc. of Melbourne, Florida.
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Speclficatlon.doc
/,-1
13
8.1 SERVICE PORT
The remote terminal unit shall support a local serial interface. The local serial interface shall provide
local access to all the functions of the remote terminal unit. The local serial interface shall support the
monitoring of the radio conmmnications linle The system shall support an automatic antenna alignment
functions utilizing the local serial interface.
8.2 PO'VER SUPPLY
All function modules in the remote tenninal unit shall run off DC voltage from +7.5 volts to + 13 volts.
The power supply module shall supply + 12 volts. A battery backup shall be provided to operate the
system for a minimunl of 120 minutes in event of power failure. The power supply shall be surge
protected. The power supply shall be short circuit protected by current limiting. Normal operation shall
automatically resume when the short circuit overload is removed The power supply shall be sized to
operate the system with the battery removed. The power supply module shall provide a battery backed,
isolated bias voltage source. The isolated bias voltage source shall be utilized to monitor the high well
alarm so as to make sure the a1ann is detected and reported during power outages. The circuit breaker
for the power supply module shall be part of the power supply module. Neither the use of tools nor the
disconnection of any wires shall be required to replace the power supply module.
8.2.1 SURGE PROTECTION
Multiple staged surge protection shall be provided for all power supply and power monitoring circuits.
One stage of protection shall be equipped with both energy limiting and clamping circuits with slow
blow fuses designed for overload conditions. This design shall provide a very high level of non-
destructive transient immunity. With the exception of a direct lightning strike, the device shall protect
the RTU power supply and power monitoring circuits from damage due to voltage transients. The unit
shall provide circuit protection to withstand multiple transients in excess. of 6500 volts, 3250 amps,
without damage. Damage shall be limited to a blown fuse when exposed to larger transients. The
device shall be transient-tested to ANSI standard C62.41. The unit shall meet or exceed the quality,
reliability and performance of the Transient Filter Shield TFSOOI as manufactured by Data Flow
Systems. The AC power input pro'tection shall meet or exceed the quality, reliability and performance of
the Single Phase Suppresser, SPSOOI (or, if three phase power is in use, the Three Phase Suppresser,
TPSOOI) as manufactured by Data Flow Systems.
8.3 BATTE RlES
The remote terminal unit shall have the uninterruptible power source function built in. The power
supply shall keep batteries at a float charge. The batteries shall not be damaged by deep discharges.
8.4 FUNCTION MODULES
The function modules shall be designed so they do not have configuration switches or straps and may be
easily added in the future. The function modules shall be designed with surge suppression on all inputs
and outputs.' The function module card edge connector fingers. shall be gold-over-nickel-over-copper
plated to inhibit corrosion. Replacement of a function module shall not require the use of tools or the
removal of any interface wires. There shall be no components associated with the function module
mounted to the motherboard (passive backplane). All the function modules shall support central site
computer access to the revision level of the module.
8.4.1 RADIO INTERFACE MODULE
.
Each remote terminal unit shall require one radio interface module. This module shall control the
tenninal radio during the polling sequence. . The radio interface module shall have a service port to
provide communications link monitoring. The service port shall also provide the capability to directly
monitor and/or control each module in the remote terminal unit. The radio interface module utilized at
the remote tenninal units shall be interchangeable with the radio interface module at the central site.
The system shall be capable of utilizing up to 505 radio interface modules per communications link and
up to 15 function modules per radio interface module. All communications shall be in ASCn and utilize
an error detecting and correction data transfer protocol. Each radio interface module shall have a radio
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Specification. doc
/,-1
14
transceiver mounted to it. The radio shalJ be an FM transceiver. The radio interface module shall
measure and transmit to the central site computer system the received signal strength (RSS).
Replacement of the radio interface module shall trigger an automatic configuration of the new module to
accommodate the site address and function (plug & play).
8.4.2 DIGITAL MONITOR MODULE
The digital monitor module shal1 accept 12 on/off or pulsed inputs of 12 to 30 volts AC or Dc. Voltages
from 100 to 300 volts AC or DC shall be acconunodated with the use of an inline voltage converter
device. Status reporting of the digital inputs shall have an accuracy of +- 2 seconds, the accuracy being
defined as time of an occurrence to actual time recorded by the central site computer. The digital
monitor module shall not require interfacing relays to monitor 24 VDC, 115 V AC, 220 V AC or 480
V AC. The digital monitor module shall have LEDs to indicate: the status of each input point; receive
communications; transmit communications; CPU fault; and power status. The configuration of the
monitor points as alann points, monitor points (pump run time monitors), or pulsed input points shall be
operator changeable. The custom configuration of the digital monitor module shall not require any
software or firmware changes in the remote terminal W1Ít. Replacement of the digital monitor module
shall trigger an automatic configuration of the new module by the central site computer (plug & play).
8.4.3 DIGITAL CONTROL MODULE
The digital control module shall provide for remote control of 8 independent 60 to 280 volt AC devices.
The control relays shall be solid state devices with zero crossover detection. Each control point shall be
capable of driving a .5 amp. load @ 280 volts AC (140 VA), with inrush current of 5 amps. The control
module shall have the configurable capability to automatically shut down all outputs in the case of a
power loss on anyone of three phases. Operator intervention shall be required to restart a control point
after a phase loss shutdown. Any discrete control point shall have the capability of being automatically
controlled by any discrete monitor point, at the same RTU' ór at any other RTU. This shall be
accomplished during configuration at the central site computer system and shall be available for an
unlimited number of control points. The digital control module shall have LEDs to indicate: the status
of each output point; receive communications; transmit commW1Ícations;CPU fault; and power status.
Replacement of the digital control module shall trigger an automatic configuration of the new module by
the central site computer (plug & play).
8.4.4 DIGITAL CONTROLIMONITOR MODULE
The digital control/monitor module shall provide for remote contTol of four (4) independent 60 to 280
volt AC devices. The control relays shall be solid state devices with zero crossover detection. Each
control point shall be capable of driving a .5 amp load @ 280 volts AC (140 VA), with inrush current of
5 amps. Any discrete control point shall have the capability of being automatically controlled by any
discrete moIÚtor point, at the same RTU or at any other RTU. This shall be accomplished during
configuration at the central site computer system and shall be available for an unlimited number of
control points. The digital controVmonitor module shall also accept eight (8) ON/OFF inputs of 12 to 30
volts AC or DC. Voltages from 100 to 300 Volts AC or DC shall be accommodated with the use of an
inline voltage converter device. Status reporting of these inputs shall have an accuracy of +- 2 seconds -
accuracy being defIned as time of an occurrence to actual time recorded by the central site computer.
The module shall not require interfacing relays to monitor 24 VDC, 115 V AC, 220 V AC or 480 V AC.
The configuration of the monitor points as alarm points or monitor points (pump run time monitors)
shall be operator selectable. The configuration shall not require any software of firmware changes in the
. system. The digital control/monitor module shall have LEDs to indicate: the status of each output point;
the status of each input point; receive communications; transmit communications; CPU fault; and power
status. Replacement of the digital controVmonitor module shall trigger an automatic configuration of the
new module by the central site computer (plug & play).
8.4.5 ANALOG MONITOR MODULE
The analog monitor module'shall monitor up to 4 analog inputs. The analog monitor module shall be
capable of accepting 4-20 ma or 0-5 VDC on each of the inputs. The analog input shall have 12 bit
accuracy. The analog monitor module shall have support~configurable reporting granularity and alann
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Speciflcation.doc
t ø/;;'l
15
thresholds. The configuration parameters shall be downloaded over the radio link from the central site
computer. All the analog monitor module-configurable parameters shall be operator-controlled, The
analog monitor module shall have 4 qualifier inputs to prevent alarms during conditions when alanns are
not valid. The analog monitor module shall have LEDs to indicate: the status of each qualifier input
point; receive communications; transmit communications; CPU fault; and power status. Software or
finnware modifications to support the configuration shall not be accepted. The analog monitor module
shall supply a 24 VDC power source for the 4-20 ma. loops. Replacement of the analog monitor module
shall trigger an automatic configuration of the new module by the central site computer (plug & play),
8.4.6 ANALOG CONTROL MODULE
The analog control module shall control up to 4 analog outputs. The analog control module shall be
capable of producing 4-20 ma on each of the outputs, driving a 0 to 1000 ohm load. The analog output
shall have 12-bit accuracy. Each analog control output shall have configurable engineering units, All
the analog control module configurable parameters shall be operator controlled. The analog control
module shall have LEDs to indicate: receive communications; transllÙt communications; CPU fault; and
power status. Any analog control point shall have the capability of being automatically controlled by
any analog monitor point, at the same RTU or at any other RTu. This shall be accomplished during
configuration at the central site computer system and shall be available for an unlimited number of
control points. Software or finnware modifications to support the configuration shall not be accepted.
The analog control module shall supply a 24 VDC power source for the 4-20 ma. loops. Replacement of
the analog control module shall trigger an automatic configuration of the new module by the central site
computer (plug & play).
8.4.7 PROGRAMMABLE LOGIC CONTROLLER (PLC) MODULE
The PLC module shall be a microprocessor controlled unit designed for use with the telemetry I/O
modules. The program shall be in fudustrial BASIC and reside in non-volatile EEPROM memory. The
PLC module shall be capable of utilizing 15 local I/O modules and 15 remote modules (modules located
in other RTUs) in the control algorithm. The PLC module shall have a minimum 0£32 Kbytes of
erasable programmable memory (EPROM), 32 Kbytes of random access memory (RAM) 32 Kbytes of
electrically erasable programmable memory (EEPROM), providing 20 Kbytes of basic program/data
memory. The PLC module shall also support battery backed clock/calendar functions. A serial port
shall be provided to load programs from.a portable computer. The unit shall have no adjustment
switches Or jumpers. The PLC module shall support central site downloading of the control program.
8.4.8 PUMP CONTROL UNIT
.
The pump control unit shall be a llÙcroprocessor-based multi-pump controller module designed for use
with the telemetry systems. As a minimum the pump control unit shall have the following features:
1. Local automatic control from float, bubbler, transducer, or ultrasonic inputs. All the
electronics for each type of input shall be included in the PCu.
2. Local manual control provided by ROA switches. The ROA switches shall be fail safe and
operate in the OFF and HAND position without power. ROA Switch Alanns shall be
reported back to central site computer. Alanns shall indicate that an ROA switch has been
left in the HAND or OFF position.
'3. Remote control from the central site computer shall provide individual pump ovenides and
disables, station and alann disables:
4. TriplexlDuplexlSimplex configurable. The module shall have the capability of being
configured for one, two or three pumps.
5. Pump alternation function shall be provided. Alternation around non-operational pumps
shall be provided.
6. An on-board 240 V AC three-phase monitor shall be provided, The phase monitor shall be
transfonner-isolated and detect loss of phase, phase reversal, low phase and high phase faults,
C:\WINOOWS\Temporary Internet Flles\OLKO134\Chula Vista SCAOA Specification.doc
¡, -/;;'/1,
16
All phase monitor adjustments shall be adjustable from the keyboard. Phase voltages from
phase A to B and from phase A to C shall be transmitted to the central site computer.
7. The PCU shall be easily replaced by removing two industry standard tenninal connectors.
8. Alann light and bell outputs capable of driving 120 V AC loads to 1 amp.
9. Local input for alann silence switch.
10. Remote alann bell and light disable from central site computer.
II. Float alann reporting back to central site computer when floats are operating out of sequence.
In the float mode each float position shall be transmitted to the central computer.
12. The PCU shall utilize a 16-character display to provide the operators with the elapsed
runtime of each pump, the average runtime of each pump, the flow of each pump, the flow of
the station and the time of day.
13. Pumps/Starter/Breaker Fault alarms shall be reported back to central site computer. The
alarms shall be activated when a pwnp is called to run, but fails to run, or if the pump is
turned off by the PCU, but continues to run.
14. Pump run status shall be reported back to central site computer. Pump run times recorded
with 2-second accuracy.
15. Configuration parameters shall be adjustable through the front mounted keypad or a RS-232
service port.
16. Redundancy of level sensing devices shall be supported.
AIl inputs and outputs shall be optically or magnetically isolated and surge suppressed.
8.4.9 SUPERVISORY CONTROL UNIT
The supervisory control unit shall be a microprocessor-based telemetry/controller designed for use with
the telemetry systems. As a minimwn, the supervisory control unit shall have the following features:
1. 12 digital inputs.
2. LDca1 manual control provided by HOA switches. The HOA switches shall be fail safe and
operate in the OFF and HAND position without power.
3. Remote control from the central site computer shall provide individual control ovenides and
disables.
4. 4 digital control outputs.
5. 2 analog inputs with 12 bit accuracy.
6. An on-boarø 240 V AC three phase monitor shall be provided. The phase monitor shall be
transfonner-isolated and detect loss of phase, phase reversal, low phase and high phase faults.
All phase monitor adjustments shall be adjustable ftom the keyboard. Phase voltages from
phase A to B and from phase A to C shall be transmitted to the central site computer.
7. The SCU shall be easily replaced by removing two industry standard tenninal connectors.
8. The S CU shall utilize a 16 character display to provide the operators interface.
9. Configuration parameters shall be adjustable through the ftont mounted keypad or a S-232
serVice port.
8.5 BACKPACK RADIO
The BackPack Radio shall be a microprocessor-controlled unit that functions as the interface between
the Pump Control Unit or the. Supervisory Control Unit and the central site equipment. The wùt shall
house the radio transceiver and associated electronics to allow the Pump Control Unit or the Supervisory
Control Unit to communicate with central site. The BackPack Radio shall mount directly to the Pump
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Specificatlon.doc
(,-1 0
17
Control Unit or Supervisory Control Unit using four captive screws. As a minimum the backpack radio
shall have the following features:
1. Environmentally sealed! coITosion resistant enclosure.
2. Confoffi1al coated PC Board.
3. Surge protected radio power.
4. On board communications and functional firmware.
5. Watchdog Timer.
6. On board voltage regulation and radio power supply control.
7. RS-232 service port.
8. LEDs on test mode, power, transmit data, receive data, and CPU failure.
9. Test mode switch for radio service.
10. Radio current, receiver sensitivity and operating temperature are monitored for system
diagnostics.
11. Unit removable without disturbing field wiring or configuration jumpers.
8.6 ANTENNA SUBSYSTEM
A high gain directional or omni-type antenna shall be used to transmit and receive data at the Remote
Terminal Units. When an antenna mast/pole is utilized, it shall be hot dipped galvanized for cOITosion
protection. All mounting hardware shall be made of stainless steel. The mast shall meet or exceed the
quality and reliability of the AG20 manufactured by Rohn. The coax cable shall be the type that utilizes
. an inert semi-liquid compoUnd to flood the copper braid. The coax cable shall be of the RG-8
construction type and have the RF loss characteristic of foam flex. The coax cable shall meet or exceed
the quality, reliability and performance ofRTC 400 as supplied by Data Flow Systems, me. of
Melbourne, Florida. Type N connectors shall be utilized at both ends of the eoax~ The Type N
eolUlectors shall be sealed with 3 inch sections of Alpha FIT321-1-0 sealant shrink tubing. The coax
cable shall be secured to the mast/pole with E. Y.A.-coated 316 stainless steel cable ties. The cable ties
shall meet or exceed the quality, reliability and performance of AEl12 cable ties manufactured by Band-
It. The RTU shall be protected ITom electrical surge or transients entering through the coaxial cable by
use of a coaxial cable surge protector. The unit shall meet or exceed the quality, reliability and
performance of the IS-B50LN-C2 manufactured by Polyphaser. The directional antennas shall have all
welded aluminum elements, and a single radiator element connected to a type N female connector.
Element connections utilizing nuts and bolts are not acceptable. The antennas shall meet or exceed the
quality, reliability and performance of the RT A and LAA series as provided by Data Flow Systems, Inc,
of Melbourne, Florida.
8.7 ENCLOSURES
RTUs shall be housed in white NEMA rated enclosures. Enclosures shall be sized to accommodate the
plug-in modules needed to meet the requirements. All mounting hardware utilized shall be stainless
steel. The enclosure shall be capable of being locked. The latches utilized to secure the door of each
. enclosure shall not require the use of a screw driver to open or close.
9. WARRANTY
.
. The system supplier shall warrant all hardware and telemetry software provided under this contract
against all defects in material and workmanship for a period of one year. The system supplier shall
WatTant the telemetry software to be free of defects for as long as it is in operation by the owner. The
syStem supillier shal.l&so provi.,de free upq.ates to tIDs software ~fe of tþe system. The function
modules utilized in the remote terminal units shall caDy an additional 2 year retum-to- factory warranty.
The 2 year retum-to-factory warranty shall cover damage due to lightning.
10. SERVICE
The system supplier shall offer full factory support of the installed system through the use of factory
employees or factory trained representatives. The customer shall have 24 hour per day access to service
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula Vista SCADA Speclficatlon.doc
{PI I
"'" I
18
personnel through the use of a pager. Free factory phone suppon shalI be obtained during nonnal
working hours. After hours suppon shall have a nominal charge,
11. TRAINING
The following tabulation indicates the required minimum training provided.
One full (8 hour) day at the owners facility during the time of system stan-up,
One full (8 hour) day 2 to 3 weeks after system stan-up.
Free training shall be offered at the contractors facility for the life of the system,
12. SPARES
One spare circuit board of each type utilized in central site communications equipment and the remote
t.enninal unit shall be supplied. Any that cannot be delivered within a 24 hour period shall have 2 (two)
spares supplied.
13. RADIO FREQUENCY
The telemetry equipment supplier shall obtain a FCC licensees) for the owner to operate the remote
tenninal units. The telemetry equipment supplier shall perform a radio survey and submit all the
necessary [onus to obtain the license for the owner. The telemetry equipment supplier shall pay for all
fees. The new licensed frequency shall be isolated from the nearest user on the same frequency by a
minimum of 75 miles for 900 MHz, 100 miles for UHF and 250 miles for VHF. The supplier shall
guarantee that the frequency obtained is free from interference for a period of two years. Should the
supplied frequency have communications problems from interference or during this warranty period, the
system supplier shall, at no cost to the owner:
1. Obtain a new license for a ftequency without the interference problems.
2. Reprogram and/or replace the radios to operate on the new ftequency.
3. Replace the antennas if the new frequency is in another band.
The system provider shalf pay for alf fees in modifying the existing frequency or obtaining a new frequency.
14. IMMEDIATE OPERATION
Because the ftequency licensing process can take up to six months, the system supplier shall make
available, at a minimum, a temporary FCC-licensed frequency which may be used to operate the remote
terminal units until the customer's own FCC-licensed ftequency is obtained. TIùs interim ftequency shall
be made available for use within 30 days of contract award. This ftequency shall be isolated from the
nearest user on the same frequency by a minimum of 75 miles for 900 MHz, 100 miles for UHF and 250
miles for VHF. Delays due to radio propagation studies, ftequency coordination, and the FCC will not be
acceptable and considered non-responsive to the specification. Any hardware or software change
required to switch from the temporary frequency to the customer's FCC-licensed frequency, when
obtained, will'be provided at no additional cost to the owner.
14.1 RADIO SIGNAL STRENGTH SURVEY
The system supplier shall perform a radio path analysis for each RTU. The path analysis shall provide a
minimum of 15 dB of fade margin for all proposed and future RTUs in the utility. The 15 dB fade
margin shall be demonstrated by inserting a 15 dB pad into the central site coax cable and thereafter
establishing reliable communications with each remote site.
C:\WINDOWS\Temporary Internet Flles\OLKD134\Chula VIsta SCADA Speciflcation,doc
(,-/3~
ATTACHMENT D
SCADA PROPOSED PROJECT GMP FORM
NO. COST COMPONENT UNITS UNIT COST COST
1. Hard Construction Cost œ
2. Allowance for œ
3. Allowance for œ
4. Design Services œ
5. General Conditions (attach detail) œ
6. Subtotal GMP (1-5) ill
7. Estimate of Fees & Permits ill
8. Allowance for Œl
9. City Contingency. œ
10. Total Project Cost (6+7+8+9) W
H:\ENGINEER\Deslgn\SCADA Proposed Project GMP Form.smn.doc
(P #>..... I
A TT ACHMENT E
'I
N
~
:q:
1800 MAXWELL ROAD .~
MASTER STA TIDN
PUBLIC WORKS CORPORA TIDN YARD
......
¡j
~
DESIGN ~
~
P LA T . #1
0: \SDSKPROJ\Sw218\Drow\Fkw{\SW218yOf.dwg 08/26/02 03:40:25 PM PDT PROJECT ALE ¡SW-218
DRAWN BY: TtTIE' CITY OF CHULA VISTA PWsAff°v.8nAGBUHAT
CESAR v. MAGBUHA T
: 'EfT 1 INST ALLA TION OF SUPERVISORY CONTROL AP. 'RO B : .
8-26-02 OF 19 SHTS.. & 'DATA ACQUISITION SCAD A SYSTEM JIM R. HOLMES
(P-/3:5
I
),.
-q:
eJ
>
t:J
L5
~
r5
>
-q:
~
"'l:
.~
~
276 FOURTH AVENUE
PUMP STATION #1 ~
POLICE S T A TION !5
~
'F' STREET
CENTER Sf
"-
PLAT #2
0: \SDSKPROJ\s.t218\Drow\Fino/\SW218jQl.dwg 08/26/02 03:40:25 PM PDT PROJECT FILE #SW-218
DRAM! BY: TITLE: CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHA T CESAR V. MAGBUHA T
- '£E 2 INST ALLA TION OF SUPERVISORY CONTROL 1?O v ~
8-26-02 OF 19 sHTS.' &. DATA ACQUISITION SCADA SYSTEM JIM R. HOLMES
10-
)...
~
~
~
~
~
'G' STREET 'G' sr.
890 'G' STREET
PUMP ST A TIDN #2
~
~
~
~
~
~
PLAT #3
0: \SDSKPROJ\Sw218\Drow\Rno/\SW218yOl.dwg 08/26/02 03:40:25 PM PDT PROJECT RLE #SW-218
DRAWN BY: 711[£0 CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHA T CESAR V. MAGBVHA T
T J. INSTALLATION OF SUPERVISORY CONTROL. . .
8-26-02 . OF 19 SHTs. & DATA ACQUISITION SCADÅ SYSTEM JIM R. HOLMES
¿, ~, /3
------
--------
j \ I
Eli YSID£ PKVY
)...,
~
ei )...,
~ ~
~ ~
470 SANJJPIP£R WAY ~
PUMP STATION #3
~
~.
~
SANDPIPER WAY
PLAT #4 ~~ß~
0; \SDSKPROJ\Sw218\Orow\Rno/\SW218yOl.dwg 08/26/02 03:40:25 PM PDT PROJECT ALE ¡SW-218
DRAKf./ BY: T1 Tl.E: CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHA T CESAR V. MAGBUHA T
- 'EE 4 INST ALLA 11 ON OF SUPERVISORY CONTROL .
. .
8-26-02 OF 19 SHTs. . & DATA ACQUISITION SCADA SYSTEM JIM R. HOLMES'
>...
~
~ 663 MARINA PARKWAY
~
~ (IN CENTER ISLAND)
~ PUMP STATION #4
, J' STREET
PLA T #5 iR-/
Q: \SOSKPROJ\Sw218\O(ow\nno/\SW218yOl.dwg 08/26/02 03:40:25 PM POT PROJECT nL£ ¡SW-218
ORAWN BY: llTLE: CITY OF CHULA VISTA p~rffREDv.BDAGBUHAT
C£:SAR v. MAGBIJHA T
. ŒT5 INSTALLATION OF SUPERVISORY CONTROL APPRO 0 :
. 8-26-02 OF 19 SHTS. & OA TA ACQUISITION SCAD A SYSTEM' JIM R. HOLMES
IV
'J'" STREET
1001 'J' STREET
PUMP STATION #5
PLA T #6 ~-/'-/O
Q: \SDSKPROJ\Sw218\Drow\Ph1o/\SW218)Q1.dwg 08/26/02 OJ: 40: 25 PM PDT PROJECT RLE ¡SW-218
DRAM! Or: nll.£- CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHA r CESAR v. MAGBUHA T
DA :. u: 6 INSTALLATION OF SUPERVISORY CONTROL 'PRO
8-26-02 OF 19 SH15. & DATA ACQUISITION SCADA SYSTEM JIM R: HOLMES
t
E. PALOMAR STREET
'L' STREET
~
~
~ ~
EJ
>
""t
940 HILL TOP DRIVE
PUMP STATION #11 nllNAHD£ ST
S:¡
~
h:
~
15
""t
ANGELA LN
:>-..
:> ~
""t
~ ~
Q::
~ ~
>
~.
' ~
~
PLAT #7 £, ~.I'-Il
0: \SOSKPROJ\Sw218\Orow\rli1ol\SW218yOl.dwg 08/26/02 03:40:25 PM PDT PROJECT ALE ¡SW-218
DRAWN BY: nTL£: CITY OF CHULA VISTA PREPARED BY:
ŒSAR V. MAGBUHA T. CESAR V. MAGBUHA T
: fEr INST ALLA TION OF SUPERVISORY CONTROL APPRO Y: .
. 8.:.26-02 OF 19 SHTS. &. DA fA ACQUISITION SCADA SYSTEM. JIM R.' HOLMES
598 PARKSIIJ£ IJRIV£
~ PUMP STATION #12
H
~
({
PLA T #8 !o-/lf~
0: \SOSKPROJ\Sw218\Drow\Final\SW218yOl.dwg 08/26/02 03:40:25 PM PDT PRO£CT FILE ¡SW- 218
DRAWN BY: TITLE: CITY OF CHULA VISTA PREPARED BY:AGBUHAT
CESAR V. MAGBUHA T INST ALLA TlON OF SUPERVISORY CONTROL A ~%:: ~ .
. 'EET 8
.
8-26-02 OF 19 SlITs. & DATA ACQUISITION SCAOA SYSTEM JIM R. HOLMES
SHINOHARA LN
N -
w
>
"t
~
~
~
~
~
~
MAIN STREET
560 AUTO PARK\¡/A Y ~
PUMP STA TION #17 'It:
.
PLA T #9 6
0: \SDSKPROJ\Sw218\Drow\Final\SW218yO2.dwg 08/27/02 08:00:56 AM PDT PRQJECT FILE #SW-218
DRAWN BY: TInE- CITY OF CHULA VISTA PRffsAfED BY: r
CESAR v. MAG8UHA T INST ALLA TION OF SUPERVISORY CONTROL A ~ oR : ~~G8UHA
. 'EE 9
.
8-26-02 OF 19 SHTS. & DATA ACQUISITION SCAD A SYSTEM JIM R. HOLMES
N
2660 DTAY LAKES RDAJJ
PUMP ST ATIDN #êl
PLA T #10 ~#^/¥¥
0: \SDSKPROJ\Slf218\Oraw\Final\SW218yO2.dwg 08/27/02 08:00:56 AM PDT PROJECT ALl: #SW-218
ORAHN BY: nTL£' CITY OF CHULA VISTA PREPAREO BY: G UHAT
CESAR V. .MAGBUHA T INSTAllATION OF SUPERVISORY CONTROL A~SAR v. M: t3
: 'EfT 10
8-26:""'02 or 19 SHTS. & DATA ACQUISITION SCADA SYSTEM JIM R. HOLMES
£ASTLAK£
HIGH SCHOOL
1196 £ASTLAK£ PARKWA Y
PUMP STATION #22
PLAT #11 <M¥/ If S
0: \SDSKPROJ\Sw218\Drow\Final\SW218yO2.dwg 08/27/02 08:00:56 AM PDT PROJECT FILE ¡SW-218
ORAr'R BY:. TI TL£' CITY OF CHULA VISTA PREPARED BY:
C£S R V. MAGBUHAT CESAR V. MAGBUHAT
'£E INST ALLA TION OF SUPERVISORY CONTROL 0
8-26-02 OF. 19 SHTS. & DATA ACQUISITION SCADA SYSTEM JIM R. HOLMES
-------
ALLEN SCHOOL LANE
Ell SURREYPLAC£
PUMP STATION #24
SURREY DRIVE
""-
PLAT #12 If; øÞ/¥þ
O:\SOSKPROJ\Sw2r8\Drow\Finof\SW218yO2.dwg 08/27/02 08:00:56 AM PDT PROJECT ALE #SW-218
DRAWN 8Y.~ T1TLt.~ CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUt/A T CESAR V. MAG8UHA T
..'E T 12 INST ALLA TlON OF SUPERVISORY CONTROL 'R :
or 19 SHTs.. & DATA ACQUISITION. SCADA SYSlEM JIM R. HOiMES
I--.
!5
8
375 CaRR AL COUR T
PUMP STATION #25
f
PLAT #13 /'-1'11
,
. Q: \SOSKPROJ\Sw218\Drolf\Flno/\SW218yO2.dwg 08/27/02 08:00:56 AM PDT PROJECT FILE ¡SW-218
DRAMi BY: Tlƣ: CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHAT CESAR V. MA GBUHA T
" SHEEr 1 . INSTALLATION OF ?UPERVlSQRY CONTROL A . BY:
8-26-02 OF 19' SI-ITs., & DATA ACQUISITION SCAD A SYSTEM JIM R, HOLMES'
----------- l~
/ý
DL YNP.tC
P'+-vr
2620 ilL YI1PIC PARKVA Y
PUMP STATION #26
P LA T #14 t -'/ JIg
Q: \SOSKPROJ\Sw218\Draw\Final\SW218yO2.dwg 08/27/02 08:00:56 AM PDT PROJECT FILE ¡SW-218
DRAWN BY: TITLE: CITY OF CHULA VISTA PRf!tf{°v.8~AGéUHA T
CESAR V. MACBUHA T
0 TE: 'HEET 14 INST ALLA TION OF SUPERVISORY CONTROL APPRO D BY:
8-26-02 OF. 19 SHTS. & DATA ACQUISITION SCAD A SYSTEM JIM R. HOLMES
EXHIBIT 5
Software License
,
C:\Brian\Data\Scada\Design Build Contract'DBContract.doc V
{p ~/ '19
EXHIBIT 5
Software License
':':..
C:\Brian\Data\Scada\Deslgn Build Contract\DBContract.doc V
Iv
LICENSE
THIS LICENSE ("License") is by and between Systems
Integrated, LLC ("Licensor") , a Delaware Limited Liability
Company, with an office at 2200 North Glassell Street, Orange,
California 92665, and
, a with an office at
,
("Licensee").
RECITALS
--------
A. Licensor owns or controls, and has the right to grant a
use license to, certain computer software as herein
described, and desires to grant Licensee a non-
exclusive, non-transferable right to use such software
on the terms and conditions set forth in this
License; and
B. Licensee desires to acquire the right to use that
software in conjunction with the SCADA system that is
being provided to Licensee by Licensor for the project
that is identified in Exhibit A hereto (" Proj ect")
under the terms of that certain contract between them
of even date hereto ("System Contract").
NOW THEREFORE, in consideration of the premises, as well as
the obligations herein made and undertaken, each of the parties
hereto, intending to be legally bound, does hereby covenant and
agree as follows:
SECTION 1
DEFINITIONS
The definition of the terms set forth in this Section 1
shall apply when such terms are used in this License and any
exhibits and any amendments hereto.
Copyright@1993-1995 Systems Integrated, LLC.
All Rights Reserved.
1.1 "DERIVATIVE WORK." A work that is based on the
Licensed Program, such as a revision, enhancement, modification,
translation, abridgment, condensation, expansion, or any other
form in which such work may be recast, transformed, or adapted,
11/29/95 (,,/ I
~
LICENSE
THIS LICENSE ("LiceI).se") is by and between Systems
Integrated, LLC ("Licensor"), a Delaware Limited Liability
Company, with an office at 2200 North Glassell Street, Orange,
California 92665, and
, a with an office at
,
("Licensee").
R Eel TAL S
--------
A. Licensor owns or controls, and has the right to grant a
use license to, certain computer software as herein
described, and desires to grant Licensee a non-
exclusive, non-transferable right to use such software
on the terms and conditions set forth in this
License; and
B. Licensee desires to acquire the right to use that
software in conjunction with the SCADA system that is
being provided to Licensee by Licensor for the project
that is identified in Exhibit A hereto (" Proj ect ")
under the terms of that certain contract between them
of even date hereto ("System Contract").
NOW THEREFORE, in consideration of the premises, as well as
the obligations herein made and undertaken, each of the parties
hereto, intending to be legally bound, does hereby covenant and
agree as follows:
SECTION 1
DEFINITIONS
The definition of the terms set forth in this Section 1
shall apply when such terms are used in this License and any
exhibits and any amendments hereto.
Copyright@1993-1995 Systems Integrated, LLC.
All Rights Reserved.
1.1 "DERIVATIVE WORK." A work that is based on the
Licensed Program, such as a revision, enhancement, modification,
translation, abr i dgmen t, condensation, expansion, or any other
form in which such work may be recast, transformed, or adapted,
11/29/95 (p~/5;r
~
and which, if prepared without authorization of the owner of the
copyright In such preexisting work would constitute a copyright
infringement. Any computer program documentation developed for
Licensee's specific application shall be a Derivative Work. For
purposes hereof, a Derivative Work also shall include any Error
Correction or compilation that incorporates such pre-existing
work.
1.2 "DERIVATIVE PRODUCT (S) ." A computer program product in
source code or object code form that is a Derivative Work created
by Licensee and that is derived from the Source Code of the
Licensed Programs modules that are developed under the System
Contract for Licensee. Derivative Products are excluded from any
warranty or indemnification obligations of Licensor.
1.3 "DESIGNATED UNI'l'S." As appropriate, those non-portable
and portable computer platforms and remote terminal units
("RTU's") supplied by Licensor under the System Contract. The
Designated Units only shall be located at the Designated Site.
1.4 "DESIGNATED SITE." The facilities and equipment of
Licensee, as described in Exhibit A, at which the Designated
Units reside.
1.5 "DOCUMENTATION." Computer program operating
documentation, not including Source Code or Object Code, and
associated documentation, such as a manual.
1.6 "ENHANCEMENTS. 'I Derivative Wor ks that are changes or
additions to the Licensed Programs and, in particular, that add
significant new functions or substantially improved performance
thereto by changes in system design or coding.
1.7 "ERRORS." Problems caused by the incorrect operation
of the computer code for. the Licensed Programs that produces
incorrect results or causes incorrect actions to occur.
1.8 "ERROR CORRECTION." Either a software modification or
addition that, when made or added to the Licensed Programs,
establishes material conformity of the Licensed Programs to the
functional specifications, or a procedure or routine that when
observed in the regular operation of the Licensed Programs,
eliminates the practical adverse effect of such nonconformity.
Included with this term are modifications made during the
warranty period stated in Sections 2.3 and 8.2 of this License.
11/29/95
^ ¡ß. ø/
and which, if prepared without authorization of the owner of the
copyright in such preexisting work would constitute a copyright
infringement. Any computer program documentation developed for
Licensee's specific application shall be a Derivative Work. For
purposes hereof, a Derivative Work also shall include any Error
Correction or compilation that incorporates such pre-existing
work.
1.2 "DERIVATIVE PRODUCT (S) ." A computer program product in
source code or object code form that is a Derivative Work created
by Licensee and that is derived from the Source Code of the
Licensed Programs modules that are developed under the System
Contract for Licensee. Derivative Products are excluded from any
warranty or indemnification obligations of Licensor.
1.3 "DESIGNATED UNITS." As appropriate, those non-portable
and portable computer platforms and remote terminal units
("RTU'sft) supplied by Licensor under the System Contract. The
Designated Units only shall be located at the Designated Site.
1.4 "DESIGNATED SITE. II The facilities and equipment of
Licensee, as described in Exhibit A, at which the Designated
Units reside.
1.5 rt DOCUMENTATION." Computer program operating
documentation, not including Source Code or Object Code, and
associated documentation, such as a manual.
1.6 "ENHANCEMENTS." Derivative Works that are changes or
additions to the Licensed Programs and, in particular, that add
significant new functions or substantially improved performance
thereto by changes in system design or coding.
1.7 "ERRORS." Problems caused by the incorrect operation
of the computer code for. the Licensed Programs that produces
incorrect results or causes incorrect actions to occur.
1.8 "ERROR CORRECTION." Either a software modification or
addition that, when made or added to the Licensed Programs,
establishes material conformity of the Licensed Programs to the
functional specifications, or a procedure or routine that when
observed in the regular operation of the Licensed Programs,
eliminates the practical adverse effect of such nonconformity.
Included with this term are modifications made during the
warranty period stated in Sections 2.3 and 8.2 of this License.
11/29/95 ¿'~/5f
^
1.9 "LICENSED DOCUMENTATION." The computer program
documentation, not including Source Code or Object Code, and the
user manuals currently available from Licensor for the Licensed
Programs, as de$cribed in Exhibit B. The Licensed Documentation,
as appropriate, shall include any documentation provided to
Licensor by Third Party Software licensors.
1.10 "LICENSED PROGRAMS.' I The computer software programs
that are more fully described in Exhibit C, including (i)
Licensor's pre-existing, proprietary and confidential computer
software program, known as, ONSITE@ in Object Code and with
certain Source Code that is provided for certain modules of the
Licensed Programs that are tailored for Licensee's specific
application; (ii) the Derivative Products and associated Source
Code, subject to Section 2.1(b); and (iii) unless otherwise
stated, any Third Party Software. For purposes of this License,
unless otherwise provided, Licensed Programs shall include, but is
not limited to, any and all Derivative Works prepared by Licensor
and Licensee.
1.11 "OBJECT CODE." Computer programs assembled or compiled
in magnetic or electronic binary form on software media, which are
readable and usable by machine s, but not generally readable by
humans without reverse assembly, reverse compiling, or reverse
engineering.
1.12 "SCADA SYSTEM." The computers and other equipment and
materials (including software and firmware) for the Supervisory
Control and Data Acquisition System provided and installed by
Licensor at the Designated Site, in accordance with the System
Contract.
1.13 "SOURCE CODE." Computer programs written in higher-
level programming languages, sometimes accompanied by English
language comments. Source Code is intelligible to trained
programmers and may be translated into Obj ect Code for operation
on computer equipment through the process of compiling.
1.14 "THIRD PARTY SOFTWARE." Computer programs provided by
Licensor to Licensee under this License that are owned and/qr
controlled by other than Licensor.
SECTION 2
GRANT OF LICENSE
~
2.1 SCOPE OF LICENSE. Subject to compliance by Licensee
with the terms hereof, (i) including payment of the license fee
11/29/95
'"' (p,/5S
1.9 "LICENSED DOCUMENTATION." The computer program
documentation, not including Source Code or Object Code, and the
user manuals currently available from Licensor for the Licensed
Programs, as described in Exhibit B. The Licensed Documentation,
as appropriate, shall include any documentation provided to
Licensor by Third Party Software licensors.
1.10 "LICENSED PROGRAMS. II The computer software programs
that are more fully described in Exhibit C, including (i)
Licensor's pre-existing, proprietary and confidential computer
software program, known as, ONSITE@ in Object Code and with
certain Source Code that is provided for certain modules of the
Licensed Programs that are tailored for Licensee's specific
application; (ii) the Derivative Products and associated Source
Code, subject to Section 2.1(b); and (iii) unless otherwise
stated, any Third Party Software. For purposes of this License,
unless otherwise provided, Licensed Programs shall include, but is
not limited to, any and all Derivative Works prepared by Licensor
and Licensee.
1.11 " OBJ'ECT CODE." Computer programs assembled or compiled
in magnetic or electronic binary form on software media, which are
readable and usable by machines, but not generally readable by
humans without reverse assembly, reverse compiling, or reverse
engineering.
1.12 " SCADA SYSTEM." The computers and other equipment and
materials (including software and firmware) for the Supervisory
Control and Data Acquisition System provided and installed by
Licensor at the Designated Site, in accordance with the System
Contract.
1.13 "SOURCE CODE." Computer programs written in higher-
level programming languages, sometimes accompanied by English.
language comments. Source Code is intelligible to trained
programmers and may be translated into Obj ect Code for operation
on computer equipment through the process of compiling.
1.14 "THIRD PARTY SOFTWARE." Computer programs provided by
Licensor to Licensee under this License that are owned and/qr
controlled by other than Licensor.
SECTION 2
GRANT OF LICENSE
2.1 SCOPE OF LICENSE. Subject to compliance by Licensee
with the terms hereof, (i) including payment of the license fee
11/29/95
-
~
stated in Section 6.1 and (ii) the license grant for the Third
Party Software in Section 3, Licensor hereby grants to Licensee,
and Licensee hereby accepts, in perpetuity unless terminated as
provided herein, a personal, nonexclusive, nonassignable,
nontransferable, fully paid-up license, with no right of
sublicense, to:
(a) Install, use, execute, display and copy the Licensed
Programs solely for Licensee's internal use with the
SCADA System in accordance with this License and only
in conjunction with the Designated Units and at the
Designated Site, each of which authorized copy of the
Licensed Programs is to remain on the Designated Units.
(b) Notwithstanding, Derivative Products and its Source
Code, as well as the Source Code for the applications
that were developed by Licensor under the System
Contract for Licensee, are not subject to use
limitations as to Designated Units and Designated Site
described in this Section 2.
(c) Use the Licensed Documentation only in conjunction with
installation and use of the Licensed Programs.
(d) Prepare Derivative Works to the extent that Licensee is
provided Source Code under this License;
(e) Modify and combine with other software programs,
subject to certain consequences as described elsewhere
in this License; and
(f) Use and copy the Licensed Documentation only in
conjunction with installation and use of the Licensed
Programs and as authorized herein.
No right to use, copy, display, demonstrate, distribute, print or
sell the Licensed Programs, in whole or in part, is granted except
as expressly provided in this License.
2.2 USE OF LICENSED PROGRAMS AND LICENSED DOCUMENTATION. In
accordance with this License, Licensee shall only use the Licensed
Programs and Licensed Documentation for its internal purposes that
pertain to the SCADA System. .
2.3 SUPPORT OF THE LICENSED PROGRAMS. Upon completion of
the SCADA System testing and acceptance procedures specified in
the System Contract and the final acceptance thereof, any Error
11/29/95 1
. (, ,ø
stated in Section 6.1 and (ii) the license grant for the Third
Party Software in Section 3, Licensor hereby grants to Licensee,
and Licensee hereby accepts, in perpetuity unless terminated as
provided herein, a personal, nonexclusive, nonassignable,
nontransferable, fully paid-up license, with no right of
sublicense, to:
(a) Install, use, execute, display and copy the Licensed
Programs solely for Licensee's internal use with the
SCADA System in accordance with this License and only
in conjunction with the Designated Units and at the
Designated Site, each of which authorized copy of the
Licensed Programs is to remain on the Designated Units.
(b) Notwithstanding, Derivative Products and its Source
Code, as well as the Source Code for the applications
that were developed by Licensor under the System
Contract for Licensee, are not subject to use
limitations as to Designated Units and Designated Site
described in this Section 2.
(c) Use the Licensed Documentation only in conjunction with
installation and use of the Licensed Programs.
(d) Prepare Derivative Works to the extent that Licensee is
provided Source Code under this License;
(e) Modify and combine with other software programs,
subject to certain consequences as described elsewhere
in this License; and
(f) Use and copy the Licensed Documentation only in
conjunction with installation and use of the Licensed
Programs and as authorized herein.
No right to use, copy, display, demonstrate, distribute, print or
sell the Licensed Programs, in whole or in part, is granted except
as expressly provided in this License.
2.2 USE OF LICENSED PROGRAMS AND LICJmSED DOCUMENTATION. In
accordance with this License, Licensee shall only use the Licensed
Programs and Licensed Documentation for its internal purposes that
pertain to the SCADA System.
2.3 SUPPO~T OF THE LICENSED PROGRAMS. Upon completion of
the SCADA System testing and acceptance procedures specified in
the System Contract and the final acceptance thereof, any Error
11/29/95
. IR ø/
Correction shall be provided to the Licensee, upon request, during
the warranty period as described in Exhibit A. During such
warranty period, the Licensor's obligations shall be as described
in Section 8.2 of this License. At the conclusion of that
warranty period, any such software support services shall be as
the parties mutually agree and in accordance with the terms of a
SCADA System maintenance agreement. Licensor shall negotiate in
good faith with Licensee as regards an agreement for the
continuing maintenance and support of the Licensed Programs after
the warranty period terminates. Licensee acknowledges that if the
parties are unable to mutually agree as to the terms and
conditions of such maintenance agreement, Licensee shall be
responsible for all such SCADA System maintenance and support.
2.4 NO IMPLIED LICENSE. No right or license shall be
implied by estoppel or otherwise, other than the rights and
licenses expressly granted in this License. Licensor shall retain
all ownership right, title, and interest in the Licensed Programs
and Licensed Documentation, subject only to the rights and
licenses specifically granted herein.
SECTION 3
SUBLICENSE FOR THIRD PARTY SOFTWARE
3.1 SCOPE OF LICENSE. As regards the Third Party Software
component of the Licensed Programs, Licensor hereby grants to
Licensee a personal, non-transferable, non-exclusive sublicense to
use and copy the Third Party Software for use only on the
Designated Units and in accordance with Section 2, unless the
Licensor and Licensee otherwise agree by written amendment to this
License. Such use shall be solely for Licensee's internal
business purposes. Licensee shall not use the Third Party
Software or related materials other than as provided in this
License. Notwithstanding, to the extent that any Third Party
Software utilizes a "shrinkwrap" license that is to be implemented
by Licensee, such software shall not be considered to be Licensed
Programs and shall be subject only to the terms of the
manufacturer's shrinkwrap license, unless expressly provided
otherwise herein.
3.2 RIGHT TO COPY. With respect to any Third Party Software
that is not embedded in ONSITE@, and also is not subject to a
shrinkwrap license, Licensee may not copy the Third Party Software
except as necessary to use the Third Party Software as provided in
this License, including the archival copies authorized by this
License. All such copies shall be destroyed if Licensee transfers
possession of the Licensed Programs or if Licensor's license for
11/29/95 1,-/57
~
Correction shall be provided to the Licensee, upon request, during
the warranty period as described in Exhibit A. During such
warranty period, the Licensor's obligations shall be as described
in Section 8.2 of this License. At the conclusion of that
warranty period, any such software support services shall be as
the parties mutually agree and in accordance with the terms of a
SCADA System maintenance agreement. Licensor shall negotiate in
good faith with Licensee as regards an agreement for the
continuing maintenance and support of the Licensed Programs after
the warranty period terminates. Licensee acknowledges that if the
parties are unable to mutually agree as to the terms and
conditions of such maintenance agreement, Licensee shall be
responsible for all such SCADA System maintenance and support.
2.4 NO IMPLIED LICENSE. No right or license shall be
implied by estoppel or otherwise, other than the rights and
licenses expressly granted in this License. Licensor shall retain
all ownership right, title, and interest in the Licensed Programs
and Licensed Documentation, subject only to the rights and
licenses specifically granted herein.
SECTION 3
SUBLICENSE FOR THIRD PARTY SOFTWARE
3.1 SCO~E OF LICENSE. As regards the Third Party Software
component of the Licensed Programs, Licensor hereby grants to
Licensee a personal, non-transferable, non-exclusive sublicense to
use and copy the Third Party Software for use only on the
Designated Units and in accordance with Section 2, unless the
Licensor and Licensee otherwise agree by written amendment to this
License. Such use shall be solely for Licensee's internal
business purposes. Licensee shall not use the Third Party
Software or related materials other than as provided in this
License. Notwithstanding, to the extent that any Third Party
Software utilizes a "shrinkwrap" license that is to be implemented
by Licensee, such software shall not be considered to be Licensed
Programs and shall be subject only to the terms of the
manufacturer's shrinkwrap license, unless expressly provided
otherwise herein.
3.2 RIGHT TO COPY. With respect to any Third Party Software
that is not embedded in ONSITE@, and also is not subject to a
shrinkwrap license, Licensee may not copy the Third Party Software
except as necessary to use the Third Party Software as provided in
this License, including the archival copies authorized by this
License. All such copies shall be destroyed if Licensee transfers
possession of the Licensed Programs or if Licensor's license for
11/29/95 ~ {¡;- /(PO
the Licensed Programs is terminated. Licensee may not transfer
the Third Party Software to any other party except as authorized
by Licensor or this License.
3.3 INTELLEC'l'UAL PROPERTY RIGHTS. Licensee agrees that the
Third Party Software and related materials, and all copyright,
patent, trade secret and other intellectual and proprietary rights
therein, are and remain the valuable property of Licensor and/or
its Third Party Software licensors; and, further, that except as
expressly provided herein, no title to any such intellectual
property rights is hereby transferred. Licensee shall hold the
Third Party Software in confidence and shall not use, copy, or
disclose, nor permit any of its personnel to use, copy, or
disclose the same for any purpose that is not specifically
authorized under this License.
3.4 NO CRITICAL SYS~ USE. Third Party Søftware is not
intended to be licensed for use in critical safety systems in
nuclear facilities.
3.5 VENDORS OF THIRD PARTIES. The Third Party Software may
be derived from other third party software and that third party
may not warrant the Third Party Software, assume any liability
regarding use of the Third Party Software, or undertake to furnish
any support or information relating to the Third Party Software to
Licensee.
3.6 LIMITED WARRANTY. Licensor's licenses with Third Party
Software licensors generally either provide that the Third Party
Software is licensed "AS IS" or contain a disclaimer of warranty
that is functionally the same as follows, with obvious changes to
the terms "Licensor", "Licensee" and "Licensed Programs":
EXCEPT AS REGARDS THE EXPRESS WARRANTIES
SPECIFICALLY SET FORTH HEREIN, LICENSOR
HEREBY MAKE S NO OTHER WARRANTIES TO
LICENSEE, WHETHER EXPRESS OR IMPLIED,
REGARDING OR RELATING TO THE LICENSED
PROGRAMS. LICENSOR SPECIFICALLY
DISCLAIMS ANY AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THE
LICENSED PROGRAMS OR THE USE THEREOF.
3.7 LIMITED LIABILITY. LICENSOR'S THIRD PARTY SOFTWARE
PROVI DERS SHALL NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES
SUFFERED OR INCURRED BY LICENSEE, INCLUDING BUT NOT LIMITED TO
11/29/95 (p .ø/(P/
r
the Licensed Programs is terminated. Licensee may not transfer
the Third Party Software to any other party except as authorized
by Licensor or this License.
3.3 INTELLECTUAL PROPERTY RIGHTS. Licensee agrees that the
Third Party Software and related materials, and all copyright,
patent, trade secret and other intellectual and proprietary rights
therein, are and remain the valuable property of Licensor and/or
its Third Party Software licensors; and, further, that except as
expressly provided herein, no title to any such intellectual
property rights is hereby transferred. Licensee shall hold the
Third Party Software in confidence and shall not use, copy, or
disclose, nor permit any of its personnel to use, copy, or
disclose the same for any purpose that is not specifically
authorized under this License.
3.4 NO CRITICAL SYSTEMS USE. Third Party Software is not
intended to be licensed for use in critical safety systems in
nuclear facilities.
3.5 VENDORS OF TS:œo PARTiES. The Third Party Software may
be derived from other third party software and that third part y
may not warrant the Third Party Software, assume any liability
regarding use of the Third Party Software, or undertake to furnish
any support or information relating to the Third Party Software to
Licensee.
3.6 LIMITED WARRANTY. Licensor's licenses with Third Party
Software licensors generally either provide that the Third Party
Software is licensed "AS IS" or contain a disclaimer of warranty
that is functionally the same as follows, with obvious changes to
the terms "Licensor", "Licensee" and "Licensed Programs":
EXCEPT AS REGARDS THE EXPRESS WARRANTIES
SPECIFICALLY SET FORTH HEREIN, LICENSOR
HEREBY MAKES NO OTHER WARRANTIES TO
LICENSEE, WHETHER EXPRESS OR IMPLIED,
REGARDING OR RELATING TO THE LICENSED
PROGRAMS. LICENSOR SPECIFICALLY
DISCLAIMS ANY AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THE
LICENSED PROGRAMS OR THE USE THEREOF.
3.7 LIMITED LIABILITY. LICENSOR'S THIRD PARTY SOFTWARE
PROVIDERS SHALL NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES
SUFFERED OR INCURRED BY LICENSEE, INCLUDING BUT NOT LIMITED TO
11/29/95
,- d"
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE
THIRD PARTY SOFTWARE, UNLESS A THIRD PARTY LICENSOR'S LICENSE WITH
LICENSOR EXPRESSLY PROVIDES OTHERWISE.
3.8 THIRD PARTY BENEFICIARY. Licensee acknowledges and
agrees that the Third Party Software licensors are third party
beneficiaries of this License insofar as it pertains to the Third
Party Software. Thus, such suppliers shall have the right to
enforce the terms of this Section 3.0 against Licensee, including
the right to terminate it for noncompliance by Licensee. A Third
Party Software licensor may terminate this sublicense if Licensee
neglects or fails to perform or observe any of its obligations to
the Licensor/Third Party Software licensor hereunder, and if such
condition is not remedied within thirty (30) days after written
notice has been given to Licensee. Before any such termination
becomes effective, and in the event of any such termination
instituted by a Third Party Software supplier, Licensee shall (i)
destroy all copies of all versions of the Third Party Software in
Licensee's possession; (ii) remove all portions of all versions of
the Third Party Software from any adaptations made by Licensee and
destroy such portions; and (iii) certify in writing that all
copies, including all those included in Licensee's adaptations,
have been destroyed.
3.9 CONSEQUENCES OF BREACH. Licensee understands that a
breach of the obligations in this Section 3.0 will result in
substantial damage to Licensor and its Third Party Software
licensors.
3.10 PRIORITY OF SECTION 3. This Section 3 is intended to
supplement, not supersede, Section 2. However, as regards the
licensing of Third Party Software only, in the event of any
conflict between this Section 3.0 and other provisions of this
License, this Section 3.0 shall be accorded priority in
interpretation and application.
SECTION 4
TITLE TO MATERIALS
4.1 TITLE TO L.ICENSED PROGRI\MS. All right, title, and
interest in and to the Licensed Programs, including any copies
thereof, and Licensed Documentation is and shall remain the sale
property of Licensor and/or the Third Party Software licensor.
Licensee acknowledges that no other such right, title, or interest
11/29/95 {p -I/;3
..,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE
THIRD PARTY SOFTWARE, UNLESS A THIRD PARTY LICENSOR'S LICENSE WITH
LICENSOR EXPRESSLY PROVIDES OTHERWISE.
3.8 THIRD PARTY BENEFICIARY. Licensee acknowledges and
agrees that the Third Party Software licensors are third party
beneficiaries of this License insofar as it pertains to the Third
Party Software. Thus, such suppliers shall have the right to
enforce the terms of this Section 3.0 against Licensee, including
the right to terminate it for noncompliance by Licensee. A Third
Party Software licensor may terminate this sublicense if Licensee
neglects or fails to perform or observe any of its obligations to
the Licensor/Third Party Software licensor hereunder, and if such
condition is not remedied within thirty (30) days after written
notice has been given to Licensee. Before any such termination
becomes effective, and in the event of any such termination
instituted by a Third Party Software supplier, Licensee shall (i)
destroy all copies of all versions of the Third Party Software in
Licensee's possession; (ii) remove all portions of all versions of
the Third Party Software from any adaptations made by Licensee and
destroy such portions; and (iii) certify in writing that all
copies, including all those included in Licensee's adaptations,
have been destroyed.
3.9 CONSEQUENCES OF BREACH. Licensee understands that a
breach of the obligations in this Section 3.0 will result in
substantial damage to Licensor and its Third Party Software
licensors.
3.10 PRIORITY OF SECTION 3. This Section 3 is intended to
supplement, not supersede, Section 2. However, as regards the
licensing of Third Party Software only, in the event of any
conflict between this Section 3.0 and other provisions of this
License, this Section 3.0 shall be accorded priority in
interpretation and application.
SECTION 4
TITLE TO MATERIALS
4.1 TITLE TO L.ICENSED PROGRAMS. All right, title, and
interest in and to the Licensed Programs, including any copies
thereof, and Licensed Documentation is and shall remain the sole
property of Licensor and/or the Third Party Software licensor.
Licensee acknowledges that no other such right, title, or interest
11/29/95
.., (p
in or to the Licensed Programs or Licensed Documentation is
granted under this License, and no such assertion shall be made by
Licensee. Licensee is granted only a limited right of use and
duplication, as set forth herein, which right of use is not
coupled with an interest and is revocable only in accordance with
the terms of this License. Further, Licensee acknowledges that
all rights and title to all patent, copyright and trade secret
rights in the Licensed Programs and Licensed Documentation remain
the sole property of Licensor and/or the Third Party Software
licensor, subject to the limited rights specifically granted to
Licensee.
4.2 TITLE TO DE~'l' I'VE WORKS. All right, title, and
interest in and to any Deri vati ve Works developed by Licensor or
Licensee shall reside with Licensor in accordance with this
License.
SECTION 5
DELIVERY OF LICENSED PROGRAMS
5.1 DELIVERY. Licensor shall deliver the Licensed Programs
to Licensee in accordance with the shipping instructions and
delivery schedule stated in the System Contract.
SECTION 6
FEES AND TAXES
6.1 LICENSE FEE. In consideration of the license rights
granted hereunder, Licensee shall pay Licensor the compensation
for the Licensed Programs and the Licensed Documentation stated in
the System Contract.
6.2 'rAUS AND FEES. Licensee shall be responsible for
paying all sales, use, excise, value-added, property or other tax
or governmental charges imposed on the licensing or use of the
Licensed Programs or Licensed Documentation, excluding any taxes
based on Licensor's income.
SECTION 7
PROTECTION OF PROPRIETARY MATERIALS
7.1 ACKNOWLEDGMENT OF PROPRIETARY MA'l'ERIALS; LIMITATION ON
USE. (a) Licensee acknowledges that the Licensed Programs and
Licensed Documentation (unless otherwise provided, excluding the
Third Party Software and any documentation provided by the Third
Party Software licensors) are "unpublished works" for purposes of
11/29/95
'" (p -liPS
in or to the Licensed Programs or Licensed Documentation is
granted under this License, and no such assertion shall be made by
Licensee. Licensee is granted only a limited right of use and
duplication, as set forth herein, which right of use is not
coupled with an interest and is revocable only in accordance with
the terms of this License. Further, Licensee acknowledges that
all rights and title to all patent, copyright and trade secret
rights in the Licensed Programs and Licensed Documentation remain
the sole property of Licensor and/or the Third Part y Software
licensor, subject to the limited rights specifically granted to
Licensee.
4.2 TITLE TO DERIVATIVE WORKS. All right, title, and
interest in and to any Derivative Works developed by Licensor or
Licensee shall reside with Licensor in accordance with this
License.
SECTION 5
DELIVERY OF LICENSED PROGRAMS
5.1 DELIVERY. Licensor shall deliver the Licensed Programs
to Licensee in accordance with the shipping instructions and
delivery schedule stated in the System Contract.
SECTION 6
FEES AND TAXES
6.1 LICENSE FEE. In consideration of the license rights
granted hereunder, Licensee shall pay Licensor the compensation
for the Licensed Programs and the Licensed Documentation stated in
the System Contract.
6.2 TAXES AND FEES. Licensee shall be responsible for
paying all sales, use, excise, value-added, property or other tax
or governmental charges imposed on the licensing or use of the
Licensed Programs or Licensed Documentation, excluding any taxes
based on Licensor's income.
SECTION 7
PROTECTION OF PROPRIETARY MATERIALS
7.1 ACKNOWLEDGMENT OF PROPRIETARY MATERIALS; LIMITATION ON
USE. (a) Licensee acknowledges that the Licensed Programs and
Licensed Documentation (unless otherwise provided, excluding the
Third Party Software and any documentation provided by the Third
Party Software licensors) are "unpublished works" for purposes of
11/29/95
^ t,w> I~~
the United States laws of copyright and, furthermore, each
embodies valuable property rights and confidential and trade
secret information of Licensor, the development of which required
the expenditure of considerable time and money by Licensor.
Licensee recognizes that more than one copy of the Licensed
Programs will be licensed to others, and that this does not
evidence an intent by Licensor to publish the Licensed Programs,
and should not be construed as such a publication, nor does such
multiple licensing evidence any intent by Licensor not to treat
the Licensed Programs as its trade secret. Licensee shall treat
the Licensed Programs and Licensed Documentation in confidence (at
all times exercising at least a reasonable degree of care in the
protection of the Licensed Programs and Licensed Documentation)
and shall not use, copy, or disclose, nor perIni t any of its
personnel to use, copy, or disclose the same for any purpose that
is not specifically authorized under this License. Licensee
understands that a breach of its obligations in this Section 7
will result in substantial damage to Licensor.
(b) Licensee understands and agrees that under the terms of
this License, Licensee's use of the Licensed Programs and Licensed
Documentation is limited to those described in Sections 2.1 and
2.2. Licensee only may copy the Licensed Programs for the purpose
of making and retaining one (1) archival back-up copy of the
Licensed Programs, provided that all archival copies are destroyed
if continued possession of the Licensed Programs shall cease to be
rightful. No other copies are authorized, unless expressly agreed
in writing by Licensor. Any copy of the Licensed Programs made by
the Licensee shall be made only for the uses intended pursuant to
this License. Licensee shall not transfer or license the use of
all or any portion of the Licensed Programs to any third party or
entity.
7.2 paoPRIETARY LEGEND. Licensee agrees to respect and not
to (or permit any of its personnel to) remove, obliterate, or
cancel from view any copyright, trademark, service mark or
confidentiality notice, FAR Restricted Rights legend, or other
legend appearing on the Licensed Programs or any output of the
Licensed Programs, or on the Licensed Documentation. Licensee
agrees not to modify, disassemble, or decompile the Licensed
Programs, or any portion thereof, for purposes of reverse
engineering or otherwise.
7.3 SECURE HANDLING. (a) Licensee shall require that the
Licensed Programs and, as appropriate, the Licensed Documentation
be kept in separate secured safes or cabinets, which shall be
maintained in a manner so as to reasonably preclude unauthorized
11129/95
^ & -/~7
the United States laws of copyright and, furthermore, each
embodies valuable property rights and confidential and trade
secret information of Licensor, the development of which required
the expenditure of considerable time and money by Licensor.
Licensee recognizes that more than one copy of the Licensed
Programs will be licensed to others, and that this does not
evidence an intent by Licensor to publish the Licensed Programs,
and should not be construed as such a publication, nor does such
multiple licensing evidence any intent by Licensor not to treat
the Licensed Programs as its trade secret. Licensee shall treat
the Licensed Programs and Licensed Documentation in confidence (at
all times exercising at least a reasonable degree of care in the
protection of the Licensed Programs and Licensed Documentation)
and shall not use, copy, or disclose, nor permit any of its
personnel to use, copy, or disclose the same for any purpose that
is not specifically authorized under this License. Licensee
understands that a breach of its obligations in this Section 7
will result in substantial damage to Licensor.
(b) Licensee understands and agrees that under the terms of
this License, Licensee's use of the Licensed Programs and Licensed
Documentation is limited to those described in Sections 2.1 and
2.2. Licensee only may copy the Licensed Programs for the purpose
of making and retaining one ( 1) archival back-up copy of the
Licensed Programs, provided that all archival copies are destroyed
if continued possession of the Licensed Programs shall cease to be
rightful. No other copies are authorized, unless expressly agreed
in writing by Licensor. Any copy of the Licensed Programs made by
the Licensee shall be made only for the uses intended pursuant to
this License. Licensee shall not transfer or license the use of
all or any portion of the Licensed Programs to any third party or
entity.
7.2 PROPRIETARY LEGEND. Licensee agrees to respect and not
to (or permit any of its personnel to) remove, obliterate, or
cancel from view any copyright, trademark, service mark or
confidentiality notice, FAR Restricted Rights legend, or other
legend appearing on the Licensed Programs or any output of the
Licensed Programs, or on the Licensed Documentation. Licensee
agrees not to modify, disassemble, or decompile the Licensed
Programs, or any portion thereof, for purposes of reverse
engineering or otherwise.
7.3 SECURE HANDLING. (a) Licensee shall require that the
Licensed Programs and, as appropriate, the Licensed Documentation
be kept in separate secured safes or cabinets, which shall be
maintained in a manner so as to reasonably preclude unauthorized
11/29/95
^ I~
persons from having access thereto; and Licensee shall permit or
require that such safes or cabinets to be open to access only as
necessary for Licensee's use thereof in accordance with the terms
of this License.
(b) In particular, Licensee understands that any Source Code
provided to it under this License is to be tightly controlled as
to access and use.
7.4 LICENSEE'S OBLIGATIONS RESPECTING ACCESS. (a) Licensee
shall limit use of and access to the Licensed Programs and
Licensed Documentation to only such personnel of Licensee as are
directly involved in the use thereof by Licensee in respect of the
uses permitted by and described in this License, and Licensee
shall (i) disclose such information only to its personnel who
Licensee has no reason to believe are untrustworthy or may violate
the provisions of this Section 7, and (ii) prevent all Licensee's
personnel, and any other personnel except those of Licensor, from
having access to any such information that is not required in the
performance of their duties for Licensee in connection with work
that utilizes the Licensed Programs and Licensed Documentation.
(b) Licensee agrees that if requested by Licensor, it will
cause its relevant employees to execute a confidentiality and non-
disclosure agreement in a form that is acceptable to Licensor.
7.5 LICENSOR'S TRADEMARK. Licensee acknowledges that
Licensor considers its trademark, ONSITE@ to be a valuable
commercial property right. Licensee agrees that it will not
appropriate that trademark for its own use. Any trademarks of the
Third Party Software licensors also are to be considered to be
valuable property rights, and Licensee shall not appropriate any
such trademarks for its own use.
7.6 SURVIVAL OF TERMS. The provisions of this Section 7
shall survive termination of this License for any reason.
SECTION 8
LIMITED WARRANTIES, LIMITATIONS OF LIABILITY, AND
INFRINGEMENT INDEMNITY
8.1 L no: TED W'A.RRANTY AGAINST INFRINGDŒN'l'. Licensor
warrants to Licensee that to the best of its knowledge, the
Licensed Programs and Licensed Documentation, excluding the
Derivative Products, the Third Party Software and any Licensed
Documentation provided by the licensor of that Third Party
Software, as delivered to Licensee do not infringe any third-party
11/29/95
"~ ft, ~
persons from having access thereto; and Licensee shall permit or
require that such safes or cabinets to be open to access only as
necessary for Licensee's use thereof in accordance with the terms
of this License.
(b) In particular, Licensee understands that any Source Code
provided to it under this License 13 to be tightly controlled as
to access and use.
7.4 LICENSEE'S OBLIGATIONS RESPECTING ACCESS. (a) Licensee
shall limit use of and access to the Licensed Programs and
Licensed Documentation to only such personnel of Licensee as are
directly involved in the use thereof by Licensee in respect of the
uses permitted by and described in this License, and Licensee
shall (i) disclose such information only to its personnel who
Licensee has no reason to believe are untrustworthy or may violate
the provisions of this Section 7, and (ii) prevent all Licensee's
personnel, and any other personnel except those of Licensor, from
having access to any such information that is not required in the
performance of their duties for Licensee in connection with work
that utilizes the Licensed Programs and Licensed Documentation.
(b) Licensee agrees that if requested by Licensor, it will
cause its relevant employees to execute a confidentiality and non-
disclosure agreement in a form that is acceptable to Licensor.
7.5 LICENSOR'S TRADEMARK. Licensee acknowledges that
Licensor considers its trademar k, ONSITE@ to be a valuable
commercial property right. Licensee agrees that it will not
appropriate that trademark for its own use. Any trademarks of the
Third Party Software licensors also are to be considered to be
valuable property rights, and Licensee shall not appropriate any
such trademarks for its own use.
7.6 SURVIVAL OF TERMS. The provisions of this Section 7
shall survive termination of this License for any reason.
SECTION B
LIMITED WARRANTIES, LIMITATIONS OF LIABILITY, AND
INFRINGEMENT INDEMNITY
8.1 LIMITED WAlUlANTY AGAINST INFRINGEMENT. Licensor
warrants to Licensee that to the best of its knowledge, the
Licensed Programs and Licensed Documentation, excluding the
Derivative Products, the Third Party Software and any Licensed
Documentation provided by the licensor of that Third Party
Software, as delivered to Licensee do not infringe any third-party
11/29/95
'" /:;- 70
rights in patent or copyright, or misappropriate any trade
secrets, in the United States.
8.2 LIMITED WARRANTY OF CONFORMITY. (a) Licensor warrants,
for the benefit only of Licensee, that for the warranty period
described in Exhibit A, the Licensed Programs (excluding the
Derivative Products) and Licensed Documentation shall
substantially conform to the material requirements of the
specifications stated in the System Contract.
(b) Notwithstanding the warranty provisions set forth in
Section 8.2(a), all of Licensor's obligations with respect to such
warranties shall be contingent on Licensee's use of the Licensed
Programs in accordance with this License and Licensor's or the
Third Part y Software licensor's instructions as provided in the
Licensed Documentation or otherwise, as such may be amended,
supplemented, or modified by Licensor from time to time.' Licensor
shall have no warranty obligations with respect to any portion of.
the Licensed Programs that have been (i) operated by Licensee in a
manner inconsistent with requirements set forth in the Licensed
Documentation or under the provisions of this License or that have
been modified by any party other than Licensor or a Third Party
Software licensor; (ii) damaged in any manner and by any cause
other than the act or omission of Licensor; (iii) operated or
maintained in environmental conditions outside the parameters
designated by Licensor in the Licensed Documentation or elsewhere;
(iv) subjected to extreme power surge or electromagnetic field; or
(v) moved from the Designated Site without the prior written
consent of Licensor.
8.3 EXCLUSIVE REMEDY. The sole and exclusive remedy of
Licensee for any claim that the Licensed Programs do not satisfy
the requirements established by the System Contract shall be an
Error Correction. Licensor shall use commercially reasonable
efforts to provide an Error Correction with respect to each such
claim. Howeve r, Licensor shall not be obligated to correct, cure,
or otherwise remedy any deficiencies in the Licensed Programs
resulting from any (i) modification of the Licensed Programs by
Licensee; (ii) misuse or damage of the Licensed Programs other
than by personnel of Licensor; or (iii) failure of Licensee to
notify Licensor of the existence and nature of such nonconformity
or defect promptly upon its discovery.
8.4 DISCLAIMER OF WARRANTY. EXCEPT AS REGARDS THE EXPRESS
WARRANTIES SPECIFICALLY SET FORTH HEREIN, LICENSOR HEREBY MAKES NO
OTHER WARRANTIES TO LICENSEE, WHETHER EXPRESS OR IMPLIED,
REGARDING OR RELATING TO THE LICENSED PROGRAMS. LICENSOR
11/29/95
" (,#/1/
rights in patent or copyright, or misappropriate any trade
secrets, in the United States.
8.2 LIMITED 'HARRANTY OF CONFORMITY. (a) Licensor warrants,
for the benefit only of Licensee, that for the warranty period
described in Exhibit A, the Licensed Programs (excluding the
Derivative Products) and Licensed Documentation shall
substantially conform to the material requirements of the
specifications stated in the System Contract.
(b) Notwithstanding the warranty provisions set forth in
Section 8.2(a), all of Licensor's obligations with respect to such
warranties shall be contingent on Licensee's use of the Licensed
Programs in accordance with this License and Licensor's or the
Third Party Software licensor's instructions as provided in the
Licensed Documentation or otherwise, as such may be amended,
supplemented, or modified by Licensor from time to time. Licensor
shall have no warranty obligations with respect to any portion of.
the Licensed Programs that have been (i) operated by Licensee in a
manner inconsistent with requirements set forth in the Licensed
Documentation or under the provisions of this License or that have
been modified by any party other than Licensor or a Third Party
Software licensor; (ii) damaged in any manner and by any cause
other than the act or omission of Licensor; (iii) operated or
maintained in environmental conditions outside the parameters
designated by Licensor in the Licensed Documentation or elsewhere;
(i v) subjected to extreme power surge or electromagnetic field; or
(v) moved from the Designated Site without the prior written
consent of Licensor.
8.3 EXCLUSIVE :QEMED Y. The sole and exclusive remedy of
Licensee for any claim that the Licensed Programs do not satisfy
the requirements established by the System Contract shall be an
Error Correction. Licensor shall use commercially reasonable
efforts to provide an Error Correction with respect to each such
claim. Howeve r, Licensor shall not be obligated to correct, cure,
or otherwise remedy any deficiencies in the Licensed Programs
resulting from any (i) modification of the Licensed Programs by
Licensee; (ii) misuse or damage of the Licensed Programs other
than by personnel of Licensor; or (iii) failure of Licensee to
notify Licensor of the existence and nature of such nonconformity
or defect promptly upon its discovery.
9.4 DISCLAIMER OF WARRANTY. EXCEPT AS REGARDS THE EXPRESS
WARRANTIES SPECIFICALLY SET FORTH HEREIN, LICENSOR HEREBY MAKES NO
OTHER WARRANTIES TO LICENSEE, WHETHER EXPRESS OR IMPLIED,
REGARDING OR RELATING TO THE LICENSED PROGRAMS. LICENSOR
11/29/95
~ ~ (p-/1J-
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE LICENSED PROGRAMS OR THE USE THEREOF.
8.5 LIMITATION OF LIABILITY. (a) Licensee acknowledges and
agrees that the license fee specified in Section 6.1 of this
License does not include any consideration for the assumption by
Licensor of the risk of Licensee's consequential or incidental
damages that may arise in connection with Licensee's use of the
Licensed Programs or Licensed Documentation. ACCORDINGLY,
LICENSEE AGREES THAT LICENSOR SHALL NOT BE RESPONSIBLE TO LICENSEE
(OR ANY CUSTOMER OF LICENSEE) FOR ANY LOSS-OF-PROFIT, LOSS OF
DATA, DOWN-TIME, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR LACK
THEREOF UNDER THIS LICENSE OR THE USE OF THE LICENSED PROGRAMS OR
LICENSED DOCUMENTATION, WHETHER OR NOT LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR ACTION.
(b) Licensee releases Licensor from all obligations,
liabilities, claims, demands or expenses (including attorney's
fees and costs) relating to the Licensed Programs or Licensed
Documentation in excess of the limitation provided in Section 8.3.
8.6 LICENSEE INDEMNIFICATION. Except as provided in
Sections 8.1 and 8.5, Licensee shall defend, indemnify, and hold
harmless Licensor from and against any claims, demands,
liabilities, or expenses (including attorney's fees and costs) for
any injury or damage, including, but not limited to, any personal
or bodily injury or property damage, arising out of or resulting
in any way from any defect in the Licensed Programs or Licensed
Documentation or use thereof.
8.7 LICENSOR INDEMNIFICATION. (a) Subject to Section, 8.1,
Licensor. shall indemnify, hold harmless, and save Licensee
harmless from liability against any claim, demand, loss, costs
(including reasonable attorney's fees) or action alleging that the
Licensed Programs or Licensed Documentation infringe or
misappropriate, as appropriate, any third-party intellectual
property rights in the United States, which indemnification is
predicated upon Licensee (i) fully co-operating with Licensor in
the defense or settlement of any such actions, and (ii) giving
Licensor prompt written notice of any claim, demand, or action for
which indemnification is sought.
(b) In the defense or settlement of any infringement or
trade secret misappropriation claim, as appropriate, Licensor may,
at its expense, procure for Licensee the right to continue to use
11/29/95
~ ^ &,/13
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE LICENSED PROGRAMS OR THE USE THEREOF.
8.5 LIMITATION OF LIABILITY. (a) Licensee acknowledges and
agrees that the license fee specified in Section 6.1 of this
License does not include any consideration for the assumption by
Licensor of the risk of Licensee's consequential or incidental
damages that may arise in connection with Licensee's use of the
Licensed Programs or Licensed Documentation. ACCORDINGLY,
LICENSEE AGREES THAT LICENSOR SHALL NOT BE RESPONSIBLE TO LICENSEE
(OR ANY .cUSTOMER OF LICENSEE) FOR ANY LOSS-OF-PROFIT, LOSS OF
DATA, DOWN-TIME, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR LACK
THEREOF UNDER THIS LICENSE OR THE USE OF THE LICENSED PROGRAMS OR
LICENSED DOCUMENTATION, WHETHER OR NOT LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR ACTION.
(b) Licensee releases Licensor from all obligations,
liabilities, claims, demands or expenses (including attorney's
fees and costs) relating to the Licensed Programs or Licensed
Documentation in excess of the limitation provided in Section 8.3.
8.6 LICENSEE INDEMNIFICATION. Except as provided in
Sections 8.1 and 8.5, Licensee shall defend, indemnify, and hold
harmless Licensor from and against any claims, demands,
liabilities, or expenses (including attorney's fees and costs) for
any injury or damage, including, but not limited to, any personal
or bodily injury or property damage, arising out of or resulting
in any way from any defect in the Licensed Programs or Licensed
Documentation or use thereof.
8.7 LICENSOR INDEMNIFICATION. (a) Subject to Section, 8.1,
Licensor shall indemnify, hold harmless, and save Licensee
harmless from liability against any claim, demand, loss, costs
(including reasonable attorney's fees) or action alleging that the
Licensed Programs or Licensed Documentation infringe or
misappropriate, as appropriate, any third-party intellectual
property rights in the United States, which indemnification is
predicated upon Licensee (i) fully co-operating with Licensor in
the defense or settlement of any such actions, and (ii) giving
Licensor prompt written notice of any claim, demand, or action for
which indemnification is sought.
(b) In the defense or settlement of any infringement or
trade secret misappropriation claim, as appropriate, Licensor may,
at its expense, procure for Licensee the right to continue to use
11/29/95
~,.., - /
the allegedly infringing or misappropriating Licensed Programs or
Licensed Documentation¡ or any portion thereof, or may replace or
modify the Licensed Programs or Licensed Documentation or any
portion thereof ¡ to make it not infringing or misappropriating.
If Licensor elects to replace or modify the Licensed Programs or
Licensed Documentation or any portion thereof, such replacement
substantially shall meet the specifications of the Licensed
Programs or Licensed Documentation.
(c) Further, Licensor shall have no liability for any claim
of infringement or trade secret misappropriation of the Licensed
Programs or Licensed Documentation based on Licensee's (i) use of
the Licensed Programs or Licensed Documentation in a manner
exceeding the scope of rights granted to Licensee under this
License, (ii) use of the Licensed Programs or Licensed
Documentation in any manner inconsistent with the terms and
conditions of this License, (iii) use of the Licensed Programs or
Licensed Documentation after Licensor's reasonable written notice
that Licensee should cease use of the Licensed Programs or
Licensed Documentation due to a claim of infringement or
misappropriation, or (i v) combining the Licensed Programs or
Licensed Documentation with another program or other data if such
claim of infringement or misappropriation would have been avoided
had such combination not occurred. Licensee hereby releases and
discharges Licensor from any and all claims of infringement or
misappropriation arising under this Section 8.7(c), and Licensee
agrees to indemnify and defend Licensor from and against all such
damages, costs, and expenses, including reasonable attorney's
fees, provided that such indemnity obligation shall not supersede,
replace, limit or relieve any other obligations Licensor may have
with respect to said claim of infringement or misappropriation.
(d) This Section 8.7 states that sole and exclusive remedies
of Licensee against Licensor in the event of a claim of
intellectual property rights infringement or trade secret
misappropriation as regards the Licensed Programs or Licensed
Documentation.
B.B NO THIRD PARTY RIGHTS. The various warranties,
indemnifications and limitations of liability are only for the
benefit of Licensee and no such obligations shall be deemed to be
granted hereunder to any customer of Licensee, except as regards
certain pass-throughs that may be offered by Third Party Software
licensors.
11/29/95 ¿'ø/1t
"..,
the allegedly infringing or misappropriating Licensed Programs or
Licensed Documentation, or any portion thereof, or may replace or
modify the Licensed Programs or Licensed Documentation or any
portion thereof, to make it not infringing or misappropriating.
If Licensor elects to replace or modify the Licensed Programs or
Licensed Documentation or any portion thereof, such replacement
substantially shall meet the specifications of the Licensed
Programs or Licensed Documentation.
(c) Further, Licensor shall have no liability for any claim
of infringement or trade secret misappropriation of the Licensed
Programs or Licensed Documentation based on Licensee's (i) use of
the Licensed Programs or Licensed Documentation in a manner
exceeding the scope of rights granted to Licensee under this
License, (ii) use of the Licensed Programs or Licensed
Documentation in any manner inconsistent with the terms and
conditions of this License, (iii) use of the Licensed Programs or
Licensed Documentation after Licensor's reasonable written notice
that Licensee should cease use of the Licensed Programs or
Licensed Documentation due to a claim of infringement or
misappropriation, or (iv) combining the Licensed Programs or
Licensed Documentation with another program or other data if such
claim of infringement or misappropriation would have been avoided
had such combination not occurred. Licensee hereby releases and
discharges Licensor from any and all claims of infringement or
misappropriation arising under this Section 8.7(c), and Licensee
agrees to indemnify and defend Licensor from and against all such
damages, costs, and expenses, including reasonable attorney's
fees, provided that such indemnity obligation shall not supersede,
replace, limit or relieve any other obligations Licensor may have
with respect to said claim of infringement or misappropriation.
(d) This Section 8.7 states that sole and exclusive remedies
of Licensee against Licensor in the event of a claim of
intellectual property rights infringement or trade secret
misappropriation as regards the Licensed Programs or Licensed
Documentation.
8.8 NO THIRD PARTY RIGHTS. The various warranties,
indemnifications and limitations of liability are only for the
benefit of Licensee and no such obligations shall be deemed to be
granted hereunder to any customer of Licensee, except as regards
certain pass-throughs that may be offered by Third Party Software
licensors.
11/29/95 fÞ-¡
... "'
SECTION 9
FORCE MAJEURE
9.1 LrMIT OF LIABILITY. Neither party shall be liable for
any costs or damages attributable to non-performance (including
delays on the part of Licensor or Licensee in making their
respective performance obligations hereunder) arising out of any
"Event of Force Majeure". For purposes of this License, an Event
of Force Majeure includes, but is not limited to, riot, strike,
work stoppage or delay, labor dispute, boycott, war (declared or
undeclared), insurrection, rebellion, terrorist act, civil
disturbance, disposition or order of governmental authority,
whether such authority be actual or assumed, acts of God, or
unavoidable delay due to major disabling airplane or ship
accident, or other causes recognized by both parties as being an
Event of Force Majeure or like cause within proven and accepted
precedent.
9.2 NOTICE. Each party shall give the other party prompt
notice of the occurrence of any Event of Force Majeure that is
expected to cause delay hereunder, and the date of performance by
any such party shall be extended for a period not exceeding the
period of delay caused by the Event of Force Majeure identified in
such notice.
9.3 LICENSE TERMINATION. Unless the performance by either
party of its obligations under this License is delayed by the
occurrence of any Event of Force Majeure for a period of more than
six (6) months (and such delay is excused under the foregoing
provisions), no Event of Force Majeure shall excuse permanent
nonperformance, but shall excuse only delays in performance and
only to the extent that such delays are directly attributable to
such cause. Should any Event of Force Maj eure delay performance
for a period of more than six (6) months, either party may
terminate and rescind this License upon notice to the other party.
SECTION 10
TERM AND TERMINATION
10.1 TERM AND EFFECTIVE DATE. The date from which this
License shall be considered to be effective is the effective date
of the System Contract (the "Effective Date"). This License shall
commence on the Effective Date and shall continue thereafter until
terminated in accordance with the terms hereof; or if the System
Contract is terminated prior to final acceptance of the SCADA
System, this License shall automatically terminate effective as of
the termination of the System Contract.
11/29/95 (, ~ 11~
' .
SECTION 9
FORCE MAJEURE
9.1 LIMIT OF LIA:BILITY. Neither party shall be liable for
any costs or damages attributable to non-performance (including
delays on the part of Licensor or Licensee in making their
respective performance obligations hereunder) arising out of any
"Event of Force Majeure". For purposes of this License, an Event
of Force Majeure includes, but is not limited to, riot, strike,
work stoppage or delay, labor dispute, boycot t, war (declared or
undeclared), insurrection, rebellion, terrorist act, civil
disturbance, disposition or order of governmental authority,
whether such authority be actual or assumed, acts of God, or
unavoidable delay due to major disabling airplane or ship
accident, or other causes recognized by both parties as being an
Event of Force Majeure or like cause within proven and accepted
precedent.
9.2 NOTICE. Each party shall give the other party prompt
notice of the occurrence of any Event of Force Majeure that is
expected to cause delay hereunder, and the date of performance by
any such party shall be extended for a period not exceeding the
period of delay caused by the Event of Force Majeure identified in
such notice.
9.3 LICENSE TERMINATION. Unless the performance by either
party of its obligations under this License is delayed by the
occurrence of any Event of Force Majeure for a period of more than
six (6) months (and such delay is excused under the foregoing
provisions), no Event of Force Majeure shall excuse permanent
nonperformance, but shall excuse only delays in performance and
only to the extent that such delays are directly attributable to
such cause. Should any Event of Force Maj eure delay performance
for a period of more than six (6) months, either party may
terminate and rescind this License upon notice to the other party.
SECTION 10
TERM AND TERMINATION
10.1 TERM AND EFFECTIVE DATE. The date from which this
License shall be considered to be effective is the effective date
of the System Contract (the "Effective Date"). This License shall
commence on the Effective Date and shall continue thereafter until
terminated in accordance with the terms hereof; or if the System
Contract is terminated prior to final acceptance of the SCADA
System, this License shall automatically terminate effective as of
the termination of the System Contract.
11/29/95
". 7
10.2 EVENTS OF DEFAULT. (a) This License may be terminated
by Licensor for noncompliance with its terms by Licensee. Events
of default include the failure of Licensee materially to comply
with any provision of the License, but, in particular, to comply
strictly with Sections 2 (Grant of License), 4 (Title to
Materials), and 7 (Protection of Proprietary Materials).
(b) Any such termination shall be effective thirty (30) days
after written notice thereof has been given to Licensee, if the
default(s) have not been cured within such thirty (30) day period.
10.3 ACTIONS UPON TEIUaNA T ION. Upon termination of this
License for any reason, including Force Majeure, Licensee shall
immediately cease and desist in the use of, and return forthwith
to Licensor, the Licensed Programs and Licensed Documentation, and
any copies or portions thereof, or provide adequate evidence to
Licensor that all the foregoing have been destroyed and that no
copies have been retained by Licensee.
SECTION 11
DISPUTE RESOLUTION
11.1 CONSULTATION. All disputes arising from the execution
of or in connection with this License shall be settled through
consultation by Senior Management of Licensor and Licensee, and
each party shall identify such Senior Management representatives
to the other within thirty (30) days of the Effective Date.
11 . 2 RIGHT TO ARBITRATE. In the event that the dispute is
not resolved to the mutual satisfaction of the parties within
thirty (30) days after the commencement of the process of Senior
Management consultation, which process shall be initiated by a
party through written notice of the dispute being delivered to the
other party, either Licensor or Licensee has the right to submit
the dispute to arbitration or other alternate dispute resolution
procedure, ~..9.., mediation. Any such alternative dispute
resolution proceeding shall be commenced wi thin one (1) calendar
year from the conclusion of the above referenced thirty (30) day
period. Failure to timely commence such proceeding shall
extinguish the right to such proceeding granted under this
License.
11 . 3 APPLICABLE RULES. (a) In the event that arbitration is
selected by the parties, disputes between Licensor and Licensee
concerning this License shall be finally settled by arbitration
proceedings C~.~., to the exclusion of judicial or other
11/29/95
,... {p-l1 F
10.2 EVENTS OF DEFAULT. (a) This License may be terminated
by Licensor for noncompliance with its terms by Licensee. Events
of default include the failure of Licensee materially to comply
with any provision of the License, but, in particular, to comply
strictly with Sections 2 (Grant of License), 4 (Title to
Materials), and 7 (Protection of Proprietary Materials).
(b) Any such termination shall be effective thirty (30) days
after written notice thereof has been given to Licensee, if the
default(s) have not been cured within such thirty (30) day period.
10.3 ACTIONS UPON TERMINATION. Upon termination of this
License for any reason, including Force Majeure, Licensee shall
immediately cease and desist in the use of, and return forthwith
to Licensor, the Licensed Programs and Licensed Documentation, and
any copies or portions thereof, or provide adequate evidence to
Licensor that all the foregoing have been destroyed and that no
copies have been retained by Licensee.
SECTION 11
DISPUTE RESOLUTION
11.1 CONSULTATION. All disputes arising from the execution
of or in connection with this License shall be settled through
consultation by Senior Management of Licensor and Licensee, and
each party shall identify such Senior Management representatives
to the other within thirty (30) days of the Effective Date.
11.2 RIGHT TO ARBITRATE. In the event that the dispute is
not resolved to the mutual satisfaction of the parties within
thirty (30) days after the commencement of the process of Senior
Management consultation, which process shall be initiated by a
party through written notice of the dispute being delivered to the
other part y, either Licensor or Licensee has the right to submit
the dispute to arbitration or other alternate dispute resolution
procedure, ~'51. I mediation. Any such alternative dispute
resolution proceeding shall be commenced within one (1) calendar
year from the conclusion of the above referenced thirty (30) day
period. Failure to timely commence such proceeding shall
extinguish the right to such proceeding granted under this
License.
11 . 3 APPLICABLE RULES. (a) In the event that arbitration is
selected by the parties, disputes between Licensor and Licensee
concerning this License shall be finally settled by arbitration
proceedings (j~.~., to the exclusion of judicial or other
11/29/95 9
" r
adjudicatory procedures, except as provided in Section 11.4) to be
held pursuant to the Commercial Arbitration Rules of the American
Arbitration Association, and in Santa Ana, California; and such
proceeding shall be heard by one or more arbitrator (s) named in
conformi ty with the applicable such rules. Whether one or more
than one arbitrators are selected, the arbitrator or arbitrators
who are appointed sha).l have experience in intellectual property
transactions involving computers and computer software. I f more
than one arbitrator is selected, the arbitrator selected by each
party shall elect a third arbitrator by mutual consent or, if this
fails, they shall seek a third arbitrator in accordance with the
arbitration rules applicable to the dispute.
(b) Within thirty (30) days after the conclus ion of the
arbitrator's or arbitrators' hearing, as the case may be, the
arbitrator(s) shall render the decision reached (by a majority of
them, if more than one arbitrator); and if one of the parties so
requests, such decision shall be in writing and shall set forth
the reasons in support thereof. The award of the arbitrator (s)
shall be final and binding upon the parties; and judgment upon
such award may be entered in any court having jurisdiction, or
application may be made to such court for a judicial acceptance of
the award and an order of enforcement, as the case may be.
11.4 COURT PROCEEDINGS.' Notwi thstanding the foregoing
arbitration procedure, Licensor may institute court proceedings
for the limited purpose of seeking temporary and/or permanent
inj uncti ve relief (and related costs or expenses or incidental
remedies), the need for which arises out of or in connection with
any actual, threatened or likely potential infringement of its
rights in and to, or unauthorized disclosure other misuse of, the
Licensed Programs or Licensed Documentation, in the appropriate
State of California or U.S. District Court located in either
Orange County or San Diego County, California; the appropriate
state or U.S. District Court for the residence of Licensee; or any
court of competent jurisdiction that Licensor, in its reasonable
discretion, deems appropriate. In the event any of such temporary
injunctive relief if granted (or, if the court is also asked to
grant permanent inj uncti ve relief, then in the event any such
permanent injunctive relief is granted), the parties agree that
all further formal court proceedings (except as pertain to the
related costs or expenses or incidental remedies noted above)
shall be stayed, pending final determination of all disputed
issues (whether the same arise in connection with or in addition
to the relevant court order(s) for temporar¥ or permanent
injunctive relief), by the arbitrator(s) selected pursuant to
Section 11.3. The parties hereby note that they each understand,
11/29/95
"~ ~-
adjudicatory procedures, except as provided in Section 11.4) to be
held pursuant to the Commercial Arbitration Rules of the American
Arbitration Association, and in Santa Ana, California; and such
proceeding shall be heard by one or more arbitrator(s) named in
conformity with the applicable such rules. Whether one or more
than one arbitrators are selected, the arbitrator or arbitrators
who are appointed sha,ll have experience in intellectual property
transactions involving computers and computer software. If more
than one arbitrator is selected, the arbitrator selected by each
party shall elect a third arbitrator by mutual consent or, if this
fails, they shall seek a third arbitrator in accordance with the
arbitration rules applicable to the dispute.
(b) Within thirty (30) days after the conclusion of the
arbitrator's or arbitrators' hearing, as the case may be, the
arbitrator(s) shall render the decision reached (by a majority of
them, if more than one arbitrator); and if one of the parties so
requests, such decision shall be in writing and shall set forth
the reasons in support thereof. The award of the arbitrator(s)
shall be final and binding upon the parties; and judgment upon
such award may be entered in any court having jurisdiction, or
application may be made to such court for a judicial acceptance of
the award and an order of enforcement, as the case may be.
11. 4 COURT PROCEEDINGS. Notwithstanding the foregoing
arbitration procedure, Licensor may institute court proceedings
for the limited purpose of seeking temporary and/or permanent
injunctive relief (and related costs or expenses or incidental
remedies), the need for which arises out of or in connection with
any actual, threatened or likely potential infringement of its
rights in and to, or unauthorized disclosure other misuse of, the
Licensed Programs or Licensed Documentation, in the appropriate
State of California or u.S. District Court located in either
Orange County or San Diego County, California; the appropriate
state or U.S. District Court for the residence of Licensee; or any
court of competent jurisdiction that Licensor, in its reasonable
discretion, deems appropriate. In the event any of such temporary
injunctive relief if granted (or, if the court is also asked to
grant permanent injunctive relief, then in the event any such
permanent injunctive relief is granted), the parties agree that
all further formal court proceedings (except as pertain to the
related costs or expenses or incidental remedies noted above)
shall be stayed, pending final determination of all disputed
issues (whether the same arise in connection with or in addition
to the relevant court order(-s) for temporary or permanent
injunctive relief), by the arbitrator(s) selected pursuant to
Section 11.3. The parties hereby note that they each understand,
11/29/95
~.-- /Þ-- g/
acknowledge and agree that any such infringement, disclosure or
misuse will cause very substantial, immediate, irreparable injury
to Licensor and/or any Third Party Software licensors.
11.5 CONTrNUATION OF PERFORMANCE. During the course of the
arbitration, the parties shall continue to carry out the terms of
the License, including the disputed provisions, unless the dispute
goes to the essence of the provision and, thereby, renders
continued performance not unlawful, possible or impracticable.
11. 6 FEES/COSTS. If any action at law or in equity is
necessary to enforce or interpret the terms of this License,
unless otherwise provided in the decision and award issued out of
the arbitration or other dispute resolution proceeding, the
prevailing party shall be entitled to reasonable attorney's fees,
costs and necessary disbursements, in addition to any other relief
to which he may be entitled.
SECTION 12
MISCELLANEOUS
12.1 NO AS S I GNMENT. Licensee shall not sell, transfer or
assign any right or obligation hereunder, except as expressly
stated in the System Contract. Any act in derogation of the
foregoing shall be null and void; provided, however, that any such
assignment shall not relieve Licensee of its obligations under
this License.
12.2 BINDING ON SUCCESSORS AND ASSIGNS. Subject to, and
unless otherwise provided in this License, each and all of the
covenants, terms, provisions, and agreements contained in this
License shall be binding on, and inure to the benefit of, the
permitted successors, executors, heirs, representatives,
administrators, and assigns of the parties hereto.
12 . 3 NO WAIVER. The failure of any party to enforce any of
the provisions of this License shall not be construed to be a
waiver of the right of such party thereafter to enforce such
provisions.
12.4 FREEDOM OF ACTION. This License shall not be construed
to limit Licensee's ability to obtain services and software
programs from other sources, nor shall it be construed to limit
Licensor's right to grant others any further non-exclusive right
or license in the Licensed Programs or Licensed Documentation.
This License alone establishes the rights, duties, and obligations
11/29/95
"..... ¿'-j
acknowledge and agree that any such infringement, disclosure or
misuse will cause very substantial, immediate, irreparable injury
to Licensor and/or any Third Party Software licensors.
11. 5 CONTINUATION OF P ERFO RNAN CE. During the course of the
arbitration, the parties shall continue to carry out the terms of
the License, including the disputed provisions, unless the dispute
goes to the essence of the provision and, thereby, renders
continued performance not unlawful, possible or impracticable.
11. 6 FEES/COSTS. If any action at law or in equity is
necessary to enforce or interpret the terms of this License,
unless otherwise provided in the decision and award issued out of
the arbitration or other dispute resolution proceeding, the
prevailing party shall be entitled to reasonable attorney's fees,
costs and necessary disbursements, in addition to any other relief
to which he may be entitled.
SECTION 12
MISCELLANEOUS
12 . 1 NO ASSIGNMENT. Licensee shall not sell, transfer or
assign any right or obligation hereunder, except as expressly
stated in the System Contract. Any act in derogation of the
foregoing shall be null and void; provided, however, that any such
assignment shall not relieve Licensee of its obligations under
this License.
12.2 BINDING ON SUCCESSORS AND ASSIGNS. Subject to, and
unless otherwise provided in this License, each and all of the
covenants, terms, provisions, and agreements contained in this
License shall be binding on, and inure to the benefit of, the
permitted successors, executors, heirs, representatives,
administrators, and assigns of the parties hereto.
12.3 NO WAIVER. The failure of any party to enforce any of
the provisions of this License shall not be construed to be a
waiver of the right of such party thereafter to enforce such
provisions.
12.4 FREEDOM OF ACTION. This License shall not be construed
to limit Licensee's ability to obtain services and software
programs from other sources, nor shall it be construed to limit
Licensor's right to grant others any further non-exclusive right
or license in the Licensed Programs or Licensed Documentation.
This License alone establishes the rights, duties, and obligations
11/29/95
"..., t,-/
of the Licensor and Licensee with respect to the subject matter
hereof.
12 . 5 INDEPENDENT CONTRACTOR RELATIONSHIPS. Licensor and
Licensee each are independent contractors under this License, and
nothing herein shall be construed to create a partnership, joint
venture or agency relationship between such parties.
12 . 6 GOVERNING LAW. The validity, construction, and
performance of this License shall be governed by the substantive
laws of the State Qf California, not including its law of
conflicts of laws.
12.7 SEVERABILITY. If any provision of this License is held
by a court of competent jurisdiction to be contrary to law, the
remaining provisions of this License will remain in full force and
effect.
12.8 NOTICE. Any notice required or permitted to be made or
given by either party under this License shall be made in writing
and shall be in writing and sent or transmitted by (i) registered
or certified mail, postage prepaid, (ii) hand-delivery or courier
service delivery that obtains receipt of delivery; or (iii)
cablegram, telex or facsimíle message, provided its receipt is
evident or acknowledged; and, in the case of Licensor, addressed
to:
Systems Integrated
2200 North Glassell Street
Orange, California 92665
Attn: Susan Corrales-Diaz
FAX: (714) 998-6059; or
In case of Licensee, to:
Attn:
FAX: .
12 . 9 ENTIRE LICENSE. Except as otherwise described in this
License, and acknowledging the applicability of any separate
proj ect contract (including the System Contract) to this License,
the provisions herein constitute the entire agreement between the
parties with respect to the subject matter hereof and supersede
all prior agreements, oral or written, and all other
communications relating to the subject matter hereof. No
11/29/95 ~f
""' (p.-
of the Licensor and Licensee with respect to the subject matter
hereof.
12.5 INDEPENDENT CONTRACTOR RELATIONSHIPS. Licensor and
Licensee each are independent contractors under this License, and
nothing herein shall be construed to create a partnership, joint
venture or agency relationship between such parties.
12 . 6 GOVERNING LAW. The validity, construction, and
performance of this License shall be governed by the substantive
laws of the State Qf California, not including its law of
conflicts of laws.
12.7 SEVERABILITY. If any provision of this License is held
by a court of competent jurisdiction to be contrary to law, the
remaining provisions of this License will remain in full force and
effect.
12.8 NOTICE. Any notice required or permitted to be made or
given by either party under this License shall be made in writing
and shall be in writing and sent or transmitted by (i) registered
or certified mail, postage prepaid, (ii) hand-delivery or courier
service delivery that obtains receipt of delivery; or (iii)
cablegram, telex or facsimíle message, provided its receipt is
evident or acknowledged; and, in the case of Licensor, addressed
to:
Systems Integrated
2200 North Glassell Street
Orange, California 92665
Attn: Susan Corrales-Diaz
FAX: (714)998-6059; or
In case of Licensee, to:
Attn:
FAX: .
12 . 9 ENTIRE LICENSE. Except as otherwise described in this
License, and acknowledging the applicability of any separate
Proj ect contract (including the System Contract) to this License,
the provisions herein constitute the entire agreement between the
parties with respect to the subject matter hereof and supersede
all prior agreements, oral or written, and all other
communications relating to the subject matter hereof. No
11/29/95
, '^' ¿,#
amendment or modification of any provision of this License shall
be effective unless set forth in a document that purports to amend
this License and is executed by both parties hereto.
Notwithstanding, in the event of any conflict between the terms
and conditions of this License and those of the System Contract,
this License shall be accorded priority in interpretation and
application.
IN WITNESS WHEREOF, the duly authorized representatives of
parties have caused this License to be executed in duplicate
copies, effective as of the Effective Date.
Systems Integrated, LLC.
("Licensor")
By:
Susan Corrales-Diaz
Title: President
( "Licensee")
By:
Name:
(Print)
Title:
SER: FDT95/011
11/29/95 ~þ
~ ~ t,ø
amendment or modification of any provision of this License shall
be effective unless set forth in a document that purports to amend
this License and is executed by both parties hereto.
Notwithstanding, in the event of any conflict between the terms
and conditions of this License and those of the System Contract,
this License shall be accorded priority in interpretation and
application.
IN WITNESS WHEREOF, the duly authorized representatives of
parties have caused this License to be executed in duplicate
copies, effective as of the Effective Date.
Systems Inteqrated, LLC.
("Licensor")
By:
Susan Corrales-Diaz
Title: President
("Licensee")
By:
Name:
(Print)
Title:
SER: FDT95/011
11/29/95
~ "
Exhibi t A
[To Be Inserted]
11/29195 M If, ~ I t 11
Exhibi t A
[To Be Inserted]
11/29/95
~~ b
Exhibi t B
DESCRIPTION OF LICENSED. DOCUMENTATION
.
Support Documentation for Systems Integrated's oNSITE@ Software
Package, as described in the System Contract.
11/29/95
,,~ ~- /'10
Exhibi t B
DESCRIPTION OF LICENSED. DOCUMENTATION
, ,
Support Documentation for Systems Integrated's ONSITE@ Software
Package, as described in the System Contract.
11/29/95 .. <"'4/
", ~'I'1
Exhibi t c
DESCRIPTION OF LICENSED PROGRAMS
Systems Integrated's ONSITE@ Software Package, as described in the
System Contract.
11/29/95
22
(p- / i9-
Exhibi t c
DESCRIPTION OF LICENSED PROGRAMS
Systems Integrated's ONSITE@ Software Package, as described in the
System Contract.
11/29/95
22
!c:J-'/93
COUNCIL AGENDA STATEMENT
Item f
Meeting Date: 3/16/2004
ITEM TITLE: Resolution Amending the FY2003-2004 Budget by appropriating
$14,000 from the available balance of the Sewer Fund
SUBMITTED BY: Director of Public Works Operations ¡/
Director of Finance ~
REVIEWED BY: &tvrv (4/5ths Vote: Yes -.lL No ~
City Manage~ {) ~ The FY 2003-2004 budget authorized the purchase of the Lift Station/Pool Maintenance pump
truck during its normal replacement cycle. The vehicle cost a total of $35,262. However,
additional tools and cabinets are needed and were not included in the purchase of this vehicle.
Therefore, additional funds are needed to outfit the new pump truck.
RECOMMENDATION: That Council amend the FY2003-2004 Budget by appropriating
$14,000 from the available balance of the Sewer Fund.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The vehicle replacement process buys a vehicle in a like-for-like exchange. However, the Lift
Station/Pool Maintenance Section has changed its new vehicle requirements since the last
purchase in order to comply with new regulations. For example, the section must now meet
regulations pertaining to confined space entry, which were not in place before the last vehicle
purchase. The new regulations require that self-contained breathing apparatus, slings, and tripods
and other tools now be carried with the crew. This resolution will provide the funds for the
cabinets and tools needed to meet those requirements.
FISCAL IMPACT:
The estimated cost of the enhancements is $14,000. The total required funds will be provided by
the Sewer Fund. Therefore, there is no impact to the General Fund.
C:IDocul11ents and Settingslrobel1blMy Docul11entslBoblequipl11entlA 113 Pul11pcrewO4.doc
r¡ - I
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2003-2004
BUDGET BY APPROPRIATING $14,000 FROM THE
A V AILABLE BALANCE OF THE SEWER FUND
WHEREAS, the Fiscal Year 2003-2004 Budget authorized the purchase of a Lift
Station/Pool Maintenance pump truck during its normal replacement cycle; and
WHEREAS, the Lift StationlMaintenance Section has changed its new vehicle
requirements since the last vehicle purchase in order to comply with new regulations; and
WHEREAS, the new regulations require that self-contained breathing apparatus, slings,
and tripods and other tools now be carried with the crew; and
WHEREAS, the funds to purchase the cabinets and tools which are needed to meet the
new requirements were not included in the Fiscal Year 2003-2004 Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2003-2004 budget by appropriating $14,000 fÌom the
available balance of the Sewer Service Revenue Fund to the Sewer Service Revenue Fund's
Capital budget.
Presented by Approved as to form by
~(.~
Jack Griffin Ann Moore
Director of General Services City Attorney
J:\attol11ey\reso\finance\Amend FY 03-04 appropriating $14,000
1,;r
COUNCIL AGENDA STATEMENT
Item: <:/
Meeting Date: 03/16/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING CHANGES TO THE FIFTH
EMERGENCY SERVICES AGREEMENT
SUBMITTED BY: Fire Chief Þ þ.~
REVIEWED BY: City Manager f) (4/5ths Vote: Yes - No -L)
BOARDS/COMMISSIONS RECOMMENDATION: N/A
The Fifth Amended Emergency Services Agreement was ratified by the City
Council on December 12, 2002. The proposed change to the Fifth Agreement will
add a voting formula for a weighted vote.
RECOMMENDATION:
That Council ratify the changes to the Fifth Em~rgency Services Agreement.
BACKGROUND:
The Unified Disaster Council is the policy making body for the Unified San Diego
County Emergency Services Organization. The UDC consists of a
representative of each member agency and meets quarterly to review and
approve Operational Area documents, contracts entered into by the Unified San
Diego County Emergency Services Organization, develop budget and
apportionment recommendations, and purchase or dispose of property and
equipment.
DISCUSSION:
The Unified Disaster Council (UDC) is requesting ratification by the City Council
of changes to the Fifth Emergency Services Agreement. The original agreement
was executed in 1961 and subsequently amended four times. It created the
Unified San Diego County Emergency Services Organization of which the County
and all Cities within the County are signatories. The purpose of the organization
is to coordinate and facilitate regional plans and programs for preservation and
safety of life and property, and to make provisions for the execution of plans,
programs, and mutual aid assistance in the event of a multi-jurisdictional
emergencies or disasters. The Fifth Amended Emergency Services Agreement
was ratified by the City Council on December 12, 2002.
t I
Proposed Chanqes
The proposed change will add a weighted vote formula based on population as
described in attachment I. The weighted vote helps protect the interest of large
member cities such as the City of San Diego and Chula Vista. Currently all
member agencies regardless of population have one vote. The proposed
change to the Fifth agreement allows member agencies to request a weighted
vote when needed. The specific language added to section F of the agreement
is as follows:
4. A majority of the Member Agencies constitutes a quorum for the
transaction of business. In order to act on any item, the following formula (a) and
(b) shall apply:
a. A majority vote of the members present on the basis of one vote per
agency.
b. A majority of the weighted vote of the members present (when requested).
. b.1 For the weighed vote, there shall be a total of 100 votes.
Additional votes shall be allowed following the admission of a newly
incorporated city as a member agency. The newly incorporated city
shall receive one vote under the single vote procedure and one
vote under the weighted vote procedure until the next
recomputation of the weighted vote, at which time the new city shall
receive votes in accordance with the specified SANDAG formula -
Section 5 (Section 132351.2 of the Public Utilities Code):
. b.1.1. Any agency with 40 percent or more of the total population
of the San Diego County region shall be allocated 40 votes.
. b.1.2. The remaining Member Agencies votes shall be determined
by population using the SANDAG formula.
c. When a weighted vote is taken on any item requested, or one that
requires more than a majority vote of the Unified Disaster Council, it shall
also require the supermajority percentage of the weighted vote.
d. Any member agency may request a weighted vote on an agenda item
e. The weighted vote shall be recomputed every July 1st using the State of
California Department of Finance certified population estimates.
FISCAL IMPACT:
Ratification of the Sixth Amended Emergency Services Agreement results in no
fiscal impact to the General Fund.
g¿é)-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING CHANGES TO THE FIFTH
EMERGENCY SERVICES AGREEMENT
WHEREAS, The Unified Disaster Council Fifth Amended Emergency
Services Agreement was ratified by the City Council on December 12, 2002; and,
WHEREAS, changes are proposed to be made to the Fifth Agreement;
and,
WHEREAS, The proposed change to the Fifth Agreement will add a
voting formula for a weighted vote; and,
WHEREAS, The weighted vote strengthens and protects the interests of
large cities such as the City of San Diego and Chula Vista; and,
WHEREAS, the weighted vote may be requested at any time; and,
WHEREAS, the weighted vote formula will provide each member agency
with votes based on the SANDAG formula - Section 5 (Section 132351.2 of the
Public Utilities Code); and,
NOW, THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA
COUNCIL HEREBY ADOPTS THE RESOLUTION RATIFYING CHANGES
TO THE FIFTH EMERGENCY SERVICES AGREEMENT
Presented by: Approved as to form by:
/A- ~-~
\ \,..----.-- . \ \
. ~ \
D.ougla~ A. Perry~ . Ann Moore
--Fire ChIef L- City Attorney
H:/shared/attorney/Weighted Vote reso
f,3
THE ATTACHED AGREEìvlENT HAS BEEN REVIE\VED
A~D APPROVED AS TO FORJvl BY THE CITY
F
ATTORJ~EY'S OFFICE AND \VILL BE
FO~\lALl Y SIGNED UPO'\f APPROVAL BY
THE CITY COUNCIL
~~~
Ann \ loore
Cirv AIIOrìlè\
- -
D ::1I è d: 3/11/04
FIFTH AMENDED EMERGENCY SERVICES AGREEMENT WITH WEIDNER
CONSULTING
YHn
.~
,
,"- ~Fi
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
FIFTH AMENDED
EMERGENCY SERVICES AGREEMENT
This Joint Powers Agreement is entered into by and between the County of San Diego, a
political subdivision of the State of California (County) and the incorporated cities within the
County who are signatories hereto (City or Cities). Nothing in this agreement is intended to
lessen participating member jurisdictions' authority over and responsibility for events occurring
within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or
federal emergency management requirements can be passed on to member jurisdictions.
WITNESSETH
WHEREAS, Government Code section 8605 designates each county as an operational
area for emergency purposes and Government Code section 8610 authorizes each county and the
cities in each county to "organize and structure their operational area" and to create disaster
councils; and
WHEREAS, the County and the Cities desire to provide for a unified emergency
services organization in the San Diego Operational area; and
WHEREAS, the purpose of the organization is to coordinate and fucilitate regional plans
and programs for the preservation and safety of life and property, and to make provisions for the
execution of plans, programs, and mutual aid assistance in the event of multi-jurisdictional
emergencies or disasters; and
WHEREAS, the parties previously entered into the Fourth Amended Emergency
Services Agreement of 1991; and
WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that
this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency
separate fÌ"om the parties; and
WHEREAS, the parties desire to further amend the Agreement to include all provisions
required for joint powers agreements, all of which are incorporated into this Fifth Amended
Emergency Services Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto mutually agree as follows:
A. This Agreement is made pursuant to Government Code section 6500 and following
relating to the joint exercise of powers common to public agencies.
1. The County and the Cities each possess the common powers referred to above.
g~5
UDC Page I 2004
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
2. The purpose of this Agreement is to exercise such powers jointly by creating the
Unified San Diego County Emergency Services Organization, a public agency
that is separate ITom the parties to this Agreement.
B. The Unified San Diego County Emergency Services Organization is hereby created
and established to facilitate planning and preparedness activities on an Operational
Area level to include the foUowing services:
1. Aid, assist and advise the County and each City in the preparation and
development of an emergency plan for the County and for each City and in the
County.
2. Prepare and develop Operational Area emergency procedures and guidelines
which may be used by participating members and which provide for needs and the
coordination of those needs in the event ofa major disaster or other emergency.
3. Aid, assist and advise the County and the Cities with the training of public
employees for the emergency services organization.
4. Provide countywide emergency services programs as may be determined and
approved by the San Diego County Unified Disaster Council, hereinafter
mentioned and referred to as Unified Disaster Council or Council.
From time to time special County-wide programs may be developed under this
Agreement. In those situations, the Unified Disaster Council may establish
operational and funding requirements for participation and will seek approval of
participating members. Where programs may not be supported by one or more
jurisdictions, such programs may be executed between agreeing jurisdictions.
Upon approval of the Unified Disaster Council, these programs may include
participation by non-member agencies or jurisdictions.
5. Develop and keep current on a countywide basis an inventory of all equipment
and supplies available now in the county for use in the event of an emergency.
Such inventory listing will be made available to all participating members.
6. Provide technical assistance in obtaining any federal or state funds which may
become available to the County and the Cities for emergency purposes and in the
acquisition by the County and the Cities of surplus property for emergency
servIces purposes.
7. Enter into contracts which are necessary and proper to provide the services
authorized in Paragraphs A1 through B6 above, including contracts for any
services necessarily implied ITom those expressed.
UDC 2 2004
{,(,
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
8. The Unified San Diego County Emergency Services Organization shall not
exercise the powers listed above in a manner that exceeds the County's authority
to exercise those powers.
C. The County and Cities, who are signatory to this agreement, adopt the Operational
Area concept as identified in Chapter 7 Section 8605 of Division 1 of Title 2 of the
California Government Code, and support established mutual aid agreements as the
basis for m u lti- jurisdictional emergency operations. During such multi-
jurisdictional emergencies, the staff of the organization shall assist the Operational
Area Coordinator in carrying out his or her responsibilities under these mutual aid
agreements.
D. The County and Cities signatory to this agreement shall:
1. Become members of the Unified San Diego County Emergency Services
Organization.
2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever
authority it is lawful for the County and Cities to delegate when such delegation
shall be deemed necessary by said Council. This delegation of authority shall be
restricted to whatever expenditure of County and City funds and use of County
and City personnel, equipment and supplies as are made available by the County
and the Cities for emergency services purposes.
E. In consideration of these mutual promises, it is hereby mutually agreed that:
1. The County will pay fifty percent (50%) of the cost of establishing and
maintaining the Unified San Diego County Emergency Services Organization.
2. The Cities signatory hereto will pay fifty percent (50%) of the cost of maintaining
the Unified San Diego Emergency Services Organization, said fifty percent to be
apportioned among the cities in accordance with the following formula:
a) One-half of the 50%, or 25% of the total budget, shall be apportioned by
people units or population in participating Cities.
b) The remaining 25% of the total budget shall be apportioned by the total
assessed valuation of real and personal property in participating Cities.
3. For the purposes of this Agreement the total assessed valuation of real and personal
property in all the participating Cities shall be the amount assessed in the fiscal year
prior to the budgeted year, as found in the Property Valuation and Tax Rate--
San Diego COWlty, California, published by the Auditor and Controller of the COWlty
of San Diego.
ODC 3 2004
~-1
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
4. If at the end of any fiscal year there remains an unencumbered balance derived
:&om budget savings or revenues received for emergency services purposes, such
balance shall be credited to the participating members at the rate of their
contribution for that fiscal year, towards the following fiscal year for the
expenditures of the Unified San Diego County Emergency Services Organization.
5. In the event a participating member withdraws :&om this agreement, such member
will receive its refundable share of the unencumbered balance for that fiscal year
in a single payment.
6. In the event a participating member contributes more than the formula requires
towards maintaining the Unified San Diego County Emergency Services
Organization, that contributing member shall determine where the excess
contributions will be applied.
7. In the event a non-participating organization or agency contributes funding to the
Unified San Diego County Emergency Services Organization, that contributing
organization or agency shall determine where the contribution will be applied.
8. If application of contributions received under paragraphs E6 or E7 above, affect
the completion of tasks identified in an annual workplan, approved by the Unified
Disaster Council, acceptance of such contributions shall be subject to Disaster
Council approval.
9. The San Diego County Unified Emergency Services Organization shall account
for and shall maintain reports of all funds received and all disbursements made.
These reports shall be provided to any party upon request.
10. The County Treasurer shall be the depositary and have custody of all the money
of the Unified San Diego County Emergency Services Organization and shall do
the following:
a. Receive and receipt for all money of the Unified San Diego County
Emergency Services Organization and place it Ùl the County treasury to
the credit of the Emergency Services Organization;
b. Be responsible upon his or her bond for the safekeeping and disbursement
of all Emergency Services Organization money held by him or her;
c. Pay, when due, out of money of the Emergency Services Organization
held by him or her, all sums payable on outstandÙlg bonds and coupons of
the Emergency Services Organization;
UDC 4 2004
f-g
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
d. Pay any other sums due :trom the Emergency Services Organization &om
Emergency Services Organization money, only upon warrants drawn by
the County Auditor/Controller pursuant to paragraph E 11;
e. Verify and report in writing at least quarterly each year to the Emergency
Services Organization and to each party to this Agreement the amount of
money he or she holds for the Emergency Services Organizatio~ the
amount of receipts since his or her last report, and the amount paid out
since his or her last report; and
£ Invest funds of the Unified San Diego County Emergency Services
Organization pursuant to Government Code section 53601.
11. The County Auditor and Controller/Chief Financial Officer shall perform the
functions of auditor and controller for the San Diego County Unified Emergency
Services Organization and shall do the following:
a. Draw warrants to pay demands against the Emergency Services
Organization when the demands have been approved by the Director,
Office of Emergency Services, or his or her designee;
b. Make or contract with a certified public accountant or public accountant to
make an annual audit of the accounts and records of the Emergency
Services Organization except for those accounts and records that are
subject to an annual audit by the state or the United States. In such case,
the minimum requirements of the audit shall be those prescribed by the
Controller for special districts under Government Code section 26909 and
shall conform to generally accepted auditing standards; and
c. File the audit report with each party to this Agreement and with the
County Auditor and Controller.
12. The costs of the audit shall be borne by the San Diego County Emergency
Services Organization and shall be a charge against the unencumbered funds of
the Emergency Services Organization available for this purpose.
13. The San Diego County Unified Emergency Services Organization may, by
unanimous request of its governing body, replace the annual special audit with an
audit covering a two-year period.
14. The annual audit requirement specified above shall not apply if the Controller
audits the fmancial statements of the Emergency Services Organization to satisfy
federal audit requirements.
UDC 5 2004
~1
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
15. The San Diego County Board of Supervisors shall determine the charges to be
made against the San Diego County Unified Emergency Services Organization for
the services of the treasurer and auditor.
16. The Unified San Diego County Emergency Services Organization shall
administer this Agreement.
17. The debts, liabilities and obligations of the San Diego County Unified Emergency
Services Organization shall not be debts, liabilities and obligations of the parties
to this Agreement, but shall be the debts, liabilities and obligations of the
San Diego County Emergency Services Organization.
18. Upon termination of this Agreement any surplus money on hand shall be returned
to the parties in the same ratio as the parties contribute to the cost of the
San Diego County Unified Emergency Services Organization as set forth in
paragraphs Eland 2.
F. The San Diego County Unified Disaster Council is hereby established and is the
polkoy making body of the Unified San Diego County Emergency Services
Organization. The Unified Disaster Council consists of the following:
1. The Chairperson of the County Board of Supervisors who shall be the
Chairperson and who shall represent the County.
2. The Coordinator of the Unified San Diego County Emergency Services
Organization who shall be the Vice-Chairperson and who is selected by the
Unified Disaster Council from among: The Chief Administrative Officer of the
County or the City Manager and/or Chief Administrator of any participating City.
Two additional persons may be selected from the staff of the Coordinator or from
those specified in paragraph F2 above to act as first and second alternates in the
absence or inability of the Coordinator to serve.
3. A representative from each member agency who shall be designated as a primary
representative to the Council, each member agency shall also designate a first and
second alternate if the primary representative is unable to attend.
4. A majority of the Member Agencies constitute a quorum for the transaction
of business. In order to act on any item, the following voting formula (a.)
and (b.) shall apply:
a. A majority vote of the members present on the basis of one vote per agency.
b. A majority of the weighted vote of the members present (when requested).
UDC 6 2004
If)
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
b.1. For the weighted vote, there shall be a total of 100 votes. Additional votes
shall be allowed following the admission of a newly incorporated city as a
member agency. The newly incorporated city shall receive one vote under the
single vote procedure and one vote under the weighted vote procedure until the
next recomputation of the weighted vote, at which time the new city shall
receive votes in accordance with the specified SANDAG formula - Section 5
(Section 132351.2 of the Public Utilities Code):
b.l.l. Any agency with 40 percent or more of the total population of the San
Diego County region shall be allocated 40 votes.
b.l.2. The remaining Member Agencies votes shall be determined by population
using the SANDAG formula - Section 5 (Section 132351.2 of the Public
Utilities Code).
c. When a weighted vote is taken on any item requested, or one that requires
more than a majority vote of the Unified Disaster Council, it shall also require
the supermajority percentage of the weighted vote.
d. Any member agency may request a weighted vote on an agenda item.
e. The weighted vote shall be recomputed every July I st using the State of
California Department of Finance certified population estimates.
G. The Unified Disaster Council meets at least quarterly and upon call of the
Chairperson or in his or her absence, or inability to call such a meeting, upon the
call of the Coordinator. It is the duty of the Unified Disaster Council and it is
empowered:
1. To develop a proposed budget and to recommend a budget and the apportionment
thereof to the County and all participating Cities. The County and the
participating Cities shall not adopt budgets differing fÌ'om the budget
recommended by the Unified Disaster Council without first consulting with the
Unified Disaster Council;
2. To review and approve Operational Area documents which may include
emergency mutual aid plans, disaster preparedness plans, agreements, and any
ordinances, resolutions, rules and regulations as may be necessary to implement
such plans and agreements;
3. To purchase, lease, own, or dispose ofproperty and equipment, and to review and
approve contracts to be entered into by the Unified San Diego County Emergency
Services Organization pursuant to Section 7 of Part A of this Agreement and to
meet all other purposes of this agreement.
UDC 7 2004
~/II
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
H. The Chairperson of the Unified Disaster Council has the following powers and
duties:
1. To call regular and special meetings of the Unified Disaster Council.
2. To execute, at the direction of the Unified Disaster Council, contracts, agreements
and other instruments necessary to the timely functioning of the Unified
San Diego County Emergency Services Organization.
3. To execute contracts, agreements and other instruments necessary to the timely
functioning of the Unified San Diego Emergency Services Organization if the
Unified Disaster Council is not in session, provided such contracts, agreements, or
other instruments, do not conflict with the annual work plan as may be approved
by the Unified Disaster Council.
4. To delegate to the Coordinator of Emergency Services or to the Director of the
Office of Emergency Services, herein after referred, authority to execute
contracts, agreements, and other instruments as specified in paragraphs 2 and 3
above, subject to approval of the Unified Disaster Council.
5. To establish committees and appoint members subject to ratification of the
Unified Disaster Council.
6. To represent the Unified Disaster Council, or appoint a Council representative, in
all dealings with public or private agencies on emergencies or emergency
management issues pertaining to the Emergency Services Organization.
7. To represent the interests of the unincorporated area of the County. The
Chairperson may designate a person to represent such interests in his or her
absence.
I. The Coordinator of the Unified San Diego County Emergency Services
Organization has the following powers and duties:
1. To request the City Council or Councils to proclaim the existence or threatened
existence of a local emergency if said Council or Councils are in session or to
request such proclamation by the City Manager or other authorized person if the
Council or Councils are not in session subject to ratification by the Council or
Councils at the earliest practical time.
2. To request the Board of Supervisors to proclaim the existence or threatened
existence of a countywide local emergency if the Board of Supervisors is in
session or to request such proclamation by the Chief Administrative Officer or
other authorized person if the Board of Supervisors is not in session, subject to
ratification by the Board of Supervisors at the earliest practical time.
ODC 8 2004
!èl~
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
3. To request the Governor of the State of California through the Board of
Supervisors or the CouncH or Councils of the affected City or Cities to proclaim
the existence of a state of emergency or state of war emergency when, in the
opinion of the Coordinator, the resources of the area or region are inadequate to
cope with the emergency.
4. To serve as the Operational Area Coordinator and to coordinate the mutual aid
efforts of the parties to this agreement.
5. To receive funds for the Unified San Diego County Emergency Services
Organization and to send them to the County Treasurer for deposit pursuant to
paragraph E 1 0 above.
6. To authorize the County Auditor/Controller to draw warrants for disbursement of
San Diego County Unified Emergency Services Organization funds pursuant to
paragraph E 10 above.
J. There is hereby created an Office of, and Director for, Emergency Services. The
Office shall be under the direction of the Chief Administrative Officer of the County
of San Diego, and the Coordinator of Emergency Services for the Unified San Diego
County Emergency Services Organization.
The staff effort directly applicable to County of San Diego functions shall not exceed the
level of the financial contribution of that jurisdiction and shall not be inconsistent with
the workplan as may be approved by the Unified Disaster Council.
The Director and staff of the Office of Emergency Services shall be responsible for
emergency management duties which may include:
1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan
and to respond to emergencies in accordance with emergency plans;
2. To aid, assist, and advise the County and each City in the preparation and
development of emergency plans;
3. To coordinate and assist in the recruitment and training of emergency services
personnel;
4. To coordinate and assist in the procurement and inventory of emergency supplies
and equipment and in obtaining Federal matching funds and surplus property;
5. To develop, maintain and administrate countywide programs as may be
determined by the Unified Disaster Council;
6. To coordinate Operational Area emergency public education programs;
UDC 9 2004
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
7. To develop, maintain and distribute Operational Area inventories of vital
resources;
8. To develop and maintain public warning systems for the San Diego Operational
Area;
9. To develop an annual workplan and budget for review and approval by the
Unified Disaster Council;
10. To execute and approve all instruments necessary to the day-to-day operation of
the Emergency Services Organization as specified in the approved budget, and
workplan, and approved changes there to;
11. To provide administration and coordination of County employees functioning as
staff to the Unified San Diego County Emergency Services Organization; and
12. To Chair meetings of the Unified Disaster Council in the absence of the
designated Chair and Vice-Chair of the Unified Disaster Council.
K. The Unified San Diego County Emergency Services Organization and the Unified
Disaster Council are structured herein in accordance with the Emergency Services
Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101.) In the
event the organizations are altered materially in the Emergency Services
Ordinance, any party may offer to the other participating parties amendments to
conform the agreement to the Ordinance. All amendments to the Agreement shall
be in writing and effective upon execution by aU parties.
L. The terms "state of war emergency", "state of emergency", and "local emergency"
used herein shall have the same definition as is provided in the California
Emergency Services Act, Government Code Section 8558.
M. This agreement shall become effective upon the execution of the agreement by the
County Board of Supervisors and by all Cities desiring to become signatories
hereto.
Execution of this agreement supersedes the prior Emergency Services Agreement,
formerly known as the Civil Defense and Disaster Agreement, and all amendments
thereto and also supersedes the Fourth Amended Emergency Services Agreement
of 1991.
N. Any of the cities within the County of San Diego which are now, or which may
hereafter become incorporated may become a party to this agreement by executing
an agreement hereunder and filing such executed agreement with the Coordinator
or, in his or her absence, the fint or second alternate coordinator.
UDC 10 2004
g-Ilf
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
O. This agreement may be terminated as to any of the parties by written notice given
by such party to all the other parties which notice shall be given at least 120 days
prior to the commencement of the fiscal year in which the termination is to take
effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar
year through June 30 of the next succeeding calendar year.
UDC II 2004
<{-IS
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto do affix their signatures.
SAN DIEGO COUNTY
UNIFIED DISASTER COUNCIL
Council Approval
Date: By
Chairman, Unified Disaster Council
CITY OF CARLSBAD
Council Approval
Date: By
CITY OF CHULA VISTA
Council Approval
Date: By
CITY OF CORONADO
Council Approval
Date: By
CITY OF DEL MAR
Council Approval
Date: By
CITY OF EL CAJON
Council Approval
Date: By
UDC 12 2004
g-I (p
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
CITY OF ENCINIT AS
Council Approval
Date: By
CITY OF ESCONDIDO
Council Approval
Date: By
CITY OF IMPERIAL BEACH
Council Approval
Date: By
CITY OF LA MESA
Council Approval
Date: By
CITY OF LEMON GROVE
Council Approval
Date: By
CITY OF NATIONAL CITY
Council Approval
Date: By
CITY OF OCEANSIDE
Council Approval
Date: By
UDC 13 2004
?~/1
UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT
CITY OF POW A Y
Council Approval
Date: By
CITY OF SAN DIEGO .
Council Approval
Date: By
CITY OF SAN MARCOS
Council Approval
Date: By
CITY OF SANTEE
Council Approval
Date: By
CITY OF SOLANA BEACH
Council Approval
Date: By
CITY OF VISTA
Council Approval
Date: By
COUNTY OF SAN DIEGO
Board Approval
Date: By
Clerk of the Board of Supervisors
01-01226
UDC 14 2004
f/' / g
COUNCIL AGENDA STATEMENT
Item: --ß
Meeting Date: 3/16/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $54,407 IN
UNANTICIPATED GRANT FUNDS FROM THE FY 2003
FIREFIGHTER ASSISTANCE GRANT AND AMENDING
THE FY 04 FIRE DEPARTMENT BUDGET TO
APPROPRIATE $77,725 WHICH INCLUDES A LOCAL
MATCH OF $23,318 FROM THE GENERAL FUND
SUBMITTED BY: Fire Chief" ~ ~
REVIEWED BY: (;t( (4/5ths Vote: YeslLNo -)
City Manager, ()tU
{~'e
The Fire Department has been awarded a federal grant in the amount of $77,725
from the FY 2003 Firefighter Assistance Grant. The grant will be used to train
and equip a Rapid Intervention Team (RIT) to service Chula Vista and four
neighboring communities. The program consists of specialized training and
equipment and two thermal cameras to protect the health and safety of our
firefighting personnel and the public. The federal grant will pay $54,407 of the
program's cost and requires a 30% local cash match of $23,318 to be paid for by
the General Fund.
RECOMMENDATION:
That Council accept $54,407 in unanticipated grant funds from the FY 2003
Firefighter Assistance Grant and amend the FY 2004 Fire Department budget to
appropriate $77,725 including a local match of $23,318 from the General Fund.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In March of 2003 the Fire Department applied for a federal Firefighter Assistance
Grant. The Fire Department has been awarded the first federal grant under the
Firefighter Assistance Program. The total grant award is $77,725 of which
$54,407 will be paid for from the FY 2003 Firefighter Assistance Grant and the
remainder from the General Fund. The grant will be used to train and equip a
q--I
Rapid Intervention Team (RIT) program to service Chula Vista and four
neighboring communities.
The grant will allow the Fire Department to purchase 13 RIT Kits and a rescue
breathing apparatus assembly for each kit plus two thermal imagers. The RIT
kits will be placed on Fire Apparatus. The two thermal imagers will be placed on
two from line fire engines. In the event of a fire the thermal imagers would
enable the Fire Department to locate both a firefighter and member of the public
in these structures.
In addition, the Fire Department will be able to send 9 firefighters to the California
State Certified RIT 16 hour train-the-trainer course. The course is provided
locally, in San Diego, California. Following the training the department will use a
train the trainer approach for direct delivery of training to over 150 firefighters in
the Chula Vista, Bonita, Coronado, Imperial Beach and National City. RIT training
would include firefighter self-survival training as well as firefighter rescue training.
Rescue training for new and existing personnel will be ongoing. Furthermore, the
firefighters attending the formal California State Certified course will serve as
teachers and resources for all the fire agencies in our zone.
Grant Requirements
The grant requires a local cash match of $23,318 (30%).
FISCAL IMPACT:
Acceptance of this grant will result in a one-time cost to the General Fund of
$23,318.
q,r
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $54,407 IN UNANTICIPATED
GRANT FUNDS FROM THE FY 2003 FIREFIGHTER
ASSISTANCE GRANT AND AMENDING THE FY 04 FIRE
DEPARTMENT BUDGET TO APPROPRIATE $77,725 WHICH
INCLUDES A LOCAL MATCH OF $23,318 FROM THE
GENERAL FUND
WHEREAS, the Fire Department has been awarded a federal grant in the
amount of$77,725 from the FY 2003 Firefighter Assistance Grant; and,
WHEREAS, the grant will be used to train and equip a Rapid Intervention
Team (RIT) to service Chula Vista and four neighboring communities; and,
WHEREAS, the program consists of specialized training and equipment
and two thermal cameras to protect the health and safety of our firefighting
personnel and the public; and,
WHEREAS, the FY 2003 Firefighter Assistant Grant will pay for $54,407
of the program; and,
WHEREAS, the grant requires a 30% local cash match of $23,318 to be
paid for by the General Fund.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF CHULA VISTA DOES HEREBY ACCEPT $54,407 IN
UNANTICIP A TED GRANT FUNDS FROM THE FY 2003 FIREFIGHTER
ASSISTANCE GRANT AND AMEND THE FY 2004 FIRE DEPARTMENT
BUDGET TO APPROPRIATE $77,725 WHICH INCLUDES A LOCAL
MATCH OF $23,318 FROM THE GENERAL FUND.
Presented by: Approved as to form by:
""""""'"
// )4 ~ð--~
(' ! ..
.~~--~ '-; (
r-
~uglaš A. Perr~ Ann Moore
Fire Chief City Attorney
H:/shared/attorney/FF Grant reso
q~3
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: It)
MEETING DATE: ~/16/0~
ITEM TITLE: RESOLUTION RATIFYING THE 2004 BUDGET OF THE
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID),
ACCEPTING THE REPORT ON THE 2004 BUDGET OF THE
DOWNTOWN PROPERTY.BASED BUSINESS IMPROVEMENT
DISTRICT (PBID), AND RATIFYING THE ELECTION OF THE 2004
DOWNTOWN BUSINESS ASSOCIATION BOARD OF DIRECTORS
AND OFFICERS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR( ~ L..M
REVIEWED BY: CITY MANAGER ¿
Or
4/STHS VOTE: YESDNO~
BACKGROUND
In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown Business
Association (DBA) is required, annually in March, to submit its budget from the Business
Improvement District (BID) assessment, the Property-Based Business Improvement District (PBID)
assessment, and the results of its annual election of Directors and Officers.
RECOMMENDATION
To adopt the resolution ratifying the 2004 budget of the Downtown Business Improvement
District, accepting the report on the 2004 budget of the Downtown Property-Based Business
Improvement District, and ratifying the 2004 election of the Downtown Business Association
Board of Directors and Officers.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The Chula Vista Downtown Business Association was established in 1971 to promote business
activities in downtown Chula Vista and to aid in efforts to revitalize the area. The City Council
resolution establishing the Downtown Business Improvement District and the resolution establishing
the Downtown Property-Based Improvement District require that the DBA submit their budget and
the results of their election of Directors and Officers to the City Council in March of each year for
/0
PAGE 2, ITEM NO.:
MEETING DATE: 03/16/04
ratification. Copies of the 2004 BID budget, the 2004 PBID budget and the roster of Directors and
Officers is attached as Exhibits A, B, and C.
The DBA is a non-profit corporation formed to administer the District's business. Generally the
organization receives about $20,000 annually from the BID assessment, which is included as part
of business license fees collected by the City within the District; and $315,000 from the PBID
assessment, which is collected by the County as part of annual property tax receipts. The DBA also
receives revenues of approximately $150,000 from special events promoting the City's Downtown
Business District. As of December 31, 2003, the DBA had received $250,602.12 in PBID
assessments and $23,066.97 from BID assessments.
The DBA's budget, like most non-profits, is on a calendar year basis. The DBA Board approves
their budget in January and submits it to the City Council for approval in March, in accordance with
the Municipal Code. Because of the disparity between the DBA's fiscal year and the City's, the DBA
submits any requests for financial assistance through its budget process and such requests are
usually incorporated into the Community Development Department's budget as is deemed
appropriate. Generally, support from the Department to the DBA includes City staff services for
special events, which is included in the Department's Town Centre I City Staff Services budget, and
technical assistance on issues of concern between the DBA, its members and local government.
FISCAL IMPACT
The DBA's 2003 budget for the BID was $187,500 and the 2004 budget is $169,800. This
represents a slight decrease from last year. Ratification of the attached budgets and election of
directors and officers represents no cost to the City of Chula Vista.
Attachments
J:\COMMDEV\Estes\TCI\PBID Contract\pbid 2004\dba ratifications 2003.doc
I ""
0 8 0 8 0 00 88 88 8 ~, 88 8 8 8 8 8
0 0 0 , , , . ,, 00 , ,
...I ~' g 'g g' 'g ~~ gg ~~ '§ § §§ '§ g g 'g: g
¡5 "I '" '" '" "'~ '" '" ..,.. ..,
1õ 0 ö .n ~.n ....",:: 5! "" "'~ .... .,; <D "'::. .,;
0 "I :!!
I-
...... ...... ... ...... ...... ...... ...... ...... ...... ...... ...... ... ... ... ...... ...... ...... ...... ...... ... ......... ...
0 8 88 0 0 0 - 8 :
CD 0 0 0 0
'3 N g g ~~. g c:i c:i - g -
0 0
>- C') 0 '" 0 '" '" -
.š ° "I ,..:
r/)
... ... ...... ... ... ... ...
Õ'O . 8 : 8 :
c:i - g :
S=~ 0
=t:o "I "'. .
1- ... ...
... ... ....
0 8 88 0 8 8 8 - 8 :
0 0
c § c:i gg c:i g g g - § -
0 ..,. 0 '"
E ~ 0 "'.... 0 "'. '"
CD 0 <D Ñ '" ri ~ .
...I
... ... ...... ... ... ... ... ...
0 8 --
{! , 0 - -
CD ..,. g g --
u . '" "'. --
c 0 Ñ
C 0
0 0
:0:; '" ... ...
(\] 8 0 0 : 8
'õ - 0 0
0 III c:i c:i c:i - g
r/) CD co ~ 0 0
IL C') q '" '"
r/) ~ 0 Ñ
« D..
r/) ... ... ... ... ... ... ... .'
r/)-
Q) Q) 8 8 88 0 0 8 - 8 :
cO> 0 0
-- "C 8 ~ c:i g gg § g g - § -
r/) ::I 8
::1m '" """ "'. ....
c. <D Ñ riÑ ..¡ - t
m õ 0
cO
:::ãi ... ... ...... ... ... ... ...
.9-q- ~ 0 - -
co 0 ~ ' :
0 co c:i
:::0 0 - -
.c 0 "'.
ON r/) .
0 ... 0
11:1
(\] 0 ... ... .
-
r/) 8 0 '8 ,- -
:> JO: , 0 . : ' :
iii ~ c:i c:i
(\] ~.!!II) g '"
"3 CD 11:10
'Or/)
.c iñ
() ... ... ... ... ...
8 8 0 8 . 8 :
I!!- 0
c:i c:i g â . § ~
CDCDN '" 15
E1!:or: .... ~
ri ri .n .
:¡~o ...
IL
... ... ...... ... ... ... ... ...
iii 0 0 8 88 8 8 8 8 8 8 8- 8 :
0 , 0 " .
c ~' g 'g c:ic:i g § c:i § ~ ~ 'g. § :
0 00 0
... q """ '" 0. '" . .
.- co .n ,..: ,..: ..¡ .,; co "'::. ",' .
f ° 1õ "I
!
0 ...... ... ... ...... ...... ... ...... ... ... ... ... ... ......... ...
GI
GI
;E
E
c § III
() GI $ $ WI
0 g III
:¡:¡ .. ;E fi ë
c. WI'C t! E E GI
-¡: C ::J E III E
u ~ ! .91$ ~ ::J 0 ë E II 1i
t l!~ II. l1 ~j . I
:II I.~ II II () ~
~~ III~ cE D GI c 1i GI
a GI ~
c .9 § 110: m u. c > E ë l;'.5
c 8en ci!.1l E> :u 0 IS WI ~,i ~
c as CD clf Booð g ~ c- 5i -g'
Ii m() ~.§ .2.~ "
:;:;I ï¡ ".I: ~ã: ooðE It 20 E.!! ~~ ~j! II.
IS i w() Õc Ii WI ~ .!! -= I¡ : .;! II E .
0'" ct! i~l~ ¡~ WI g ~I~ ~ 9J i II cm £Æ 51
> '5c ÆŠ 88 ii! B -c i GI ~
;:~ " 0 0 GlGI .- 0 -E CD mGl
ce ceÆ ()() cc cc cw ww wu. c:::¡ ::e z 0 11.11. 11.0: 0:0: ¡¡¡ ::> () 11.'
...I æ8 8 ~8 g:e ¡¡¡~ oo :e¡¡¡ ~~ 00 8 ¡! §~ ~ ~ 8 8:;: ~~ ~§ 00 :e8 ~ ~~
~* 0'" """
C) 1õ ~N "IN f;I ì1iì1i """" :8 co .... "'.., "IN "I'"
~co co '" '" '" coco ........ .... .... .... ........ ........ ......, ..,.., ..,.., .., .., '"
00 0 0 00 00 0 0 000 0 00 0 0 0 0 0 0 0 000 g: g
00 0 0 00 OO , .C! ,C! , 000 . 0 OO .C! , 0 0 0 0 . 0 . 0 000
00 0 0 0'0 00 0 0 000 0 00 0 0" 0 0 0 0 0 000' 0 0
-' 00 0 0 00 00 0 0 000 0 00 0 0 0 0 0 0 0 000 <0 <0
~ <00 0 <0 I() 0 I() 0 I() <0 00<0 (') I() 0 0 0 0 0, 0 0 0 01()0 (') It>
ÒI()' Ò ri ...rN "I ":Ñ N ...r~ IÒ <0 .,; ~ ri IÒ <0 cD": 0 ri. cD
0 ~ (') I'- ~ ~ ~ ~ "I
I- ~ (')
~~ ~ $ ~~$ $$ $ ~$ $~ $ $~~ $ $ $~ ~$ $ $~$$ $ $ $ $ $ $ $$~$ $. $
0 0 0 0 -
8 0 0 0 0 ,
C 0 0 0 0 "-
t1I ..q- 0 0 0 0 "-
0 0 0 0 "'-
C (') Ñ <0' cD Ò
Q .
ë 0 (')
ïü
::E
$ $ $ ~ .' $
C
0 00 0 00 0 0 000 0 00 0 0 0 0 0 0'" -
+=- 00 , 0 0 0 0 0 000 0 00 0 0 0 0 0 0'" -
CtI ãi 00 g 0 0 0 0 000 0 00 0 0 0 0 0 0 '-
c 00 00 0 0 000 0 00 0 g 0 0 0 <0 .
'(3 .Q..q- <00 <0 I() 0 It> <0 0010 0 I() 0 0 0 0 0 1'-. .
0 - (') ÒIÒ ri ...r ":Ñ Ñ ...r": ri ~ ri <0 cD ~ .
f! . ~ ~ ~ ~ . ..
f/) ~ 0 ~
f/)
« 0
f/)- $$ ~ '" '" $ $ $ "'$$ '" "'$ $ $ ~ $ ~ $ ," $
f/) Q) t1I 0'" -
Q)C'> c C ) 0 ... -
c"'C 0 C ) 0 '-
'-::J ~~(') 0 -
~CXJ NEI'- N..
'c Eo ~
CXJe t1I 0
2'u
C- 0 '" '" '"
~CXJ 0 0 0 0 ... -
OQ. Q) , 0 0 0 0 -
--.;t §,~~ 0 0 0 0 ... . -
Co 0 0 0 0 -
13 ê d I() M I(). "I
~o Ñ ~
ON c 0
e u
~ $ $ '" ~ ,- '"
CtI T ' :
- :c 0 0 0 0
f/) , 0 ,C! 0 0
5- := 0 0 0 0
'Ë "I 0 0 0 0 I:
0 0 0 0
CtI E ~ Ò Ò I() I()
0 0 M ..q- .. ..
::J u
..c: a::
() w ~ '" $ '" $ ~ - $
~ :c 0 .. -
, , 0'" -
.Q~o 0'" ' -
õE~ 0 -
EEO "I
00
Itu $ $ ~ $-
:c
:=
'Ë
E
0 '"
u C ) ! '"
c g '" ! ë
0 t1I 'Ë
:;::0 "" C "ê C )
a. C :J E rJ -- E
'C :c- 0 ~ "' :J 5i E ~
0 '" 11 ¡¡: Q. 0 ãi C )
rJ 8 ~~ rJ u E !5 ë 0 E
~ '" Ig C ) ,~ ~ E
I! '2: E C 1ií c- .I ãi Q) c..>C ) Ii:¡ 2 §
C ).- C E ~ C ) Ææ ~ ì5 ãi.~ § j~
2 2 E 2 "'~ 0 .c a:: ~: 8 -= èi'.-
t t1I t1I ~õ :¡:o 8~ :J 0 C I.~ Æ g~ 9 c.- oð !!! æ i'
~ "¡ij Æ .<:eö:: t1I cCIJ 'Ë :J t1I rJ 0 ,R ¡§ ;g '" t1I C
N .5~:gw S Dre",
'" C :e ~~"E .Ši~ '&¡ C O ,goð CIJ f! ~ :¡:OC ) 'c e as Q) ! 11.
...
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION
2004 BOARD OF DIRECTORS
CONTACT LIST
NAME PHONE FAX EMAIL
David McClurg, President 498-1660 498-1175 MclnsSvc@pacbell.net
McClurg Insurance (Principal)
355 Third Avenue
Chula Vista, CA 91910
Lisa Moctezuma, Secretary 426-1283 426-0212 lisamoctezuma@hotmail.com
Moctezuma Books & Gallery
289 Third Avenue
Chula Vista, CA 91910
Clarke Dennison, Secretary
Dennison Realty 426-2800 426-7584 clarkeod200 1 @vahoo.com
256 Third Avenue
Chula Vista, CA 91910
Carl Harry, Board Member, Treasurer (858) 694-2317 (858) 694-2369 charrvQs@co.san-dieQo.ca.us
County of San Diego
5555 Overland Ave #2900
San Diego, CA 92123
Stella Sutton, Board Member 427-647ô 427-6476' mail: 365 Third Ave
Stella's Third Avenue Deli Chula Vista, CA 91910
365 Third Avenue
Chula Vista, CA 91910
I
,
Donna Vignapiano, Board Member 426-0964 dviQnaDiano@cox.net
---
597 Parkside Drive !
i
Chula Vista, CA 91910 I
¡
--
;
- --- I
¡
Dr. Richard Freeman, Board Member 422-9263 422-0952 rdfreeman5@cox.net
Community Congregational Church
Senior Pastor
276 F Street
Chula Vista, CA 91910
Tony Janus, Board Member 421-1185 421-1188 ianusrealtor@hotmail.com
National Real Estate Service
680 Old Telegraph Canyon Road #101
Chula Vista, CA 91910
Byron Estes, Board Member 691-5047 476-5310 bestes@ci.chula-vista.ca.us
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dr. Steven Wachs, Board Member 427-4747 427-4752 mail: 359 Third Ave
Wachs Chiropractic Health Center Chula Vista, CA 91910
/ô-
359 Third Avenue
Chula Vista, CA 91910
David Hoffman, Board Member
Hoffman/Hanono Insurance 420-1861
222 Third Avenue
Chula Vista, CA 91910
Greg Mattson, Board Member
McGill, Martin, Self 425-1343
344 Third Avenue
Chula Vista, CA 91910
Linda Townson, Past President 427-3000 426-6346 IindarosasæÐ.aol.com
The Star News
321 E Street
Chura Vista, CA 91910
I
I
1
I
]
¡
¡
,
!
I tJ# tI
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING THE 2004 BUDGET OF THE DOWNTOWN
BUSINESS IMPROVEMENT DISTRICT, ACCEPTING THE REPORT
ON THE 2004 BUDGET OF THE DOWNTOWN PROPERTY-
BASED BUSINESS IMPROVEMENT DISTRICT, AND RATIFYING
THE ElECTION OF THE 2004 DOWNT0WN BUSINESS
ASSOÇIATION BOARD OF DIRECTORS AND OFFICERS
WHEREAS, the City Council of the City of Chula Vista established a Business Improvement
District (BID) on November 16, 1971, which created the Downtown Business Association; and
WHEREAS, the City Council of the City of Chula Vista established the Downtown Property
Based Business Improvement District (PBID) on July 24, 2001 after a successful election by
property owners in the District; and
WHEREAS, the Downtown Business Association is required by the Chula Vista Municipal
Code to report on its annual BID and PBID budget, as well as election of Directors and Officers to
the City Council of the City of Chula Vista each year in March;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby ratify the 2004 budget of the Downtown Business Improvement District; and
BE IT FURTHER RESOLVED the City Council of the Çity of Chula Vista does hereby accept
the report on the 2004 budget of the Downtown Property Based Business Improvement District; and
BE IT FURTHER RESOLVED the City Council of the City of Chura Vista does hereby ratify
the 2004 election of the Downtown Business Association Boar~ pf Dirëctors and Officers.
Presented by Approved as to form by
.
Laurie Madigan
Director of Community Development
J:\COMMDEV\Estes\TCI\PBID Contract\pbid 2004\CC - 04 PBID Reso.doc
/Cìø
Council Item ...10
CCBG Public Hearing
ORDER OF PRESENTATION
04-06-04
Order NON-PROFIT CDBG REQUESTS CDBG Notebook
TAB NUMBER
Administration & Planning Requests
1st South Bay Family YMCA - Human Services Council 1
2nd Regional Task Force on the Homeless 2
3'" Coordinating Council - Child & Youth Policy Advocate 3
4th Fair Housing Council of San Diego 4
Non-Profit CIP Requests
5th Boys & Girls Club of Chula Vista (both requests) 6&7
6th Chula Vista American Little League 8
7th Chula Vista National Little League 9
Community Project Requests
8m Lutheran Social Services - Caring Neighbor Program 12
9th South Bay Community Services - Community Development 14
ProQram
Economic Development Requests
10th South County EDC 15
11th Southwestern College - Contracting Opportunities Center 17
1ih South Bay Community Services - Teen Center 18
13th Southwestern College - Small Business Development 19
Public Services Requests
14th Chula Vista Youth Services Network 20
15th Sharp HealthCare Foundation 21
16th YMCA - Kinship Program /. ÆI ~ð ,/')/) ! 22
17th South Bay Senior Collaborative ( .../( '-6 /1 v 23
18th George G. Glenner Alzheimer's FarTHly C"enter 24
19th Lutheran Social Services - Emergency Assistance of CV 25
20th Chula Vista Family Violence Collaborative 26
21st Thursdays Meal 27
22nd Therapeutic Services Collaborative 28
23'" Dress for Success - Professional Women's Group 30
24th MAAC Project 32
25th Chula Vista Veterans Home Support Foundation 33
NOTE:
City staff will not be presenting this evening, however, staff is available to
answer any questions on the following applications:
City Capital Projects..........................................................
Planning & Building Department.........................................
Community Development Department.................................
Chula Vista Literacy Team..................................................
Recreation Department......................................................
TAB 10 and 11
TAB 13
TAB 16
TAB 29
TAB 31
COUNCIL AGENDA STATEMENT
Item II
Meeting Date 03/16/2004
ITEM TITLE: Public Hearing Considering amendment to the master fee
schedule to establish a new fee for microchip service for adopted and
claimed animals at the Animal Care Facility.
Resolution Amending the Master Fee Schedule to establish a
new fee for microchip service for adopted and claimed animals at the
Chula Vista Animal Care Facility and appropriate funds therefore.
SUBMITTED BY: Chief of POIiCV
REVIEWED BY: City Manage,£~( (4/5th Vote: Yes.lL No_)
Amending the Master Fee schedule to implement a new fee for animal control services at
the Chula Vista Animal Care Facility, (CVACF). The fee will be for the establishment of a
microchip service. The new fee will be effective immediately upon approval by the Council.
RECOMMENDATION: That Council adopt the resolution amending the Master Fee
Schedule to establish a new fee for microchip service for adopted and claimed animals at
the Chula Vista Animal Care Facility.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City of Chula Vista has been providing animal control services since 1923. During that
time, the department has been able to provided quality animal control services with a
minimal fee impact on the customers who adopt animals from the shelter. The latest
adjustment to the master fee schedule for animal control services was made in 1999
(Council Agenda Meeting date 05/18/99). Since that date, a new Animal Care Facility has
been constructed located at 130 Beyer Way, Chula Vista. The move to the new facility was
completed on October 23, 2002. The new facility houses between 300-500 animals, and a
total of 7,675 animals were processed into the facility during calender year 2003. On an
average, 61 % of incoming dogs, and 14% of incoming cats were either reclaimed by their
owners or adopted from our facility. The total euthanasia rate has dropped 24% at the new
facility. However, the goal of the CVACF is to continue to improve the adoption/redemption
rates and to continue to lower the euthanasia rate.
One tool that the department would like to utilize in an effort to reduce the euthanasia rate
is "microchipping". Microchipping of pets allows any strays that are picked up that have the
microchip device to be identified and reunited with their owners. All animals processed into
the Chula Vista Animal Care Facility are scanned with microchip readers to identify animals
with microchips. This service is done as part of shelter services and is done at virtually all
//-/
Page 2, Item -
Meeting Date 03/16/2004
progressive animal control centers in the United States. The microchip holds a one-of-a-
kind identification number that is registered through the microchip provider with the name
and address of the pet owner. A 24-hour phone number allows immediate access to owner
information by animal control services, and thereby enhance greatly the possibility of
rapidly reuniting lost pets with their owners. In addition to scanning for microchips, most
animal control services also provide microchip service for adopted and redeemed animals.
Currently, the CV ACF is one of the only animal care facilities in the County to not offer this
service. The City of National City, one of the contracted cities for animal care services with
the CVACF expressed concern in their 2003 annual report that microchip service is not
provided by this facility and they would like to see a program implemented soon.
This proposal includes the provision of microchip service as an optional service for animals
being adopted from the Chula Vista Animal Care Facility. The proposal would also include
the provision of microchip service as an optional service for animals redeemed by owners,
and for animals participating in rabies/licensing clinics sponsored by the Chula Vista Animal
Care Facility. The fee charged will offset the cost of microchip service. The proposed fee to
be charged to the public for the microchip service will be $15.00. The fee will cover the
cost of the microchip and administration of the program such as the staff time to implant the
chip and complete the required paperwork.
A survey of local private veterinarians indicated that an average of $30 is charged for this
service. San Diego County Animal Control services include microchip service in the
adoption fee for dogs and cats. San Diego County currently charges $58.00 adoption fee
for cat adoptions and $69.00 for dog adoptions (includes rabies vaccine, microchip, and
spay/neuter surgery). Chula Vista Animal Care Facility charges $40.00 adoption fee for cat
adoptions (includes spay/neuter surgery), and $50.00 for dog adoptions (includes
spay/neuter surgery). Rabies vaccine is mandatory for dogs over 4 months of age and is
charged a fee of $5.00. The additional $15.00 charge for microchip service will place
CV ACF total adoption charges comparable to that of San Diego County Animal Control.
The department requests that the $15 Microchip fee be added to the Master Fee Schedule
and that the following language be added to Chapter III of the Master Fee Schedule:
"A. DOG LICENSES
5. Microchip Service
a.
FISCAL IMPACT:
There is no net cost to the General Fund. This program will be cost neutral. This will amend
the fiscal year 2004 Services and Supplies Budget of the Police Department by $4,000 and
the fiscal year 2005 Services and Supplies Spending Plan by $9,000.
II
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH
A NEW FEE FOR MICROCHIP SERVICE FOR ADOPTED AND
CLAIMED ANIMALS AT THE CHULA VISTA ANIMAL CARE
FACILITY.
WHEREAS, the Chula Vista Animal Care Facility has been providing quality
animal control services since 1923; and
WHEREAS, Microchip implants will allow the Chula Vista Animal Care Facility
to quickly identify lost and stray animals; and
WHEREAS, this microchip service will help reduce the number of cats and dogs
that are euthanized;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby amending the Master Fee Schedule to establish a new $15.00 fee for microchip
service for adopted and claimed animals at the Chula Vista Animal Care Facility.
Presented by 6. Approved as to form by
JI\
~~ ~ þ."
Chief of Police
..,-
COUNCIL AGENDA STATEMENT
Item l~)
.
Meeting Date March 16, 2004
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste Service Charges as Liens Upon the
Respective Parcels of land and Placement of Delinquent Charges
on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Solid Waste
Service Charges as Liens Upon the Respective Parcels of land and
Approving Placement of Delinquent Charges on the Next Regular
Tax Bill
SUBMITTED BY: Director of FinancefTreasurer}~
REVIEWED BY: City Manage1; Dr-' (4I5ths Vote: Yes _NoJL)
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a regular basis since mid- 2001.
RECOMMENDATION: That Council open the public hearing to consider assessing
delinquent solid waste service charges as liens on the
affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these charges
as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair share of the costs of this program, the ordinance allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. The ordinance states that upon notification of the property
owners, a public hearing is set for solid waste service accounts that are over ninety days
delinquent. At the hearing the City Council considers the delinquent accounts together
with any objections or protests by interested parties. At the conclusion of the hearing, the
/;}-
Page 2, Item-
Meeting Date March 16, 2004
City Council, may either approve the delinquency and amount owed on the accounts as
submitted or as modified or corrected by the City Council. Lastly, the City Council adopts
a resolution assessing such amounts as liens upon the respective parcels of land, and
the amounts are charged to the property owners on the next regular property tax bill. As
these amounts are collected, the monies are remitted to Pacific Waste Services less the
City's Franchise Fees, AB939 fees and late charges.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where properties are sold or transferred, assessing liens midyear holds the correct
parties responsible for the delinquent charges. In cases where property owners choose
to refinance their mortgages, the midyear liens will ensure the City receiving payment in a
more timely manner as the delinquent charges would be paid through escrow during the
refinancing process.
In November 2003, City Council approved 159 midyear liens valued at $19,600. Since
then, Pacific Waste Services has identified and submitted an additional 458 delinquent
accounts valued at over $74,400 to the city for collection. Through the City's preliminary
collection efforts, 210 accounts have been resolved, and the remaining 248 accounts
valued at $31,000 are now being submitted (listing available at the City Clerk's office).
The account status and property ownership on these accounts have been verified by both
Pacific Waste and City staff. Many of these delinquent accounts have gone through the
lien process before as they continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past due
notices sent by Pacific Waste until they were ultimately submitted to the City for
collection. City staff also sent out a past due letter, and last month, these property owners
were notified of the public hearing and were asked to pay their delinquent solid waste
service charges prior to transmittal of the delinquent account list to the County to avoid a
lien being placed on their property. City staff has been working with Pacific Waste to
resolve any customer disputes as they arise and payment arrangements have been set
up as needed. Staff will continue to update this list as payments are received and
accounts are cleared. A final list will be submitted to the City Council for consideration as
soon as all payments are recorded.
Staff is recommending that the City Council approve the final list of delinquent solid waste
accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective parcels of land and ultimately placed on the next regular tax bill
for collection.
/e9
Page 3, Item-
Meeting Date March 16, 2004
FISCAL IMPACT:
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, an estimated $225,000 should be collected in FY 03-04. These funds
would then be forwarded to Pacific Waste Services less the city's Franchise Fees,
AB939 fees and late charges. The city should realize an estimated $18,000 in Franchise
Fees, $4,500 in AB939 fees, and $13,000 in late charges for FY03-04.
/? /3
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIS T A REGARDING THE ASSESSMENT OF
DELINQUENT SOLID WASTE SERVICE CHARGES AS
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL FOR COLLECTION
WHEREAS, in November 1998, the City Council amended the Municipal Code to
eliminate suspension of solid waste service as a remedy for failure to pay mandatory solid waste
service charges; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
Chapter 8.24 of the Chula Vista Municipal Code allows for delinquent solid waste service
accounts to become a continuing lien upon the property served and also charged to the property
owner on the next regular tax bill as a special assessment; and
WHEREAS, after assignment of the delinquent account to the City for collection by the
franchisee, and if the property owner has not paid the full amount of the delinquent solid waste
service charge within fifteen days after the mailing of a "Final Notice of Delinquency," a public
hearing is set to review and confirm the delinquent account before placing a lien and special
assessment on the property; and
WHEREAS, at the hearing, the City Council is to consider the delinquent accounts
together with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Pacific Waste and staff; and
WHEREAS, property owners were notified of their delinquencies through a series of past
due notices sent by Pacific Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified property owners of the public hearing and has requested
that they pay delinquent solid waste service charges before said hearing to avoid property liens;
and
WHEREAS, the City Council held the required public hearing and considered any and all
protests and objections presented; and
/(}-¿'!
-...
,
WHEREAS, staff is recommending that the City Council approve the final listing of
delinquent sewer service accounts as submitted at the hearing and that these charges be
forwarded to the County for placement on the next regular tax bill for collection; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby (1) overrule any and all protests or objections presented at the public hearing; and
(2) approve, with respect to the delinquent account list presented by staff and on file in the office
of the City Clerk, assessing delinquent solid waste service charges as liens upon the respective
parcels of land and the placement of such delinquent charges as a special assessment on the next
corresponding regular tax bill, unless cleared prior to transmittal of the delinquent account list to
the County.
Presented by Approved as to form by
.l) 0---- L, ~~
Maria Kachadoorian Ann Moore
Director of Finance City Attorney
J :\attomey\reso\ finance\solid waste delinquency 03 16 04
~"
/:J ..::;7
COUNCIL AGENDA STATEMENT
Item J:3
Meeting Date 3/16/04
ITEM TITLE: Public Hearing to consider amending Ordinance 2579, relating to
Interim Pre-SR 125 Development Impact Fee
Ordinance Amending Ordinance 2579, relating to Interim Pre-
SR 125 Development Impact Fee
SUBMITTED BY: Director of General Services/City Engineer ~.
REVIEWED BY: City Manager Glr'Qv'" (4/Sths Vote: Yes ~ No ~
l~
It is recommended that this public hearing be opened and continued to March 23, 2004.
J:\Engineer\AGENDA\SR125 Toning Fee-cont'd.doc
13
COUNCIL AGENDA STATEMENT
Item 1J/
Meeting Date 03/16/2004
ITEM TITLE: Resolution Approving the joint powers agreement that
consolidates the Automated Regional Justice Information Systems (ARJIS)
into SANDAG.
SUBMITTED BY: Chief of POlic~
REVIEWED BY: City Manager k.J V tV (4/5th Vote: Yes - No..xJ
Approving the consolidation of ARJIS into SANDAG
RECOMMENDATION: Council adopt the resolution approving the joint powers agreement
which consolidates the Automated Regional Justice Information Systems (ARJIS) into SANDAG.
BOARD/COMMISSION RECOMMENDATION: N/ A
DISCUSSION: Over the past several years, the Automated Regional Justice Information
Systems (ARJIS) has grown from 10 member agencies to 50 justice agencies representing local,
state and federal government within San Diego and Imperial Counties. ARJIS is a complex
criminal justice enterprise network utilized by these participating agencies. ARJIS is chartered
with supporting a regional web based enterprise network that utilizes technical and operational
standards to build interfaces to all criminal justice systems in the region. The ARJISNet secure
intranet contains data on the regions crime cases, arrests, citations, field interviews, traffic
accidents, fraudulent documents, photographs, gang information and stolen property.
ARJISNet integrates over 2,500 workstations and printers throughout the 4,265 square miles of
San Diego County. There are over 10,000 registered and authorized users generating over 35,000
transactions daily.
ARJIS is also utilized for tactical analysis, investigations, statistical information and crime
analysis. Officers and investigators can additionally request electronic notification when
information is obtained by another agency or officer concerning an individual, location or
vehicle. The critical success factor for ARJIS is the "single point of entry" to query all regional
justice data.
In order to expand to meet the needs of the region, a committee of individuals composed of the
ARJIS Board and the Chiefs' /Sheriffs Management Committee have been studying the
feasibility of merging ARJIS with SANDAG. On November 21st, 2003 the ARJIS Board
approved a plan to consolidate into SANDAG. On December 19th, 2003, SANDAG also
approved the consolidation agreement. This agreement will form a new SANDAG policy
committee named the Public Safety Policy Advisory Committee (PSP AC) and the administrative
and financial functions of ARJIS will be transferred to SANDAG.
¡t/.rf
Page 2, Item -
Meeting Date 03/1612004
The PSP AC will provide a uniform, seamless, and broadened regional approach to public safety
functions and operate like the four other SANDAG policy committees. Membership ofthe
PSP AC will include six voting SANDAG Board members, five voting public safety members,
and four advisory (non-voting) public safety members.
The main benefits of the ARJIS/SANDAG consolidation include:
. Enhanced legislative outreach and funding opportunities;
. Enhanced role for ARJIS as the convening agency for information technology that will
ensure delivery of state-of-the-art information systems;
. Increased opportunities for collaboration synergies with other SANDAG divisions;
. Retained ARJIS identity because the ARJIS name is not being changed;
. Separated and protected existing and future ARJIS revenues; and
. Enhanced administrative benefits and shared access to resources.
The police department fully supports the consolidation of these two agencies.
FISCAL IMPACT: There are no increases to the current ARJIS contracts as a result of this
agreement.
/L/ør ~
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE JOINT POWERS AGREEMENT THAT
CONSOLIDATES THE AUTOMATED REGIONAL JUSTICE
INFORMATION SYSTEMS (ARJIS) INTO SANDAG.
WHEREAS, the Automated Regional Justice Information Systems (ARJIS) has
grown from 10 member agencies to 50 justice agencies representing local, state and federal
government within San Diego and Imperial Counties; and
WHEREAS, in order to expand to meet the needs of the region, a committee of
individuals composed of the ARJIS Board and the Chiefs'/Sheriffs Management Committee
have been studying the feasibility of merging ARJIS with SANDAG; and
WHEREAS, on November 21st, 2003 the ARJIS Board approved a plan to
consolidate into SANDAG and on December 19th, 2003, SANDAG also approved the
consolidation agreement; and
WHEREAS, this agreement will form a new SANDAG policy committee named
the Public Safety Policy Advisory Committee (PSP AC) and the administrative and financial
functions of ARJIS will be transferred to SANDAG,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the joint powers agreement that consolidates the Automated Regional
Justice Information Systems (ARJIS) into SANDAG.
¡g
Richard P. Emerson
Chief of Police
Approved as to form by
~
.Ø'}'
¡t/'J
"
Ifem $/1
JOINT POWERS AGREEMENT - AS AMENDED JANUARY 2004
AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY
THIS AGREEMENT is made among those Public Agencies named below that execute this
Agreement.
RECITALS
WHEREAS, Public Agencies realize that there is a need for continued operation,
maintenance, enhancement and implementation of the Automated Regional Justice Information
System (ARJIS) in order to provide improved public safety capabilities to the San Diego region by
an effective and efficient use of electronic data processing technology capabilities; and
WHEREAS, Public Agencies believe that the joint exercise of their powers as a Joint
Powers Agency (JPA) will provide a decision-making body capable of continuing the operation,
maintenance and implementation of the Automated Regional Justice Information System; and
WHEREAS, Public Agencies believe that the San Diego Association of Governments
(SANDAG) should serve as the administrator of the ARJIS JPA in order to efficiently incorporate
the work done by ARJIS with the work done by SANDAG in the San Diego region,
WHEREAS, this Joint Powers Agreement of December I, 1980, was amended on July I, 1990, and
January 23,1998, and the Public Agencies wish to amend it again to implement a consolidation of
effort with SANDAG.
NOW THEREFORE, in consideration of recitals and the mutual obligations of the parties as
herein expressed, Public Agencies agree as follows:
I. Definitions
The following terms shall have the meanings ascribed to them within this section unless the
content of their use dictates otherwise:
a) "Administrative Member" shall mean SANDAG. As the "Administrative Member"
SANDAG shall have the same rights as any of the Public Agencies, shall provide in-
kind contributions rather than membership financial support, and shall have the
additional responsibilities set forth in this Agreement. SANDAG shall not have a
separate vote, but shall be represented by all of the Public Agency representatives.
b) "Advisory Members" shall mean those members who serve on the ARJIS governing
board in an advisory capacity, without voting rights. Advisory Members may contract
with SANDAG for the services provided to the Public Agencies.
c) "Associate Members" shall mean those agencies other than Member Agencies who
conduct public safety activities or general purpose local governments outside San Diego
County, who are at any given time asked to serve on the ARJIS governing board as
Page 1 of 11
voting members. Associate Members may contract with SANDAG for the services
provided to the Public Agencies.
d) "Fiscal Year" shall mean that year beginning July I, and ending June 30.
e) "Member Agencies" shall collectively refer to all of the voting members on the ARJIS
governing board, whether they be the Administrative Member, Associate Members,
and/or Public Agencies.
f) "Public Agencies" shall mean those units of government who are at any time a party to
the Agreement, including, but not limited to, the Administrative Member, SANDAG.
2. Status
There is hereby created a JP A to be known and denominated as the ARJIS which shall be a
public entity separate and apart from any Member Agency or Associate Member with the exception
of the Administrative Member. ARJIS shall be governed by the terms of this Joint Powers
Agreement, by any policies passed and adopted by the ARJIS governing board, and by the statutes,
rules, regulations, policies or procedures that govern SANDAG. The ARJIS governing board shall
serve and be known as SANDAG's Public Safety Policy Advisory Committee ("PSPAC").
3. Puroose
The specific and primary purpose for which the ARJIS is created is to assist the Public
Agencies by providing the Public Agencies and those who contract with ARJIS, state-of-the-art
criminal justice information technology that enhances both officer and public safety. ARJIS is the
convening agency for regional justice technology, and provides its members with seamless, cross-
jurisdictional access to essential, accurate real-time data via a secure criminal justice enterprise
network.
4. Liabilities & Powers
a. The debts, liabilities and obligations of ARJIS shall not constitute any debt, liability
or obligation of any of the Public Agencies that are parties to this Agreement except SANDAG. All
ARJIS debts, liabilities, and obligations shall be paid from the separate assets and accounts of the
ARJIS, which shall be maintained by the Administrative Member.
b. The ARJIS shall not have power to contract or to sue or be sued in its own name. All
claims for money or damages against the ARJIS shall be made against SANDAG and shall be
governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code
except as provided therein, or by other statutes or regulations expressly applicable to SANDAG.
c. The ARJIS shall not hire a staff, but shall use the staff of SANDAG and shall
compensate SANDAG for the use of those staff services. The ARJIS may also utilize staff from
other public agencies under contractual agreements.
Page 2 of 11
d. As of the effective date of this Agreement, the ARJIS may not make new contracts
or enter into stipulations of any nature whatsoever, including, but not limited to, contracts and
stipulations to indenmifY and hold harmless, or to employ labor. All such powers shall be held by
SANDAG. SANDAG shall carry out these powers and do all other acts necessary and convenient
for the full exercise of the ARJIS powers. Effective July I, 2004, all contracts, stipulations, or
agreements previously entered into by the ARJIS shall be transferred to SANDAG.
5. Financial Matters
a. Auditor/Comptroller & Treasurer. SANDAG shall be the depository of funds of
ARJIS and the SANDAG Director of Finance shall be the ex-officio Treasurer of ARJIS. The
Treasurer of the ARJIS shall file an official bond in the amount of $100,000. The
Auditor/Comptroller of SANDAG shall be the ex-officio Auditor/Comptroller of ARJIS and shall
draw warrants or check-warrants against the funds of ARJIS in the Treasury when the demands are
approved by the PSP AC, or such other persons as may be specifically designated for that purpose in
ARJIS policies. Said Auditor/Comptroller and Treasurer shall comply with all duties imposed
under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing
with Section 6500. SANDAG shall determine reasonable charges to be made against ARJIS for the
services of the Treasurer and Auditor/Comptroller. At the end of each fiscal year there shall be an
audit conducted by an independent, accredited certified public account.
b. Accounts & Reports. The Auditor/Comptroller of ARJIS shall establish and maintain
such funds and accounts as may be required by good accounting practice or bylaws passed and
adopted by this Agency. The books and records of ARJIS in the hands of the Auditor/Comptroller
shall be open to inspection at all reasonable times by representatives of the Public Agencies. The
Auditor/Comptroller of ARJIS, within 120 days after the close of each fiscal year, shall give a
complete written report of all financial activities for such fiscal year to the Member Agencies and
Advisory Members. Said financial report shall be accompanied by a financial/compliance opinion
by an independent, accredited certified public accountant. The independent, accredited certified
public accountant shall be the accounting firm selected by SANDAG.
c. Funds. The Treasurer of ARJIS shall receive, have the custody of and disburse
ARJIS funds upon the warrant or check-warrant of the Auditor/Comptroller (i) pursuant to the
accounting procedures developed under this Agreement, and (ii) in accordance with normal
SANDAG procedures, shall make the disbursements required by this Agreement or to carry out any
of the provisions or purposes of this Agreement. ARJIS funds and accounts shall be segregated
from SANDAG's general funds and accounts. The Treasurer of ARJIS may invest ARJIS funds in
accordance with general law. All interest collected on ARJIS funds shall be accounted for and
posted to the account of such funds.
d. Budget. The PSPAC shall recommend approval of a preliminary budget to the
SANDAG Board no later than April I of each year. The PSPAC shall recommend approval of a
final budget no later than June 1 of each year and have it approved by the SANDAG Board of
Directors by July 1 of each year. After adoption by the SANDAG Board, a copy of the preliminary
budget shall be filed with each Public Agency.
Page 3 of 11
e. Public Agency Financial Support. With the exception of SANDAG, responsibility
for supplying funds for that portion of the budget for ARJIS which is to be supplied by the Member
Agencies for operation, maintenance, enhancement and implementation of the system as adopted by
the PSP AC and the SANDAG Board of Directors, shall be divided among the Public Agencies,
including within its budget as funds to be supplied to the ARJIS that sum of money determined by
taking the ratio its population bears to the total population of the region and multiplying it by that
portion of the approved budget to be supplied by the Public Agencies. SANDAG shall supply the
PSP AC with the official January 1 population figures from the California State Department of
Finance Population Research Unit on an annual basis for purposes of this calculation. Payment of
membership funds shall be made by each Public Agency by July 15 of each year. If payment by a
Public Agency has not been made by September 1 of each year, that Public Agency shall cease to
be a participating member of the ARJIS, and its representative shall no longer participate or vote as
a member of the PSPAC. A delinquent Public Agency will be reinstated to participating
membership and its representative allowed to participate on the PSPAC when full payment has
been made, including interest computed from July 15 at the average interest earning rate as
determined by the Treasurer.
f. Associate and Advisory Members Financial Support. All Associate and Advisory
Members who use the system shall be individually charged and pay to the ARJIS a reasonable share
of the total cost of operation, maintenance, enhancement and implementation of the system as
determined by the PSPAC. Associate and Advisory Members who access the computer shall be
charged for computer time, network time, and application development at a rate agreed to by the
Board of Directors. Associate and Advisory Members shall also make an annual payment of a
determined sum in accordance with the provisions of the contract between SANDAG and the
Associate or Advisory Member. If payment by an Associate or Advisory Member has not been
made by September I of each year, that member shall cease to be a participating member of the
ARJIS, and its representative shall no longer participate or vote as a member of the PSP AC. A
delinquent member will be reinstated to participating membership and its representative allowed to
participate on the PSPAC when full payment has been made, including interest computed from July
15 at the average interest earning rate as determined by the Treasurer.
g. Administrative Agency Financial Support. SANDAG shall determine charges to be
made against the ARJIS for the services provided by SANDAG, which SANDAG deems are
appropriate for reimbursement. Notwithstanding SANDAG's status as a Public Agency Member,
SANDAG shall not be required to contribute funds toward ARJIS under Section 5(e), but shall
instead provide in-kind contributions in an amount to be approved by the PCPAC and the
SANDAG Board.
6. Governance
a. All powers of the ARJIS shall be exercised by the SANDAG Board of Directors.
The SANDAG Board of Directors shall delegate responsibilities to the PSP AC consistent with its
purpose. The membership of the PSP AC shall be composed of one primary representative selected
by the governing body of each Member Agency and Advisory Member Agency to serve until
recalled by the governing body of said member. Each Member Agency representative must be a
mayor, council-person, or supervisor of the governing body which selected himlher, or other
appropriate official selected by the governing body. Each Advisory Member Agency representative
Page 4 of 11
must be selected by the governing body of that agency. Vacancies shall be filled in the same
manner as originally selected. Each Member Agency and Advisory Member Agency shall also
select, in the same manner as the primary representative, one alternate to serve on the PSP AC when
the primary representative is not available: Such alternate shall be subject to the same restrictions
and have the same powers, when serving on the PSP AC, as the primary representative.
b. At its discretion, each Member Agency and Advisory Member Agency may select a
second alternate, in the same manner as the primary representative, to serve on the PSP AC in the
event that neither the primary representative nor the regular alternate is able to attend a meeting of
the PSPAC. Such alternate shall be subject to the same restrictions and have the same powers,
when serving on the PSP AC, as the primary representative.
c. Upon recommendation of the PSPAC, SANDAG may at any time authorize other
agencies to join the ARJIS as Associate or Advisory Members. Each Associate Member shall be
allowed to vote in accordance with the provisions of this Agreement. SANDAG may allow for the
appointment of additional Advisory Members to sit with the PSPAC, but in no event shall said
representatives be allowed a vote. Each Associate and Advisory Member shall designate a primary
representative and, at its discretion, one or two alternates.
d. Each PSPAC representative, or designated alternate acting in a representative's
absence, may receive reimbursement from ARJIS for out-of-pocket and travel expenses incurred by
such representative or alternate on approved ARJIS business. Except where prohibited by the
charter, or any ordinance, rule, regulation, or policy of a Member Agency, each Member Agency
representative, or designated alternate acting in a Member Agency representative's absence, shall
receive $100.00 from ARJIS for each PSP AC meeting attended, as well as travel expenses incurred.
e. The Chair of the SANDAG Board of Directors shall appoint the Chair and Vice
Chair of the PSPAC in accordance with the policies and procedures that apply to all SANDAG
policy advisory committees.
7. Membership of the Public Safetv Policv Advisorv Committee
The members selecting the representatives to serve on the PSP AC as of the effective date of this
Agreement shall be:
a. Public Agencies: The Public Agencies shall be represented by four elected officials
selected from each of the four subregions defined in the SANDAG Bylaws, one elected official
selected by the City of San Diego, and one elected official selected from the County of San Diego.
All six of the Public Agency representatives must be SANDAG Board Members or alternates and
shall represent SANDAG. Each Public Agency that has selected a representative to serve on the
PSP AC must be a member in good standing with all dues fully paid to ARJIS in order to participate
on the PSPAC.
b. Associate Members: One person selected by the County Sheriff, one person selected
by the State public safety agencies, one person selected from the Regional Homeland Security
Committee, and 2 persons selected by the County Chiefs & Sheriffs Association. The number and
representation of Associate Members may be modified by a SANDAG Board action amending
SANDAG Board Policy.
Page 5 of 11
c. Advisory Members: Two persons selected by the Federal public safety agencies, one
person selected from tbe San Diego County District Attorney's or Probation Department Offices,
and one person selected by the courts. The number and representation of Advisory Members may
be modified by SANDAG Board action amending SANDAG Board Policy.
8. Voting
(a) The PSPAC shall vote on all items on the basis of one vote per Member Agency.
9. Meetings
The PSP AC shall conduct monthly meetings in conjunction with regularly scheduled
SANDAG meetings during the year and at such other times as the PSP AC or SANDAG Board shall
direct. Parliamentary procedure at all meetings shall be governed by Roberts Rules of Order, Newly
Revised, except as otherwise modified by this Agreement.
10. Ralph M. Brown Act
All meetings of the ARJIS, including without limitation regular, adjourned regular, and
special meetings of the PSP AC, and meetings of all standing committees, shall be called, noticed,
held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing
with Section 54950 of the Government Code).
I I. Ouorum
A majority of the voting members of the PSP AC shall constitute a quorum for the
transaction of business.
12. Procedures to be Followed
a. Pursuant to Government Code Section 6509, which requires that the powers of
ARJIS be limited by the legal restrictions placed upon a named Member Agency, the powers of
ARJIS shall be subject to those legal restrictions imposed upon SANDAG by the Constitution of
the State of California and the laws governing it.
b. The PSPAC shall adopt SANDAG's administrative regulations establishing the
procedures and policies for contracting and approving change orders.
13. Duration of Agreement
This Agreement shall continue in full force and effect until Public Agencies representing
more than 50% of the population of the San Diego region withdraw from this Agreement by
resolution.
Page 6 of 11
14. Disposition of Assets Upon Termination
Upon termination of this Agreement any money or assets in possession of SANDAG on
behalf of the ARJIS after the payment of all liabilities, costs, expenses and charges validly incurred
under this Agreement shall be returned to the Public Agencies in proportion to their contributions
determined as of the time of termination. In-kind contributions made by SANDAG shall be
included in this determination.
15. Effective Date of Agreement
This Agreement became effective for all purposes at 12:01 a.m. July I, 1990. The most
recent amended version of the Agreement shall become effective January 1,2004. Notwithstanding
the foregoing, the consolidation of ARJIS finances with SANDAG will not occur until July 1,2004.
Applicable portions of Section 5 of this Agreement will not go into effect until the consolidation of
finances occurs.
16. Later Participating Member Agencies
a. Any San Diego County incorporated city that incorporated after January I, 2004,
that may desire to participate in the activities of ARJIS may do so by executing this Agreement
without prior approval or ratification of the Public Agencies and shall be bound by the terms of this
Agreement as of the date of execution. The County of San Diego, and the cities in the County
which were incorporated on December I, 1980, who did not execute this Agreement by December
1, 1980 which desire to participate in the activities of ARJIS may do so by executing this agreement
without prior approval or ratification of the existing Public Agencies and paying an initial
membership charge which may be established and required by SANDAG to offset a portion of the
initial start-up costs paid by the Charter Public Agencies, and shall be bound by the terms of terms
of this Agreement as of the date of execution. Said membership charge shall not be required of
cities that as of December I, 1980, contracted with the County of San Diego for public safety
services, and become a Public Agency after December I, 1980. Any later participating Public
Agency shall receive one (1) vote under the single vote procedure.
b. Any entity that contracts for ARJIS services that wishes to become an Associate or
Advisory Member of the PSP AC may submit a written request to the PSP AC identifying how their
membership on the PSPAC will further the mission of the PSPAC and/or SANDAG, their history
and purpose, and at what level they would like to participate with regard to voting rights and
membership fees. If the PSP AC determines the addition of the potential member is advantageous, it
may make a recommendation to the SANDAG Board to add the potential member. The SANDAG
Board shall make the final determination regarding whether to supplement the PSP AC with
additional or different Affiliate or Advisory Members.
17. A~eement Reoositorv
A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be
filed with the aùthorized representative of each Public Agency.
Page 7 of 11
18. Information Privacv & Ownership of Data
a. In order to protect the privacy of individuals as set-forth in Section I of Article I of the
Constitution of California and in the United States Constitution, the maintenance and dissemination
of the information in the ARJIS system shall be undertaken in compliance with Federal and State
laws and regulations including the Infonnation Practices Act of 1977 (commencing with Section
1798 of the California Civil Code). An appropriate agency as determined by the PSPAC shall, at
the call of the PSP AC, conduct an annual certification of the information to assure compliance.
b. All intellectual property owned by the ARJIS as of the effective date of this
Agreement (pursuant to Section 15 herein) including, but not limited to, electronic data, shall
remain the property of the ARJIS. If pursuant to agreement, the ARJIS serves as a custodian of
data it does not own, that data shall presumptively remain the property of the contributing entity
and may not be treated as a public record. The ARJIS may not disclose electronic data or other
intellectual property for which it is a custodian to third parties without the approval of the entity
that owns the property.
19. Amendments
Proposed amendments may be originated by any member of the PSP AC or by the SANDAG
Board of Directors. Amendments to this Agreement shall require the vote of two thirds (2/3) of the
Member Agencies who are members of ARJIS at the time the amendment is proposed.
IN WITNESS WHEREOF, each of the following Public Agencies has caused this Joint
Powers Agreement to be executed by having affixed thereto the signatures of the agent of said
Agency authorized therefore by the legislative body of that Agency.
Page 8 of 11
Adopted 12/80
Amended 7/90
Amended 1/98
Amended 1/04
Page 9 of 11
CITY OF CARLS BAD
By
Mayor
Date
CITY OF CORONADO
By
Mayor
Date
CITY OF EL CAJON
By
Mayor
Date
CITY OF ESCONDIDO
By
Mayor
Date
CITY OF LA MESA
By
Mayor
Date
Page 10 of 11
CITY OF CHULA VISTA
By
Mayor
Date
CITY OF DEL MAR
By
Mayor
Date
CITY OF ENCINITAS
By
Mayor
Date
CITY OF IMPERIAL BEACH
By
Mayor
Date
CITY OF LEMON GROVE
By
Mayor
Date
CITY OF NATIONAL CITY
By
Mayor
Date
CITY OF POW A Y
By
Mayor
Date
CITY OF SAN MARCOS
By
Mayor
Date
CITY OF SOLANA BEACH
By
Mayor
Date
COUNTY OF SAN DIEGO
By
Chairman of the Board of Supervisors Date
Page 11 of 11
CITY OF OCEANSIDE
By
Mayor
Date
CITY OF SAN DIEGO
By
Mayor
Date
CITY OF SANTEE
By
Mayor
Date
CITY OF VISTA
By
Mayor
Date
COUNCIL AGENDA STATEMENT
Item: '5
l'
Meeting Date: 03/16/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AWARDING A PURCHASING
AGREEMENT TO PIERCE MANUFACTURING, INC. FOR
TWO TRIPLE COMBINATION PUMPERS, AND
AMENDING THE FISCAL YEAR 2004 BUDGET BY
APPROPRIA TI NG $740,195 FROM THE AVAILABLE
BALANCE OF THE EQUIPMENT REPLACEMENT FUND
FOR THE PURCHASE OF THE PUMPERS AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAID AGREEMENT AND AMENDING THE FISCAL YEAR
2004 BUDGET BY APPROPRIATING $250,000 FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND FOR
OUTFITTING COSTS TO CAPITAL IMPROVEMENT
PROJECT PS 158 TO OUTFIT THE PUMPERS
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FISCAL YEAR 2005
SPENDING PLAN TO ADD ONE FIRE APPARATUS
MECHANIC TO THE DEPARTMENT OF PUBLIC WORKS
OPERATIONS
SUBMITTED BY: Fire Chi~ ~
Director of Public Works Operation[X:6
REVIEWED BY: City Manager'J; ~.. (4/5ths Vote: YeslLNo -)
This agenda statement will award a purchasing ag reement to Pierce
Manufacturing, Inc. for two triple combination pumpers and appropriate funds
from the Equipment Replacement Fund, which will allow the Fire Department to
expand the City's fire engine reserve fleet and add an additional Fire Apparatus
Mechanic to maintain the Fire Apparatus fleet.
RECOMMENDATION: That Council:
. Adopt the resolution awarding a purchasing agreement to Pierce
Manufacturing, Inc. for two triple combination pumpers, and amend
the Fiscal Year 2004 budget by appropriating $740,195 from the
/1~/
available balance of the Equipment Replacement Fund and
authorizing the purchasing agent to execute said agreement and
appropriate $250,000 from the available balance of the General
Fund for outfitting costs to Capital Improvement Project PS158.
. Adopt the Resolution amending the Fiscal Year 2005 General Fund
spending plan to add one fire apparatus mechanic to the
Department of Public Works Operations.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
As the City's fire department continues to grow with the number of personnel, fire
stations and fire apparatus there is an increased need to add additional reserve
fire engines (pumpers) to the fleet. The fire department currently has 3 reserve
fire engines and 1 reserve aerial ladder truck (April 2004).
The Fire Department is recommending the replacement of two 1992 Seagraves
fire engines with two new Pierce fire engines. The new fire engines would be
purchased in conjunction with a third new fire engine that is needed for the
opening of the City's Fire Station #8 located in the Woods. The two 1992
Seagraves engines would be put into "reserve status" expanding the
department's current reserve apparatus fleet from three to five fire engines. This
will allow the department to:
. Better serve a growing community by expanding the fire equipment
resources needed to meet growth demands. Despite the City's rapid
growth the fire engine reserve fleet has remained the same. City staff is
currently conducting an analysis on the timing of the replacement cycles
for fire apparatus a report is forthcoming.
. Expand the reserve fire engine fleet from three to five fire engines thereby
reducing down time when any of the eight frontline fire engines are out of
service for mechanical repairs, annual NFPA service testing or aerial
testing.
. Enhance Department-wide Training - Address the continued demand on
the department to train new Probationary Firefighters as a result of the
department's significant growth and an increased demand for training
existing fire personnel. In addition, it would address the continued
demand for training and certifying Fire Engineers (Driver/Operators) on
fire apparatus, which requires a significant amount of driving hours and
manipulative evolutions with the fire apparatus. Expansion of the reserve
fire engine fleet would allow one fire engine (Reserve #5) to be
designated as the primary fire academy apparatus assigned to the
Training Division. Reserve #5 would be used on a daily basis during the
/6--:}'
training exercises of all future Probationary Fire Recruit academies. The
fire academy fire engine is needed so that we can leave the frontline fire
engines and their crews in. their respective response districts as opposed
to requesting their assistance at the training facility on a daily basis during
safer and quicker responses. The new fire engines are also more fuel-
efficient and emission friendly. Computer diagnostic systems throughout
the entire apparatus make repair and maintenance issues easier for the
Fire Apparatus Mechanic by reducing troubleshooting time.
enabled the section to keep abreast of the maintenance requirements of the fire
equipment. However, this adjustment in workload has left the maintenance staff
for the remainder of the City's fleet short handed. Because the size of the City's
vehicle fleet has also grown over the last few years, due to continued growth, it is
now necessary to hire outside contract staff to perform heavy vehicle preventive
maintenance service on a part-time basis, which is done during swing shift hours.
This work is normally performed by in-house mechanics.
The addition of one more Fire Apparatus Mechanic will allow the section to
dedicate two full-time mechanics to the emergency equipment needs of the Fire
Department, and will enable Fleet Maintenance to provide vehicle maintenance
and repair service for vehicles utilized by all City departments. This will also
enable the Fleet Maintenance section to rely less on using contract vendors to
perform routine maintenance and repair activities.
It is recommended that an additional Fire Apparatus Mechanic be hired to
address the increased workload created by the additional Fire Apparatus and
equipment added to the fleet, including other anticipated short-term fire
equipment increases.
FISCAL IMPACT:
A total of $740,195 will be appropriated from the Equipment Replacement Fund
for the purchase of the two new pumpers. The outfitting costs of $250,000 will be
paid for from General Fund reserves. It is anticipated that the fire engines will be
operational by January 2005. As a result the estimated FY05 costs are $9,746
for maintenance and fuel and $17,610 for replacement charges per fire engine.
Beginning in FY06 the net ongoing annual equipment maintenance and
replacement cost is $65,994 as summarized below:
Number of Pumpers Annual fuel & Annual Replacement Cost Total
Maintenance
Cost
2 New Enqines $19,492 each $35,219 each $109,422
Maintenance & Replacement ($ 6,000) each ($15,714) each ($ 43,428)
Savings from moving 1992
fire engines into reserve
Total FY06 $26,984 $39,010 $65,994
The FYO5 cost of a Fire Apparatus Mechanic is $64,828 annually, including
personnel costs ($64,229), and service and supply costs ($599). These costs
are fully offset by savings in fleet maintenance accounts used for contractual
vendors to perform routine maintenance and repair activities. There is no net
impact to the General Fund for the addition of this position.
/5-5
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASING AGREEMENT
TO PIERCE MANUF ACTURING, INe. FOR TWO TRIPLE
COMBINATION PUMPERS, AND AMENDING THE FISCAL
YEAR 2004 BUDGET BY APPROPRIATING $740,195 FROM
THE A V AILABLE BALANCE OF THE EQUIPMENT
REPLA CEMENT FUND FOR THE PURCHASE OF THE
PUMPERS AND AUTHORIZING THE PURCHASING AGENT
TO EXECUTE SAID AGREEMENT AND AMENDING THE
FISCAL YEAR 2004 BUDGET BY APPROPRIATING $250,000
FROM THE AVAILABLE BALANCE OF THE GENERAL FUND
FOR OUTFITTING COSTS TO CAPITAL IMPROVEMENT
PROJECT PS 158 TO OUTFIT THE PUMPERS
WHEREAS, the Fire Department continues to grow and there is a need to
add additional reserve fire engines (pumpers) to the fleet; and,
WHEREAS, the Fire Department is recommending the replacement of two
1992 Seagraves fire engines with two new Pierce fire engines; and,
WHEREAS, The two 1992 Seagraves engines would be put into "reserve
status" expanding the department's current reserve apparatus fleet from three to
five fire engines and the new apparatus would become frontline engine; and,
WHEREAS, Replacement of the two 1992 Seagraves engines will allow
the department to better serve a growing community by expanding the fire
equipment resources needed to meet growth demands; and,
WHEREAS, expanding the reserve fire engine fleet from three to five fire
engines will reduce down time when any of the eight frontline fire engines are out
of service for mechanical repairs, annual NFP A service testing or aerial testing;
and,
WHEREAS, expansion of the reserve fleet will help the Fire Department
meet the continued demand on the department to train new Firefighters on fire
engines; and,
WHEREAS, expansion of the reserve fleet will improve emergency
readiness and firefighter safety; and,
WHEREAS, the enclosed cab of new fire engines increases firefighter
safety in vehicle accidents, wild land fire burn-overs and everyday use; and,
WHEREAS, the Fire Department has successfully negotiated a favorable
price from Pierce Manufacturing Inc; and, /5-(0
WHEREAS, the total cost per fire engine is $370,098 requiring an
appropriation of$740,195 from the Equipment Replacement Fund; and,
WHEREAS, an additional, $125,000 per fire engine is needed for
equipment outfitting of each fire engine; and,
WHEREAS, outfitting costs include the cost for fire radios, mobile
computers, SCBA's, hose and related equipment; and,
WHEREAS, the City of Chula Vista Municipal Code Section 2.56.140
authorizes the Purchasing Agent to participate in cooperative arrangements with
other governmental agencies for the acquisition of equipment purchased through a
competitive process; and,
WHEREAS, this resolution awards a purchasing agreement to Pierce
Manufacturing, Inc. for two triple combination pumpers and authorizes the
purchasing agent to execute said agreement; and,
WHEREAS, this resolution amends the Fiscal Year 2004 budget by
appropriating $740,195 from the available balance of the Equipment Replacement
Fund; and,
WHEREAS, this resolution amends the Fiscal Year 2004 budget by
appropriating $250,000 from the available balance of the General Fund for
outfitting costs to Capital Improvement Project PS 158.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
DOES HEREBY ADOPT THE RESOLUTION A WARDING A PURCHASING
AGREEMENT TO PIERCE MANUFACTURING, INC. FOR TWO TRIPLE
COMBINATION PUMPERS, AND AMEND THE FISCAL YEAR 2004
BUDGET BY APPROPRIATING $740,195 FROM THE AVAILABLE
BALANCE OF THE EQUIPMENT REPLACEMENT FUND AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAID
AGREEMENT AND APPROPRIATE $250,000 FROM THE A V AILABLE
BALANCE OF THE GENERAL FUND FOR OUTFITTING COSTS TO
CAPITAL IMPROVEMENT PROJECT PS158
Presented by: Approved as to form by:
~jJ.~ 7L~~
Ann Moore
City Attorney
H:/shared/attorney/two pumpers reso #1 /5-1
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FISCAL YEAR 2005
SPENDING PLAN TO ADD ONE FIRE APP ARA TUS
MECHANIC TO THE DEPARTMENT OF PUBLIC WORKS
OPERA nONS
WHEREAS, the Fleet Maintenance Section of Public Works Operations
has been dedicating one Fire Apparatus Mechanic on a full-time basis for the
maintenance and repair of Fire Apparatus and other Fire Department emergency
equipment; and,
WHEREAS, the past three fiscal years, additional fire fighting equipment,
including two pumpers, an aerial truck, a brush rig, and a light & air rescue truck
has been added to the existing fleet; and,
WHEREAS, the size of the Fire Department's fleet has more than
doubled; and,
WHEREAS, due to the increase in the Fire Department's fleet, over the
last seven months, the Fleet Maintenance Section has devoted two mechanics on a
full-time basis for the maintenance and repair of fire fighting equipment and the
expense of meeting other City fleet; and,
WHEREAS, as a result of the increase in the City and Fire Department
fleets the Department of Public Works has hires outside contract staff to perform
heavy vehicle preventive maintenance (PM) service on a part-time basis, which is
done during swing shift hours; and,
WHEREAS, this work is normally performed by in-house mechanics; and,
WHEREAS, the addition of one more Fire Apparatus Mechanic will allow
the section to dedicate two full-time mechanics to the emergency equipment
needs of the Fire Department, and will enable Fleet Maintenance to provide
vehicle maintenance and repair service for vehicles utilized by all City
departments; and,
WHEREAS, the addition of one mechanic will be offset by savings from a
reduction in the use of contract vendors to perform routine maintenance and repair
activities; and,
WHEREAS, the FY 2005 budget will be amended to add a fire apparatus
mechanic position to the Department of Public Works; and,
/ 5-?5
WHEREAS, the cost of the position are fully offset by savings in fleet
maintenance accounts used for contractual vendors to perform routine
maintenance and repair activities.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
DOES HEREBY ADOPT THE RESOLUTION AMENDING THE FISCAL
YEAR 2005 GENERAL FUND SPENDING PLAN TO ADD ONE FIRE
APP ARA TUS MECHANIC TO THE DEPARTMENT OF PUBLIC WORKS
OPERA nONS.
Presented by: Approved as to form by:
~.{2 ~~
Do s. Pe ð Ann Moore
Fir Chief City Attorney
H:/attorney/two pumpers - Fire Mechanic Reso #2
/:;/1
COUNCIL AGENDA STATEMENT
Item: '(e,
¡
Meeting Date: 3/16/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS AND AWARDING
THE PURCHASING AGREEMENT TO WEIDNER
CONSULTING INC. FOR DEVELOPMENT OF A
STRATEGIC BUSINESS PLAN FOR THE FIRE
DEPARTMENT AND AMENDING THE FY 2004 FIRE
DEPARTMENT BUDGET BY APPROPRIATING $50,000
AND $18,000 FOR PRE-FACILITATION WORKSHOPS
FROM THE AVAILABLE BALANCE OF THE PUBLIC
FA C I L~LOPM ENT FU N 0
SUBMITTED BY: Fire C
REVIEWED BY: GJ'~
City Manager 1(19 (4/5ths Vote: YesLNo -)
Growth continues to have an impact on the services provided by the Fire
Department and it's resources. The pace of growth, and the resulting
transformation of the community, presents challenges that must be met with a
comprehensive management approach to ensure the optimal delivery of fire
services. In an effort to achieve this result, the Fire Chief is recommending the
Department develop a Strategic Business Plan using the Managing for Results
framework developed by the Weidner Consulting Group. This framework will
enable the department to develop and implement a performance based
management system. This management system focuses on aligning people and
resources for the purpose of achieving results for customers.
RECOMMENDATION:
That the City council approve the resolution waiving the formal consultant
selection process and awarding a purchasing agreement to Weidner Consulting
Inc. for development of a strategic business plan for the fire department and
amending the FY 2004 fire department budget by appropriating $50,000 and
$18,000 for pre-facilitation workshops from the available balance of the Public
Facilities Development Fund
BOARDS/COMMISSIONS RECOMMENDATION: N/A
/IR-/
DISCUSSION
Two years ago Council approved the reorganization of the Fire Department and
created a management structure to ensure the delivery of quality fire services
and future fire operations. Since then the Fire Department has made significant
strives in recruiting and hiring new fire personnel, opening new fire stations and
deploying its resources to meet the needs of a rapidly growing and changing
community. In order to effectively manage this transformation, the Fire Chief has
had to assume a different leadership role than that traditionally performed by Fire
Chiefs.
In addition, the way the Fire Department does business is changing due to:
. The expectation for high performance fueled by rapid growth in the city;
and,
. The critical Citizen safety issues routinely addressed by the Department;
and,
. Proposed land use changes being considered as part of the General Plan
update; and,
. The changing composition of the Department and the exceptional
leadership in the Department from both management and labor.
The Fire Department is recommending that a strategic business plan be
developed that is inclusive of department staff input. This strategic business plan
would serve as a forerunner and provide support to the update of the Fire Facility
Master Plan. Recognizing that the Fire Facility Master Plan is a road map
designed to place stations, it is critical to first develop an internal consensus on a
management system that encompasses a customer focus, and provides a
measurement framework to gauge the delivery of fire services. As Covey says,
we have to Begin with the End in Mind - but we still have to begin at the
beginning.
If Council approves the proposed process, pre-facilitations workshop will be held
the mid April followed by the development of the strategic business plan. This
will enable the Fire Department to begin the Fire Facility Master Plan update in
July concurrently with the adoption of the City General Plan update. The
estimated completion date for the Fire Facility Master Plan is October 1, 2004.
/¡;~()-
Selection of Process
Informal bids were requested for development of a strategic business plan for the
Fire Department. In addition, the department reviewed and contacted other
departments regarding a variety of strategic plans prepared by other consultant's
in the field. Most strategic plans were above $50,000 and did not provide a
proven methodology or framework that would result in an internal alignment of
resources to achieve results for the customers. Furthermore, the Fire
Department was interested in retaining a recognized consultant with fire
expertise and a methodology that would integrate with the Citywide Performance
Management Framework that was presented to Council during the Council
Budget Workshops by the Office of Budget and Analysis.
The Fire Department is recommending that the Council waive the competitive
selection process and award a purchasing agreement to Weidner Consulting Inc.
based on the following reasons:
. All Managing for Results materials and methodologies used in the
development of the proposed Strategic Business Plan are copyrighted
and are the property of Weidner Consulting, Inc.
. Weidner Consulting, Inc. is a nationally recognized leader in government
performance accountability consulting. The company was founded in
the late 1990's by Marv Weidner, and incorporated in June 2001. Since
its inception as a sole proprietorship, the firm has grown to an
organization that employs over 20 consultants with senior- level
government experience and serves government organizations across the
nation and the world.
. The Managing for Results methodology has been implemented in many
Cities including the City of Austin and Maricopa County who are the only
two agencies to receive Grade A in the "Managing for Results" portion of
Governing Magazine. Fire departments include the City of Austin,
Seattle, Olympia, Nashville, and most recently the US Forest service.
. Weidner Consulting is committed to providing maximum value for
customers, and is uniquely qualified and experienced to help customers
achieve a fully integrated management system that supports an
organizational culture focused on results for customers. Weidner
Consulting has worked with many public safety departments across the
country including Fire and Police Departments, EMS, Courts of all kinds,
Probation, OEM's, Sheriff's Offices, Corrections and Emergency
Communications. Over $27 billion dollars has been re-purposed in these
agencies as a result of the Managing for Results process.
. The Managing for Results methodology will enable the Fire Department
to develop a business strategic plan that will result in an internal
/iP3
alignment of staff resources positioned to achieve mission-oriented
results. This business plan will align our programs and budget to deliver
the services we provide to our customers.
. The pace of growth, and the resulting transformation of the community,
presents challenges that must be met with a comprehensive
management approach like the Managing for Results process to ensure
the optimal delivery of fire services.
. The Weidner Strategic Planning process goes beyond producing a
document that meets technical criteria for organizational planning. The
Weidner planning process fosters a fundamental change in
organizational culture by creating a performance accountability structure
that alters the language, beliefs, and practices of government to achieve
results for their customers. The implementation of this management
system will build the internal capacity by developing the necessary skills
of future Fire Department managers. This integrated management
system will improve decision-making and build the performance
measures to ask the right questions and tell the Fire Department's story.
. Weidner Consulting Inc. will provide the service at a discounted rate
estimated at $50,000. The favorable price was the result of the
consultant's genuine interest helping the Chula Vista Fire Department
transform to managing results for customers. The Chula Vista Fire
Department will be the first agency on the west coast to use their
methodology to develop a strategic business plan. In addition, the owner
Marv Weidner will personally facilitate the strategic business plan
process.
. The Weidner group was recently awarded a $1.9 million dollar Managing
for Results contract by the US Department of Forestry to implement this
program. A formal competitive request for proposal process was used to
award the contract. Weidner was selected based on the specific
methodology and expertise as well as excellent references.
. The Mission of Weidner Consulting Inc. is to provide Managing for
Results (MFR) design and implementation services to government
organizations and leaders so they can make improved business
decisions, link budgets to performance, produce and be accountable for
results, and tell their story of accomplishments and challenges to their
community and stakeholders.
In addition, in selecting a consultant the Fire Department looked for a consultant
that would teach a process that would help change the department's ability to
think strategically, how we are organized in terms of structure, how we think and
talk about the services we provide, and most importantly, how we measure our
services to determine if we are making a difference. Specifically, this process
/6- t/
provides the performance tools so that we can make informed decisions on
growth based on the city of Chula Vista's values, principles, and needs.
The Weidner Group will involve the entire organization in the process. What we
are talking about is a cultural change process - one that says 'It's no longer okay
to provide city services in the absence of data that tells us how we are doing in
providing those services. The only way to make a change in the way we think,
talk and act as an organization as well as the align fire personnel to a common
mission and purpose is to involve everybody in the design of the plan.
Overview of the Weidner Consultin~ Strate~ic Business Plannin~
Methodoloav and service deliverables
The purpose of the Strategic Business Plan is to do the following:
. Structure the organization around results and align programs and people
to achieve the critical few Strategic Goals.
. Organize in the best way possible to demonstrate the Departments
desired results and tell your story of challenges and accomplishments
(results) to the community, in other words demonstrate accountability.
. Create a Family of Measures for each program, which includes Results,
Outputs, Demand, and Efficiency measures.
. Create a performance-based organization which has the information
needed to make outstanding decisions in a high-growth, fast paced
community environment
. Create the foundation of performance and organization for performance-
based budgeting, performance-based contracting and employee
performance planning.
The Strategic Business Planning elements will include the following:
1. Assessment of the Future - an analysis of the internal and external
trends and issues that will have a major impact on the Department and
its Customers over the next 5 years.
2. Issue Statements - summarization the issues and trends that will have
a major impact on the Agency and its Customers over the next 5 years.
Issue statements are in two parts, first describing the issue or trend
and how it is increasing, decreasing, or continuing, and secondly
describing how that trend, if it continues, is projected to impact
Customers and the Agency over the next 5 years.
lIP -:5
3. Strategic Goals - a description in measurable terms of the significant,
must-do proactively respond to the critical trends, issues and
challenges on the horizon as articulated in the Issue Statements.
4. Mission Statements - a one-sentence statement of purpose for the
entire department or organization. The mission focuses on the broad,
yet distinct contribution the Department makes to the community.
5. Services or Products -the deliverables, tangible or intangible that the
Customer receives from the Department. Products are described as
nouns, not verbs, thus defining Products in terms of what the Customer
gets rather than in terms of what the Department does, also referred to
as Services.
6. Programs -a set of Services grouped together around a common
purpose or Result. Programs are at the level at which managers
manage and measure organizational performance. Programs also
become the "building blocks" for the organizational structure of a
Performance Budget.
7. Purpose Statements - a one sentence statement of purpose for
individual Programs that includes the name of the Program, a
summary of the services included, the customer group, and the
intended benefit or result for the customer. The thinking that goes into
the Purpose Statements makes it possible to measure operational
performance in terms of Results for Customers.
8. Family of Measures 1 @ - are a set of Performance Measures
developed for each Program, which describe the information managers
and other decision makers need in order to make good decisions. The
Family of Measures includes:
. Results - defined as the benefit the customer experiences as a
consequence of receiving the Services; expressed as percentages
or rates or ratios
. Outputs - defined as a count of the number of units of one of the
Services
. Demand - defined as the number of units of a Service expected to
be required or requested by customers
. Efficiency - defined as the cost or expenditure per unit of Service
(Output) or per unit of Result
1 All materials and methodologies used in the development of the Strategic Business Plan are
copyrighted and are the property of Weidner Consulting. The Strategic Business Plan developed
by the Fire Department will be the property of the City of Chula Vista.
/10 - (p
9. Lines of Business - a set of Programs organized around a common
purpose
10. Key Result Measures - a set of Results measures comprised of one
Result Measure from each of the Programs within that Line of
Business. These measures are selected and then repeated at the Line
of Business so that executives can track, analyze, respond to, and
report performance at the strategic and organizational level.
The City Manager will be briefed as the Fire Department moves through the
process to provide the Manager with the opportunity to see the process unfold
and to get a good sense of the quality of the planning products. In additional,
there will be opportunities for others outside of the Fire Department to observe
the process, but with all due caution exercised so that observers do not
inadvertently, simply because of their presence, restrict the conversation.
Staff Development and Pre-facilitation Process
Also of crucial importance to the Department is the need to train and develop fire
staff. Approximately two-thirds of our firefighters are new to the Department and
rapidly promoting due to the increase in personnel due to the opening of new Fire
Stations. The Fire Department is recommending the use of Kevin Baum with
Solutions in Centergy to conduct Management for Results pre-facilitation training.
The cost for pre-facilitation training is $18,000. Award of a purchasing
agreement in this amount does not require Council approval.
Mr. Baum is the Assistant Fire Chief and Fire Marshal for the City of Austin Fire
Department (AFD) and has his own company known as Solution in Centergy. He
is a 19-year veteran of the Fire Service and a senior executive with the AFD;
Chief Baum has extensive experience in Managing for Results, Performance-
based management and Total Quality concepts. Baum is a recognized leader in
the fire service for his efforts in pioneering the implementation of performance
measures into programs and services that are difficult to quantify and evaluate
statistically. Mr. Baum's efforts to implement performance measures in the fire
service has been recognized around the world as a best-practice model, and his
work has been published in journals in America, the United Kingdom and
Australia. Chief Baum's efforts in total quality played a key role in his department
winning the Highest Achievement Award for Total Quality in 2000. He is a very
popular lecturer and guest speaker and he presents widely at national
conventions on a wide range of topics, most notably performance-based
management and MFR.
The City of Austin began their Managing for Results effort using the Weidner
Consulting in the manner proposed by the Chula Vista Fire Department and the
following year the City earned one of only two A's from Governing Magazine's
Government Performance Project.
/~-1
The pre-facilitation workshops will be used to:
. Create a sense of urgency for organizational change;
. Demonstrate how a focus on Government Performance Accountability
can dramatically and fundamentally alter government's ability to
manage, produce and be accountable for results that matter to
employees, customers and stakeholders;
. Develop a deep understanding of the MFR Strategic Planning process
- how it works and what it looks like when it is implemented "on the
street;"
. Create a common corporate language and purpose - demonstrate how
government performance success is a product of how employees
think, speak and manage (for customers);
. Clarify employee roles and goals in an MFR initiative - how employees
at every level in the organization can make or break the effort;
. Demystify change and place Organizational FEAR into perspective;
. Involve the entire workforce in the development of Issues and Trends,
(which will be used in the Strategic Planning process);
. Motivate employees into purposeful action.
Service Deliverables/Results:
If approved by Council, over the span of 4 days beginning mid April, Solutions in
Centergy Performance Coaches will deliver three Workshops a day to Chula
Vista Fire Department employees. Workshop groups should be kept to a
maximum of 15 employees, and each daily series of workshops should be held at
the same location. Solutions in Centergy performance Coaches will facilitate
each group through the Strategic Planning Issues and Trends identification
process. For each group, Coaches will complete a Performance Report Card
(PRC) that identifies unique group dynamics, such as attitude, concerns,
skepticism, level of understanding, etc. Based on level of input, buy-in and
energy, Performance Coaches will identify potential Performance Champions; a
listing of these employees will be included in each PRC. Also, each group's
unique PRC will include Issues and Trend Statements for that group. A
comprehensive Workforce PRC including each group's activity and an
aggregation of the overall Issues and Trends facilitation will be delivered to the
Chief of the Chula Vista Fire Department no later than April 30th. The cost for the
pre-facilitation process is $18,000.
AliQnment with Citywide Process
The Fire Department has worked with the Office of Budget and Analysis to
ensure that Managing for Results effectively aligns with the Citywide
Performance Management System. The Office of Budget and Analysis is in the
process of implementing the Citywide Performance Management Framework that
was presented to Council during the Council Budget Workshops. The goal is to
/6-%
integrate strategic planning, performance measurement, and budgeting into a
cohesive system. The Performance Management Framework takes a simple
approach to performance measurement. Key objectives are developed based on
the department's mission and vision to identify what the organization needs to do
well to be successful. In order to keep focus on the things that matter,
performance measures are developed based on the key objectives.
FISCAL IMPACT
The cost for the strategic business plan is $50,000 and the cost for the pre-
facilitation process $18,000. The need to develop a strategic business plans for
the Fire department is a result of the rapid growth and service demands facing
the department. As a result both will be paid for from the Public Facilities
Development Impact Fund.
j(p/1
RESOLUTION NO. 2004
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS AND
AWARDING THE PURCHASING AGREEMENT TO
WEIDNER CONSULTING INe. FOR DEVELOPMENT
OF A STRATEGIC BUSINESS PLAN FOR THE FIRE
DEPARTMENT AND AMENDING THE FY 2004 FIRE
DEPARTMENT BUDGET BY APPROPRIATING $50,000
AND $18,000 FOR PRE-FACILITATION WORKSHOPS
FROM THE AVAILABLE BALANCE OF THE PUBLIC
FACILITIES DEVELOPMENT FUND
WHEREAS, The formal consultant selection process will be waived and a
purchasing agreement awarded to Weidner Consulting Inc., based on specialized
managing for results methodology, qualifications and recognized expertise in the
government performance accountability; and
WHEREAS, the consultant was selected based on an informal market search;
and,
WHEREAS, the proposed strategic business plan process and Managing for
Results materials and methodologies are copyrighted and the property of Weidner
Consulting, Inc.; and,
WHEREAS, the Managing for Results methodology has been implemented in
many Cities including the City of Austin and Maricopa County who are the only
two agencies to receive Grade A in the "Managing for Results" portion of
Governing Magazine.
WHEREAS, Weidner Consulting Inc. has successfully implemented the
Management for Results process in Fire departments which include the City of
Austin, Seattle, Olympia, Nashville, and most recently the US Forest service; and,
WHEREAS, Weidner Consulting Inc. is committed to providing maximum
value for customers, and is uniquely qualified and experienced to help customers
achieve a fully integrated management system that supports an organizational
culture focused on results for customers.
WHEREAS, Weidner Consulting Inc. has worked with many public safety
departments across the country including Fire and Police Departments, EMS,
Courts of all kinds, Probation, OEM's, Sheriffs Offices, Corrections and
Emergency Communications. Over $27 billion dollars has been re-purposed in
these agencies as a result of the Managing for Results process.
/10-/0
WHEREAS, growth continues to have an impact on the services provided
by the Fire Department and it's resources; and,
WHEREAS, the pace of growth, and the resulting transformation of the
community, presents challenges that must be met with a comprehensive
management approach to ensure the optimal delivery of fire services; and,
WHEREAS, in an effort to achieve this result, the Fire Chief is
recommending the Department develop a Strategic Business Plan using the
Managing for Results framework developed by the Weidner Consulting Group.
WHEREAS, the strategic business plan will enable the department to
develop and implement a performance based management system. This
management system focuses on aligning people, resources for the purpose of
achieving results for customers.
WHEREAS, the Fiscal Year 2004 Fire Department services and supplies
budget will be amended and $50,000 will be appropriated for development of a
strategic business plan; and,
WHEREAS, the Fiscal Year 2004 Fire Department will be amended and
$18,000 appropriated for strategic business plan pre-facilitation workshops; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA CITY
COUNCIL DOES HEREBY WAIVE THE FORMAL CONSULTANT
SELECTION PROCESS AND AWARD THE PURCHASING AGREEMENT
TO WEIDNER CONSULTING INC. FOR DEVELOPMENT OF A
STRATEGIC BUSINESS PLAN FOR THE FIRE DEPARTMENT AND
AMEND THE FY 2004 FIRE DEPARTMENT BUDGET BY
APPROPRIATING $50,000 AND $18,000 FOR PRE-F ACILIT A TION
WORKSHOPS FROM THE AVAILABLE BALANCE OF THE PUBLIC
FACILITIES DEVELOPMENT FUND
Presented by: Approved as to form by:
-~~
Ann Moore ~
City Attorney
H:/shared/attorney/strategic plan reso lle-//
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 03/16/04
ITEM TITLE: Resolution approving the amendment to the agreement with
Erickson-Hall Construction Co. to incorporate the Guaranteed Maximum
Price (GMP) of $2,375,000 for the services required to design and
construct Fire Station No.6 (CIP PS126) located at East H Street and Mt.
Miguel Road in the Rolling Hills Ranch community of Chula Vista,
amending the date of Substantial and Final Completion and appropriating
additional funds therefore.
Resolution approving a budget transfer ti-om Fire Station No.7
(Crp PS150) to Fire Station No.6 (CIP PS126) as necessary to complete
the project.
SUBMITTED BY: Director of General Services ~
REVIEWED BY: City Manage"~ .~ (4/Sths Vote: Yes...x.. No~
)" During the Fiscal Year 2002-2003 crp Budget process, staff infonned Council that it was
developing plans for the design and construction of Fire Station No.6 including the facilities and
site-work required to provide fire service to the eastern territories of the City. The project is
nearing the end of the design phase and ready to start the construction phase in March 2004.
This resolution will set the Guaranteed Maximum Price (GMP) per the Design Build Agreement
with Erickson-Hall Construction Co. for this project, appropriating additional funds therefore,
amending the Substantial and Final Completion dates and approving a budget transfer ti-om Fire
Station No.7 (Crp PS 150) portion of design and construction savings to Fire Station No.6 (Crp
PS 126) as necessary to complete the project.
RECOMMENDATION:
That the City Council approve the amendment of the Design Build Agreement incorporating the
GMP at $2,375,000 for design and construction of Fire Station No.6, amending the Substantial
and Final Completion dates and appropriate additional funds of $1,130,300 ti-om the available
balance of the Pub1ic Facilities Development hnpact Fee Fund (PFDrF).
That the City Council approve a budget transfer in the amount of$165,716 ti-om Fire Station No.
7 (CIP PS150) to Fire Station No.6 (CIP PS 126) as necessary to complete the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/'7"/
----.---------------.- -.--.-------
Page 2, Item: -
Meeting Date: 03/16/04
BACKGROUND:
On October 7, 2003, City Council approved an agreement with Erickson-Hall Construction Co.
for the services required to design and construct Fire Station No.6 including the facilities and
site-work required to provide fire service to the eastern territories of the City. As part of that
agreement, a Guaranteed Maximum Price (GMP) is to be established at 90% construction
documents, which would include, but not be limited to, the cost for all labor, equipment, and
material to design and build a fully functional Fire Station No.6 in accordance with all
applicable building codes. A not to exceed amount of $1,915,710 was established, based upon
rough schematic drawings, in the Design Build agreement. As the design progressed and some
of the complexities of this project became known, the actual GMP as detennined at the 90%
construction drawing stage exceeded the not to exceed amount in the original agreement.
Through Value Engineering it was detennined that accommodations for future Medical Alert
personnel and equipment were needed. As a result, the size of the apparatus bay was increased
from a 4,200 square foot 2-bay facility to 6,400 square foot 2-bay and two bunkrooms were
added.
PROJECT BUDGET TRANSFER
The City's budget transfer policy calls for City Council's approval for transfers more than
$15,000 between project budgets. Transfer offunds in the amount of$165,716 from Fire Station
No.7 (CIP PS 150) project available balance will provide sufficient funds necessary to complete
the construction of Fire Station No.6 (CIP PS126) which includes, but is not limited to Special
Inspection/Geotechnical Services, Staff Time, and FF&E (Furniture, Fixtures and Equipment).
The total estimated project cost is $2,635,016.
PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS
The Design-Build Agreement with Erickson-Hall Construction Co. provides the City with a fully
functional Fire Station No.6 including the facilities and site-work required to provide fire
service to the eastern territories of the City. The general scope of work and completion dates of
the Original Agreement will be amended to include but is not limited to the following:
Design and construct a completed and fully functional 6,400 square foot 2-bay fire station
including the facilities and site-work required. The fire station shall include, but not be
limited to all components outlined and described in the schematic design.
Substantial Completion: Achieve "Substantial Completion" (as defined in § 16.1) no later
than 456 calendar days from issuance of Notice to Proceed at execution of Agreement.
Achieve "Final Completion" (as defined in §16.2) No later than 486 calendar days from
issuance of Notice to Proceed at execution of Agreement.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbidlbuild process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by City, which results in a significant
,1,;r
--.--..--.---.."
Page 3, Item: -
Meeting Date: 03/16/04
change to the original scope. Otherwise, change orders are reviewed/approved by staff and the
design builder. This practice is commonplace when using the designfbuild construction
technique.
FISCAL IMPACT:
Erickson-Hall Construction Co. has requested the GMP be set at $2,375,000. The GMP
includes, but is not limited to, design services, general conditions, insurance, bonds, construction
management, the cost for all labor, equipment, and material to design and build a fully functional
4,200 square foot 2-bay fire station in accordance with all applicable building codes. The
available PFDIF funds for Fire Station No.6 are $2,469,300. A previous appropriation of
$1,339,000 was approved by Council thru the FY 2002-2003 Budget Process. Approval of
tonight's resolution will authorize an appropriation of the remaining available PFDIF balance of
$1,130,300 and approving a budget transfer from Fire Station No.7 (CIP PS150) to Fire Station
No.6 (CIP PS126) of$165,716 as necessary to complete the project.
Attachment A - Amendment to the Design Build Agreement
nGen",] Secvi",IGS Admini,tcationICoon,i] AgendalFi" Station 61Fi" Station 6 GMP AI13.doc
/1-'3
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING FIRST AMENDMENT
TO THE AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION COMPANY, TO INCORPORATE THE
GURANTEEED MAXIMUM PRICE (GMP) FOR THE
SERVICES REQUIRED TO DESIGN AND CONSTRUCT
FIRE STATION NO.6, (CIP PSI26) LOCATED AT EAST
H STREET AND MT. MIGUEL ROAD IN THE ROLLING
HILLS RANCH COMMUNITY OF CHULA VISTA,
APPROPRIATING ADDITIONAL FUNDS THEREFOR
WHEREAS, on October 7, 2003, City Council approved an agreement with
Erickson-Hall Construction Company for services required to design and construct a 4,200
square foot 2-bay Fire Station No.6 including the facilities and site-work required to provide
fire service to the eastern territories of the City; and
WHEREAS, the project is nearing the end of the design phase and ready to start
the construction phase in March 2004; and
WHEREAS, the Guaranteed Maximum Price (GMP) is to be established at 90%
construction documents, which would include, but not limited to, the cost for all labor,
equipment, material to design and build a fully functional 4,200 square foot 2-bay Fire Station
No.6 in accordance with all applicable building codes; and
WHEREAS, a not to exceed amount of$I,915,710 was established, based upon
rough schematic drawings, in the Design Build agreement; and
WHEREAS, as the design progressed and some of the complexities of this
project became know, the actual GMP as determined at 90% construction drawing stage
exceeded the not to exceed amount in the original agreement; and
WHEREAS, it was detemlined during the design phase that accommodations for
future Medical Alert personnel and equipment were needed; and
WHEREAS, as a result, the size of the apparatus bay was increased and two
bunkrooms were added; and
WHEREAS, Erickson-Hall Construction Company has requested the GMP be
set at $2,375,000. The GMP includes, hut is not limited to, design services, general conditions,
insurance, bonds, construction management, the cost for all labor, equipment, and material to
design and build a fully functional 4,200 square foot 2-bay fire station in accordance to
applicable building codes.
/1' Lf
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the First Amendment of the Design Build Agreement
incorporating the GMP at $2,375,000 for design and construction of a 4,200 square foot 2-bay
Fire Station No.6 and appropriate additional funds of $1,130,300 from the available balance of
the Public Facilities Development Impact Fee Fund (PFDlF), a copy of which shall be kept on
filc in the otJice of the City Clerk and hereby authorizes the Mayor to execute said Amendment
on behalf of the City ofChula Vista.
Presented by Approved as to form by
Jack Griffin
Dircctor of General Services
'"""";cylc.",-AglccmcnlsAm,,,dme,,' 10 Design ""lid hi, S",lnn Ú
/1J!5
- ---------- .-----
First Amendment To
the Design Build Agreement between the City of Chula Vista
and Erickson-Hall Construction Co.
For Design and Construction of Fire Station No.6
This first amendment is made and entered into this 16th day of March, 2004 by and between the
City of Chula Vista (herein "City"), a municipal corporation, and Erickson-Hall Construction co.
(herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to
as Parties ("Parties")
RECITALS
WHEREAS, the City and DIE entered into an agreement ("Original Agreement") dated October
7, 2003 and approved by City Council Resolution 2003-428, whereby DIB provides design and
construction services to the City for the construction of a 4,200 square foot 2-bay Fire Station
No.6 including the facilities and site-work; and
WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed
amount of$I,915,709; and
WHEREAS, during the preparation of the design and construction documents staff determined
that accommodations for future Medical Alert personnel and equipment were needed thus the
size of the apparatus bay was increased and two bunkrooms were added; and
WHEREAS, DIB and City staff have value engineered the project to provide the best product at
the most effective price; and
WHEREAS the parties now desire to amend the Agreement to increase the contract amount to
incorporate the guaranteed maximum price of $2,375,000 for the complete design and
construction of Fire Station No.6.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation ofthe Parties set
forth herein, the City and Design Builder agree as follows:
I. Section I of Original Agreement, entitled General Scope of Work to be Performed by
DIB, is hereby amended as follows:
l.l In accordance with the terms set forth in this Agreement and the Request
for Proposal (RFP) for Design Build Services for Fire Station No.6 (Exhibit I), DIE
shall design and construct for the City: a completed and fully functional ~ 6,400
square foot 2-bay fire station. The Fire Facility shall include, but not be limited to all
components outlined and described in the attached document entitled RFP for Design
Build Services for Fire Station No.6 (Exhibit 1) (referred to hereafter as "Project").
The Project is located in Rolling Hills Ranch Community in Eastern Chula Vista.
/1- It
'-------"---------'-
1.3.1 Perfonn all services, work and obligations as described herein for the not
to exceed amount of $2,375,000 pursuant to Section 13 of this Agreement, which
shall include Design Services and General Conditions necessary to provide a fully
completed and functional Project. D/B shall perfonn all Design Services and General
Conditions for the not to exceed amount of $394,887 as outlined in the Design Build
Fee Structure (Exhibit 2). At 90% complete construction documents a Guaranteed
Maximum Price (GMP) will be established pursuant to Section 13 ofthis Agreement,
which will include, but not be limited to, the cost for all labor, equipment, and
material to design and build a fully functional Fire Station in accordance with all
applicable rules, regulations, and laws. The D/B fee shall be based upon the Design
Build Fee Structure (Exhibit 2) and is estimated at $152,260. Any costs incurred by
D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a
change order is approved by the City pursuant to Sections 9 and 14 of this agreement.
All funds remaining in the GMP at the completion of the project shall belong to the
City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in §16.1) no later than 456 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 486
calendar days from issuance of Notice to Proceed at execution of Agreement.
2. Section 13 of the Original Agreement, entitled D/B GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1.1 The GMP shall not exceed $2,375,000 and include within said GMP shall
be no more than $394,887 for Design Services and General Conditions as previously
identified in Section 1.3.1 of this agreement.
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for perfonnance of all services and obligations under this
Agreement, D.B shall be compensated ("D/B GMP") by a sum of$2,375,000.
3. Exhibit 2 of the Original Agreement shall be substituted with the Revised Exhibit 2.
4. Except as expressly provided herein all other provisions of the Original Agreement
shall remain in full force and affect.
11-1
Signature Page to the First Amendment to
the Design Build Agreement between the City ofChula Vista
and Erickson-Hall Construction Co.
For Design and Construction of Fire Station No.6
City of Chula Vista Erickson Hall Construction Co.
by by '\ '"'\J ì 1---
Stephen C. Padilla, Mayor Michael F. Hall
Chief Operating Officer
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in follll by:
Ann Moore, City Attorney
J:IGene,,) Sen:;cesIGS Adm;nìstrat;onICooncìl AgendalF;re Stat;on 61FS 6 Amendment S;gnature Page.doc
/1- f
._.-
EXHIBIT 2
90% GMP Cost of Construction
Fire Station No.6
90% GMP
Fire Station No.6 Construction Costs
1. GMP Budget - 6,493 SF Fire Station $ 1,704,720
2. General Conditions -10 Months $ 200,000
3. Subtotal - Hard Construction Costs $ 1,904,720
4. Design/Builders Fee - sliding scale
Fee on first $1,000,000 of construction cost $ 100,000
Fee on next $500,000 over $1 ,000,000 - 6% $ 30,000
Fee on next $500,000 over $1,500,000 - 5 1/2% $ 22,260
Fee over $2,000,000 - 5% $
5. Total- GMP Cost of Construction Estimate $ 2,056,980
Design and Pre-Construction Fees:
6. Preconstruction Services for Design/Builder - sliding scale
Preconstruction fee on first $1,000,000 of construction cost $ 2Ò,000
Preconstruction fee on construction cost over $1 mil. - 3/4% $ 7,927
7. A/E Design Fees
Archictectural $ 56,400
Structural $ 14,200
Mechanical $ 10,500
Electrical $ 16,500
Landscape $ 8,900
8. A/E Construction Administration $ 19,000
9. Civil, Hydrology, Utilities & SWPPP $ 24,500
10 Reimbursables $ 15,000
11. App Bay Size Redesign $ 1,960
Total Design & Build Cost $ 2,251,867
12. Cost of bond premium - sliding scale
First $500,000 - $12.00 per 1,000 $ 6,000
Premium over $500,000 - $8.00 per 1,000 $ 14,015
13. Insurance $ 7,883
14. Building/Utility/Site Fees (by owner) $
15. Project contingency @ 5% $ 95,236
Total Project Cost $ 2,375,000
Design Fees, Pre-Construction Fees and GC Summary:
General Conditions (line item 2 above) $ 200,000
Design and Pre-Construction Fees (line items 6-11 above) $ 194,887
Total Design Fees, Pre-Const. Fees and General Conditions $ 394,887
Erickson-Hall Construction Co
¡1~q
. -... .....-.----.---.-.------.- ... .
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 03/16/04
ITEM TITLE: Resolution approving the amendment to the agreement with
Erickson-Hall Construction Co. to incorporate the Guaranteed Maximum
Price (GMP) of $2,375,000 for the services required to design and
construct Fire Station No.6 (CIF PS126) located at East H Street and Mt.
Miguel Road in the Rolling Hills Ranch community of Chula Vista,
amending the date of Substantial and Final Completion and appropriating
additional funds therefore.
Resolution approving a budget transfer from Fire Station No.7
(CIF PS150) to Fire Station No.6 (CIF PS126) as necessary to complete
the project.
SUBMITTED BY: Director of General Services ~
REVIEWED BY: City Manage"¡i- ,,~ (4/Sths Vote: Yes...x.. No~
)r~ During the Fiscal Year 2002-2003 ClP Budget process, staff infonned Council that it was
developing plans for the design and construction of Fire Station No.6 including the facilities and
site-work required to provide fire service to the eastern territories of the City. The project is
nearing the end of the design phase and ready to start the construction phase in March 2004.
This resolution will set the Guaranteed Maximum Price (GMP) per the Design Build Agreement
with Erickson-Hall Construction Co. for this project, appropriating additional funds therefore,
amending the Substantial and Final Completion dates and approving a budget transfer from Fire
Station No.7 (ClP PS 150) portion of design and construction savings to Fire Station No.6 (ClP
PS 126) as necessary to complete the project.
RECOMMENDATION:
That the City Council approve the amendment of the Design Build Agreement incorporating the
GMP at $2,375,000 for design and construction of Fire Station No.6, amending the Substantial
and Final Completion dates and appropriate additional funds of $1,130,300 from the available
balance of the Public Facilities Development Impact Fee Fund (PFDIF).
That the City Council approve a budget transfer in the amount of $165,716 from Fire Station No.
7 (CIP PS 150) to Fire Station No.6 (ClP PS 126) as necessary to complete the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/'1-
Page 3, Item: -
Meeting Date: 03/16/04
change to the original scope. Otherwise, change orders are reviewed/approved by staff and the
design builder. This practice is commonplace when using the designlbuild construction
technique.
FISCAL IMPACT:
Erickson-Hall Construction Co. has requested the GMP be set at $2,375,000. The GMP
includes, but is not limited to, design services, general conditions, insurance, bonds, construction
management, the cost for all labor, equipment, and material to design and build a fully functional
4,200 square foot 2-bay fire station in accordance with all applicable building codes. The
available PFDIF funds for Fire Station No.6 are $2,469,300. A previous appropriation of
$1,339,000 was approved by Council thru the FY 2002-2003 Budget Process. Approval of
tonight's resolution will authorize an appropriation of the remaining available PFDlF balance of
$1,130,300 and approving a budget transfer from Fire Station No.7 (Crp PS 150) to Fire Station
No.6 (CIP PS126) of$165,716 as necessary to complete the project.
Attachment A - Amendment to the Design Build Agreement
J,IOeneral S,,";cesIOS Adm;o;strat;onICouncd AgendalF;re StaÜon 61F;re StaÜon 6 aMP A ¡I].doc
/1#3
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING FIRST AMENDMENT
TO THE AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION COMPANY, TO INCORPORATE THE
GURANTEEED MAXIMUM PRICE (GMP) FOR THE
SERVICES REQUIRED TO DESIGN AND CONSTRUCT
FIRE STATION NO.6, (CIP PS126) LOCATED AT EAST
H STREET AND MT. MIGUEL ROAD IN THE ROLLING
HILLS RANCH COMMUNITY OF CHULA VISTA,
APPROPRIATING ADDITIONAL FUNDS THEREFOR
WHEREAS, on October 7, 2003, City Council approved an agreement with
Erickson-Hall Construction Company for services required to design and construct a 4,200
square foot 2-bay Fire Station No.6 including the facilities and site-work required to provide
fire service to the eastern territories of the City; and
WHEREAS, the project is nearing the end of the design phase and ready to start
the construction phase in March 2004; and
WHEREAS, the Guaranteed Maximum Price (GMP) is to be established at 90%
construction documents, which would include, but not limited to, the cost for all labor,
equipment, material to design and build a fully functional 4,200 square foot 2-bay Fire Station
No.6 in accordance with all applicable building codes; and
WHEREAS, a not to exceed amount of$I,915,71O was established, based upon
rough schematic drawings, in the Design Build agreement; and
WHEREAS, as the design progressed and some of the complexities of this
project became know, the actual GMP as detennined at 90% construction drawing stage
exceeded the not to exceed amount in the original agreement; and
WHEREAS, it was detennined during the design phase that accommodations for
future Medical Alert personnel and equipment were needed; and
WHEREAS, as a result, the size of the apparatus bay was increased and two
bunkrooms were added; and
WHEREAS, Erickson-Hall Construction Company has requested the GMP be
set at $2,375,000. The GMP includes, but is not limited to, design services, general conditions,
insurance, bonds, construction management, the cost for all labor, equipment, and material to
design and build a fully functional 4,200 square foot 2-bay fire station in accordance to
applicable building codes.
~f
-._- ------
First Amendment To
the Design Build Agreement between the City ofChula Vista
and Erickson-Hall Construction Co.
For Design and Construction of Fire Station No.6
This first amendment is made and entered into this 16th day of March, 2004 by and between the
City of Chula Vista (herein "City"), a municipal corporation, and Erickson-Hall Construction co.
(herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter refeITed to
as Parties ("Parties")
RECITALS
WHEREAS, the City and DIB entered into an agreement ("Original Agreement") dated October
7, 2003 and approved by City Council Resolution 2003-428, whereby DIB provides design and
construction services to the City for the construction of a 4,200 square foot 2-bay Fire Station
No.6 including the facilities and site-work; and
WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed
amount of$I,915,709; and
WHEREAS, during the preparation of the design and construction documents staff detennined
that accommodations for future Medical Alert personnel and equipment were needed thus the
size of the apparatus bay was increased and two bunkrooms were added; and
WHEREAS, DIE and City staff have value engineered the project to provide the best product at
the most effective price; and
WHEREAS the parties now desire to amend the Agreement to increase the contract amount to
incorporate the guaranteed maximum price of $2,375,000 for the complete design and
construction of Fire Station No.6.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1. Section I of Original Agreement, entitled General Scope of Work to be Performed by
DIE, is hereby amended as follows:
1.1 In accordance with the tenns set forth in this Agreement and the Request
for Proposal (RFP) for Design Build Services for Fire Station No.6 (Exhibit I), DIB
shall design and construct for the City: a completed and fully functional 4?!00 6,400
square foot 2-bay fire station. The Fire Facility shall include, but not be limited to all
components outlined and described in the attached document entitled RFP for Design
Build Services for Fire Station No.6 (Exhibit I) (refeITed to hereafter as "Project").
The Project is located in Rolling Hills Ranch Community in Eastern Chula Vista.
/1- it
- .--.--..-...-..--..--------------..---
Signature Page to the First Amendment to
the Design Build Agreement between the City ofChula Vista
and Erickson-Hall Construction Co.
For Design and Construction of Fire Station No.6
City ofChula Vista Erickson Hall Construction Co.
'U ì J-----
by by '\
Stephen C. Padilla, Mayor Michael F. Hall
Chief Operating Officer
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
nGencral Secv;ceslGS Adm;n;stca';onICouncd Agendalc;,.c Slat;'," Ú\FS 6 Amendment S;gnature Page.doc
f
COUNCIL AGENDA STATEMENT
Item: 1-1'"
Meeting Date: 03/16/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2005 GENERAL FUND
SPENDING PLAN BY $775,945 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND TO ADD THREE
CAPTAINS, THREE FIRE ENGINEERS AND THREE
FIREFIGHTERS TO FIRE DEPARTMENT, AND AMENDING
THE FY 2005 SPENDING PLAN BY $32,500 TO CONDUCT A
FIREFIGHTERS ACADEMY AND $63,500 FOR FIREFIGHTER
UNIFORMS AND EQUIPMENT FROM THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FUND
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2004 CAP IT AL
IMPROVEMENT BUDGET PROJECT NO. PS-158 BY $370,098
FOR PURCHASE OF A FIRE ENGINE AND $125,000 FOR
OUTFITTING OF THE ENGINE FROM THE AVAILABLE
BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FUND AND AWARDING A PURCHASING
AGREEMENT TO PIERCE MANUFACTURING, INC. AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAID AGREEMENT
SUBMITTED BY: Fire c#;;~
~\¿
REVIEWED BY: City Manager lJ \)~ (4/5ths Vote: Yes X No -)
The Fire Department currently has planned 9-station network to service Chula Vista.
Fire Station 7 in the Otay Ranch was built in 2003 and Fire Station 6 will be relocated
in FY05 to provide first-in coverage to Rolling Hills, San Miguel Ranch and portions of
Eastlake. Fire Station 8 referred to as the Woods is proposed to be built concurrently
with Fie Station 6, the Rolling Hills Fire Station. This will provide the required
coverage to new development in the Woods, Eastlake Greens, Eastlake Trails and
Vistas.
RECOMMENDATION: That the City Council amend
. The FY05 General Fund spending plan by $775,945 from the available
balance of the General Fund to add three captains, three fire engineers and
three firefighters to Fire Department and amend the FY05 General Fund
¡$ø'l
spending plan by $32,500 to conduct a firefighters academy and $63,500 for
firefighter uniforms and equipment from the public facilities development
impact fund; and,
. The FY04 Capital Improvement Budget Project PS158 by $370,098 for
purchase of a fire engine and $125,000 for outfitting of the engine from the
available balance of the Public Facilities Development Impact Fund for the
Woods Fire Station.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City's current Fire Station Master Plan provides for a 9-station network to service
Chula Vista. 1 Seven of the nine fire stations have been built. The remaining two Fire
Stations, Stations 8 and 9 are proposed to open as the eastern portion of Chula Vista
is built. The Fire Department is recommending the relocation of the interim Fire
Station 6 (currently in the Eastlake I Business Park) to a new site in the Rolling Hills
Ranch. Construction is scheduled to begin on Fire Station 6 by the end of March 04
and be completed January 2005. Existing Station 6 staff and equipment will relocate
to the Rolling Hills site and an interim Station 8 will be housed at the current Eastlake
I Business Park site until the new Fire Station is built.
Eastern growth and the relocation of Fire Station 6 to Rolling Hills has prompted the
need to accelerate construction of the eighth fire station in the Woods. Fire Station 8
known, as the "Woods Fire Station" will provide needed coverage to new
development in the Woods, Eastlake Greens, Trails and Vistas. It will be located on
Woods Drive and Otay Lakes Road. It will require the hiring of three Captains, three
Engineers and 3 firefighter positions and the purchase of a new fire engine (pumper).
The nine new firefighter positions will be hired in October 2004 and participate in a 10
week Fire Academy. From January 2005 to July 2005, the nine new positions will be
housed at the interim Fire Station located on Lane St. The new Fire Station 8 is
anticipated to open by July 2005.
StaffinQ Costs
The FY 05 staffing cost is $871,945 for three Fire Captain, three Fire Engineers and
three Firefighters and related uniforms and equipment. A total of $775,945 will be
paid for from the General Fund; $63,500 for related firefighter uniforms and
equipment and $32,500 for training is proposed to be paid for by the Public Facilities
Development Impact Fund (PFDIF). The ongoing annual operating cost to the
General Fund is $915,835 for personnel and $34,200 for equipment beginning in FY
06.
Equipment Costs
1 The Fire Station Master Plan will be revised by September 30, 2004.
I g #J-
Opening of the Woods Fire Station would require the purchase of a triple combination
pumper. The City of Chula Vista Municipal Code Section 2.56.140 authorizes the
Purchasing Agent to participate in cooperative arrangements with other governmental
agencies for the acquisition of equipment purchased through a competitive process.
The City of San Diego has formally awarded contracts to Pierce Manufacturing for
purchase of similar equipment.
The Fire Department has successfully negotiated a favorable price based on the City
of San Diego request for bid for similar equipment. Pierce will provide a 100%
performance bond to ensure compliance with all manufacturing specifications and
deliver the new fire engine in seven months. The total cost of the apparatus
including a volume and pre-payment discount is $368,226. An additional $125,000 is
required to fully outfit the new fire engine with the proper firefighting equipment. The
total cost for the new fire engine and related equipment is $493,226. The fire
apparatus costs are DIF eligible and proposed to be paid for by the Public Facilities
Development Impact Fund (PFDIF).
Construction Costs
Construction cost and schedule for Fire Station 8 will be provided in a separate
agenda statement prepared by the General Services Department in later this
calendar year. These costs will be paid for from the Public Facilities Development
Impact Fund (PFDIF).
FISCAL IMPACT:
The FY 05 costs for staffing of the Woods Fire Station is $871,945 for three Fire
Captain, three Fire Engineers and three firefighters and related uniforms and
equipment and training. The first year uniform and equipment as well as training cost
will be paid for from the Public Facilities Development Fund (PFDIF) resulting in a net
cost to the General Fund of $775,945 in FY05. The ongoing annual operating cost to
the General Fund is $915,835 for personnel and $48,200 for training, uniforms and
equipment.
A total of $493,226 for purchase and outfitting of the Fire engine will be paid for from
the available balance of the Public Facilities Development Impact Fund (PFDIF). It is
anticipated that the fire engines will be operational by January 2005. As a result the
estimated FY05 costs are $9,746 for maintenance and fuel and $17,610 for
replacement charges. Beginning in FY06, the ongoing apparatus maintenance and
replacement charges are $19,492 and $35,219.
It'3
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2005 GENERAL FUND
SPENDING PLAN BY $775,945 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND TO ADD THREE
CAPTAINS, THREE FIRE ENGINEERS AND THREE
FIREFIGHTERS TO FIRE DEPARTMENT AND AMENDING
THE FY 2005 SPENDING PLAN BY $32,500 TO CONDUCT A
FIREFI G HTERS ACADEMY AND $63,500 FOR
FIREFIGHTER UNIFORMS AND EQUIPMENT FROM THE
PUBLIC FACILITIES DEVELOPMENT IMP ACT FUND
WHEREAS, The Fire Department currently has planned 9-station network
to service Chula Vista; and,
.
WHEREAS, Fire Station 7 in the Otay Ranch was built in 2003 and Fire
Station 6 will be relocated in FY04/05 to provide first-in coverage to Rolling
Hills, San Miguel Ranch and portions of Eastlake; and,
WHEREAS, Fire Station 8 referred to as the Woods is proposed to built
concurrently with the Rolling Hills Fire Station; and,
WHEREAS, This will provide the required coverage to new development
in the Woods, Eastlake Greens, Trails and Vistas; and,
WHEREAS, the FY05 spending plan will be amended by $775,945 to add
three captains, three fire engineers and three firefighters to fire department; and,
WHEREAS, eastern growth and the relocation of Fire Station 6 to Rolling
Hills has prompted the need to accelerate construction of the eighth fire station in
the Woods; and,
WHEREAS, Station 8 will be located on Woods Drive and Otay Lakes
Road.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
DOES HEREBY AMEND THE FY05 GENERAL FUND SPENDING PLAN
BY $775,945 FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND TO ADD THREE CAPTAINS, THREE FIRE ENGINEERS AND
THREE FIREFIGHTERS TO FIRE DEPARTMENT AND AMENDING THE
FY05 SPENDING PLAN BY $32,500 TO CONDUCT A FIREFIGHTERS
ACADEMY AND $63,500 FOR FIREFIGHTER UNIFORMS AND
EQUIPMENT FROM THE PUBLIC FACILITIES DEVELOPMENT IMP ACT
FUND
/ g-4
Presented by: Approved as to form by:
~-t~~~ß f2{f ~~
Ann Moore
Fire Chief City Attorney
H:/shard/attorney/sta 8 Personnel reso
/3-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2004 CAPITAL
IMPROVEMENT BUDGET PROJECT NO. PS-158 BY
$370,098 FOR PURCHASE OF A FIRE ENGINE AND
$125,000 FOR OUTFITTING OF THE ENGINE FROM THE
A V AILABLE BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMP ACT FUND AND A WARDING A
PURCHASING AGREEMENT TO PIERCE
MANUF ACTURING, INC. AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAID AGREEMENT
WHEREAS, the Fire Department currently has planned 9-station network
to service Chula Vista; and, ,
WHEREAS, Fire Station 7 in the Otay Ranch was built in 2003 and Fire
Station 6 will be relocated in FY 2005 to provide first-in coverage to Rolling
Hills, San Miguel Ranch and portions of Eastlake; and,
WHEREAS, this will provide the required coverage to new development
in the Woods, Eastlake Greens, Trails and Vistas; and,
WHEREAS, the FY 2004 Capital Improvement Budget Project PS158 will
be amended by $495,098 from the available balance of the Public Facilities
Development Impact Fund for purchase and outfitting of a fire engine the Woods
Fire Station 8; and,
WHEREAS, a purchasing agreement will be awarded to Pierce
Manufacturing, Inc. for one triple combination pumper; and,
WHEREAS, the City of Chula Vista Municipal Code Section 2.56.140
authorizes the Purchasing Agent to participate in cooperative arrangements with
other governmental agencies for the acquisition of equipment purchased through a
competitive process.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY
COUNCIL DOES HEREBY AMEND THE FY04 CAPITAL IMPROVEMENT
BUDGET PROJECT PS158 BY $370,098 FOR PURCHASE OF A FIRE
ENGINE AND $125,000 FOR OUTFITTING OF THE ENGINE FROM THE
A V AILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMP ACT FUND AND AWARDS A PURCHASING AGREEMENT TO
PIERCE MANUFACTURING, INC. AND AUTHORIZES THE PURCHASING
AGENT TO EXECUTE SAID AGREEMENT.
/ g.~ If
Presented by: Approved as to form by:
,~ ~~
City Attorney
H:/shardlattorney/sta 8 Fire Engine reso
/g~1