HomeMy WebLinkAboutAgenda Packet 2004/04/27
AGENDA
April 27, 2004
6:00 P.M.
CALL TO ORDER
ROLL CALL:
Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
CONSENT CALENDAR
(Items 1 through 9)
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 April 6, 2004.
Staff recommendation: Council approve the minutes.
2.
ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF CHULA VISTA
DECREASING TIIE EXISTING SPEED UMIT ON ALBANY A VENUE BETWEEN
ORANGE AVENUE AND MAIN STREET TO 25 MPH (SECOND READING)
California Vehicle Code Section 40803 requires that existing speed limits be verified
every seven years and increased or decreased as needed. A recent Engine¡:ring and
Traffic Survey for Albany Avenue between Orange Avenue and Main Street was
completed and it is recommended that the existing speed limit on this roadway be
reduced to 25 mph. This ordinance was introduced on April 20, 2004. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
3.
ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF CHULA VISTA
ESTABUSHING A 25-MPH SPEED LIMIT ON PASEO DEL REY BETWEEN EAST
"H" STREET AND LAZO COURT (SECOND READING)
The California Vehicle Code authorizes the establishment of local speed limits based on
an Engineering and Traffic Survey. A recent survey for Paseo del Rey between East "H"
Street and Lazo Count was completed, and it is recommended that a 25 mph speed limit
be established on this roadway. This ordinance was introduced on April 20, 2004.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
6.
4.
RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $6,000 IN FISCAL YEAR 2004 FROM TIlE GENERAL FUND TO
THE CITY CLERK'S DEPARTMENT AND AMENDING TIlE SPENDING PLAN BY
ADDING $25,000 IN FISCAL YEAR 2005 FOR STORAGE OF PERMANENT AND
LONG-TERM RECORDS (4/5THS VOTE REQUIRED)
Adoption of the resolution adds $6,000 to the Fiscal Year 2004 City Oerk budget to
cover the costs to store permanent and/or long-term records in an off-site records storage
facility. It also amends the Fiscal Year 2005 spending plan by adding $25,000 for the
annual records storage cost. (City Clerk)
Staff recommendation: Council adopt the resolution.
5A.
RESOLUTION OF TIlE CITY COUNéIL OF THE CITY OF CHULA VISTA
APPROVING A REIMBURSEMENT AGREEMENT WITH TIlE EASTLAKE
COMPANY FOR CONSTRUCTION OF A PORTION OF THE POGGI CANYON
TRUNK SEWER EXTENSION AND APPROPRIATING FUNDS THEREFOR
(4/5THS VOTE REQUIRED)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SECOND AMENDMENT TO THE ACQUISITION/FINANCING
AGREEMENT FOR COMMUNITY FACIUTIES DISTRICT NO. 06-1
B.
As part of the EastLake Land Swap project development, the EastLake Company
constructed the Poggi Canyon Trunk Sewer Extension, a 2.4 million dollar, deep gravity
sewer, extending from the EastLake Parkway Pump Station to the Poggi Canyon Trunk
Sewer at Olympic Parkway. Adoption of the resolutions enables the City to reimburse
the EastLake Company for the cost of the sewer from Community Facility District
proceeds and City funds, and amends the acquisition fmancing agreement for CFD 06-1.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO
CONTINUE TO PROVIDE YOUTH COUNSELING SERVICES
South Bay Community Services has provided the City with juvenile counseling services
since 1985. Adoption of the resolution approves an agreement to continue those services,
including Youth Counseling, Runaway Juvenile Case Management, and Homeless Youth
Outreach programs. (police Chief) -
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
April 27, 2004
9.
7.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT BETWEEN THE CITY OF CHUIA VISTA AND
RBF CONSULTING, TO PROVIDE PROFESSIONAL PLANNING SERVICES AND
AMENDING FISCAL YEAR 2005 SPENDING PLAN OF THE PLANNING AND
BUILDING DEPARTMENT TO ADD $125,000 IN EXPENDITURES AND
APPROPRIATING $125,000 IN OFFSETTING REVENUES TO BE FUNDED BY
DEVELOPER DEPOSITS
Adoption of the resolution approves a three-year contract agreement with RBF
Consulting, a professional planning/consulting firm, to support the high level of
application activity in the Development Services section of the department. The
resolution also approves an amendment to the fiscal year 2005 spending plan of the
Planning and Building Department to add $125,000 in expenditures, and $125,000 in
offsetting revenues to be funded by developer deposits. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
8.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF A GRANT APPUCATION TO THE
DEPARTMENT OF CONSERVATION, DIVISION OF RECYCUNG FOR $55,413,
FOR UTTER REDUCTION AND RECYCUNG ACTIVITIES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION
WITH IMPLEMENTING THE AGREEMENT
The Beverage Container Recycling and Litter Reduction Act requires the Division of
Recycling to use a portion of the California Redemption Value (CRY) funds for annual
payments to local governments for litter reduction and collection programs that
encourage recycling. Adoption of the resolution approves the submittal of the application
for these funds. (Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A JOINT USE AGREEMENT WITH THE SAN DIEGO COUNTY
WATER AUTHORITY REGARDING EASTLAKE PARKWAY
In order to complete the Poggi Canyon Trunk Sewer System, it is necessary to construct
the final section located within EastLake Parkway in EastLake Greens. This section
crosses easements held by the San Diego County Water Authority. Because one or more
of these easements predate EastLake Parkway and are not under franchise, a joint use
agreement will be required. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
April27,2OO4
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 jùture 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.
10.
CONSIDERATION OF APPROVAL OF ACQUISITION OF CERTAIN RIGHTS-OF-
WAY OVER A PORTION OF ASSESSOR'S PARCEL NUMBER 639-080-22 FOR
CONSTRUCTION OF THE TELEGRAPH CANYON ROAD STREET WIDENING
PROJECT (CY-1O2) (Director of General Services, City Engineer)
Staff recommendation: Council continue the public hearing to May 11, 2004
11.
CONSIDERATION OF A CONSTRUCTION BID SUBMITTED BY YEAGER-
SKANSKA INC., FOR THE I-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY
INTERCHANGE IMPROVEMENTS PROJECT (STM-328)
Major improvements to the East Orange Avenue/Olympic Parkway Interchange at 1-805
were approved and budgeted as part of the Fiscal Year 2003/2004 Capital Improvements
Program (CIP). The City is now prepared to award a construction contract for the project
which will include widening a number of facilities such as the bridge deck over 1-805,
freeway ramps and adjacent streets, the modification of traffic signals, sound walls,
sound berms, and other work necessary to complete the project. Finally, as part of the
bid award a public hearing is being held to address a defect/irregularity in Yeager-
Skanska's bid. (Director of General Services, City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT
FOR THE I-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY
INTERCHANGE IMPROvMENTS (STM-328) TO YEAGER-SKANSKA INC.,
IN THE AMOUNT OF $14,859,035.30
Page 4 - Council Agenda
April 27, 2004
D.
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
INCREASING THE DIRECTOR OF PUBUC WORKS OPERATIONS'
INDIVIDUAL CHANGE ORDER AUTHORITY UP TO $100,000 AND
CUMULATIVE CHANGE ORDERS UP TO $765,951.77 FOR I-805ÆAST
ORANGE AVENUE/OLYMPIC PARKWAY (pROJECT STM-328), PER
COUNCIL POLICY 574-01
C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE CITY ENGINEER'S ACTION FOR ADDITIONAL PLAN
SUBMITTAL COSTS FOR THE I-805/EAST ORANGE AVENUE/OLYMPIC
PARKWAY INTERCHANGE IMPROVEMENT PROJECT (STM-328) IN THE
AMOUNT OF $199,676.76
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DIRECTOR OF PUBUC WORKS OPERATIONS TO
ENTER INTO AN AGREEMENT WITH THE CAUFORNIA IDGHWAY
PATROL FOR CONSTRUCTION ZONE ENHANCED ENFORCEMENT
(COZEEP) SERVICES FOR THE I-805/EAST ORANGE AVENUE/OLYMPIC
PARKWAY INTERCHANGE IMPROVEMENT PROJECT (STM-328), IN AN.
AMOUNT NOT TO EXCEED $100,000
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
12.
CITY MANAGER'S REPORTS
13.
MAYOR'S REPORTS
14.
COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of May 4, 2004, at 4:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda
April27,2004
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item~.:J...., - -
Meeting Date 4/20/04
~O~
Ordinance decreasing the eIW!i~b~it on Albany Avenue between
Orange Avenue and Main S~Ø~mph
O~t:;)
Director of Genera'P\<trvices/City Engineer ~
City Manager~ 9-'/ (4/5ths Vote: Yes- NoX)
ITEM TITLE:
REVIEWED BY:
California Vehicle Code (CVC) Section 40803 requires that existing speed limits be verified every seven
(7) years and increased or decreased as needed. A recent Engineering and Traffic Survey for Albany
Avenue between Orange Avenue and Main Street was completed which recommends decreasing the
existing speed limit on this roadway to 25 mph.
RECOMMENDATION: That Council adopt the ordinance.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of March 11,2004, voted to
concur with staffs recommendation to decrease the existing speed limit on this roadway to 25 mph.
DISCUSSION:
Albany Avenue is a north-south street in the Montgomery area that runs between Orange A venue and Main
Street west of Hilltop Drive. The street is currently posted with a 30 mph speed lirnit. A recent survey of
the roadway was completed which recommends decreasing the speed limit on this street to 25 mph.
Speed limits should be established at or below the 85th percentile speed in increments of five (5) mph. The
85th percentile speed is defined as the speed at or below which 85 percent of the traffic is moving. Speed
limits set in this manner provide law enforcement officers with the means to control drivers who will not
conform to what the majority considers reasonable and prudent.
In accordance with the California Vehicle Code the existing speed limit is verified every seven (7) years,
and increased or decreased depending on the results of the survey investigation. The latest survey, which
will be valid through October 6, 20l0,justifies reducing the speed limit based on the 85th percentile speed,
the design speed of the vertical curve, the accident rate, and the land uses along the segment.
Therefore, based on the provisions of the California Vehicle Code, and pursuant to authority under Chula
Vista Municipal Code Section 10.48.020 titled "Established Speed Limits In Certain Zones", and the
Engineering and Traffic Surveys, the City Engineer recommends that the speed limit on Albany Avenue
between Orange Avenue and Main Street be decreased from the existing 30 mph speed limit to 25 mph.
c2--1
#
Page 2, Item ..).....J
Meeting Date~
Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in the
office of the City Engineer will be revised to include the following information: - --
- '-~ -.
10.48.020 Schedule X~ È>stabli~hed Speed Limits in Certain Zones - Designated
~1',
Name of Street Beginning At / .E;nding At Proposed Speed Limit
Albany Avenue Orange Avenue Main Strèet 25 M.P.H.
The existing characteristics for Albany A venue are shown in the following table:
Se!!:ment Limits Oran!!:e Avenue to Main Street
Lenl!th/Width 0.46 mi. / 40'
Classification Residential Collector
Avg. Daily Traffic 2,998 (2002)
(Year)
Exist. Speed Limit 30 mph
8Sth% Speed 29 mph
Number of Lanes 2
Striping School crosswalks crossing Albany Avenue at Zenith Street and
Mont£!Omerv Street
On-Street Parkin!!: Allowed
Land Use Single family residential on the west side, a park, an elementary
school, and a mobile home park on the east side
Horizontal Tangent
AIil!nment
Vertical Alignment A vertical curve exists between Anita Street and Tremont Street,
which meets the design standard for a design speed of25 mph
Accident Rate: 3,25/3.05
Se!!:ment / State (per million vehicle miles)
FISCAL IMPACT:
The cost to install signs and pavement legends is approximately $550, which is included in the Public
Works Operations operating budget.
Attachments:
Engineering Traffic Survey
Radar Speed Survey
Aerial
J:\EngineerIAGENDAlAlbany speed Orange to Main,sm,doc ~ - J
Rev, 4/7/2004 8:05 AM """"- -c--..
J/-r-
ORDINANCE NO. - ~\,¡O~\\O¥<
ORDINANCE OF THE CITY COUNCI.l.r~\tHE CITY OF
CHULA VISTA DECREASING T~~TING SPEED LIMIT
ON "ALBANY A VENUE BR~W ORANGE AVENUE AND
MAIN STREET TO 25 M$\)-J'--
WHEREAS, based on the provisions of the California Vehicle Code, Engineering and
Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020,
titled "Established Speed Limits In Certain Zones," the City Engineer, in the interest of
minimizing traffic hazards and for the promotion of public safety, has recornmended that the
speed limits on Albany Avenue between Orange Avenue and Main Street decreased from the
existing 30 mph speed limit to 25 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of March
11,2004, voted to concur with the City Engineer's determination stated above.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 25 mph speed limit for all segments of Albany Street between Orange Avenue
and Main Street is hereby established.
SECTION II: That Schedule X of a Register of Schedules rnaintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in
Certain Zones - Designated," is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Speed Limit
Albany Avenue Orange Avenue Main Street 25 MPH
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
d)~ {.t+--~
Jack Griffin
Director of General Services
Ann Moore
City Attorney
j,AttomeylOrdinancelAlbany Ave speed limit
# o?-6
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Albanv Avenue
LIMITS: Orange Avenue to Main Street
Length of Segment (ft): 2,475' (0,469 mi)
Existing Posted Limit (mph): 30 mph
SUMMARY OF SPEED SURVEYS
Segment: Oranee Ave. to Main SI.
Date Taken: 10/ 06 / 2003
No. of Vehicles on Sample (cars): 100
85'" Percentile (mph): 29 mnh
Range of Speeds Recorded (mph): 16-36 mnh
ROADWAY CHARACTERISTICS
Width (ft): 40' curb to curb.
Total No. of Lanes: 2 lanes (1 per direction).
Horizontal Alignment: Tangent.
Vertical Alignment: GL = -14.20%. G, = 1.93% creating a grade difference 0[16.13% over a length of
390' producing a desi\!I1 speed of25 mph between Anita St. and Tremont St.
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 2.998 (2002)
On-Street Parking: Allowed along both sides of the entire length of se!!;!I1ent.
Special Conditions: Single-family dwellings with direct-driveway access. City park on east side
between Tremont St. and Montgomery St. Olav Elementarv School on east side
at Montgomerv St. Mobile home park on east side between Carver St. and Anita
St.
Accident History: The accident rate at this sel!.IIlent is 3.25 per million vehicle miles. which is
higher than the average rate of3.05 for similar highways in the State of
California.
SURVEY RESULTS
Study was Prepared by: Leia B. Cabrera
Date: 10/06/2003
Recommendation: Reduce sPeed limit to 25 mph based
on 85th percentile speed. vertical
ali\!I1Illent. sPecial conditions and
accident rate.
Date Recommendation Approved: /~.ítc ~ 3
By. M led Al-Ghaftv. P.E..T.E.
Approved Speed Limit (mph): 25 mph
Per CVC 40803, Survey Expires: 10/06/2010
J:\lEnginecrlTRAFFIClENGINEERlNG & TRAFFIC SURVEYSlSpccd Umit SurvcysWbany Ave (Orange - Main).doc
...? - .3 -t:p:J
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY Albany AYe.
DATE 10/06/2003 SURVEY SITE Oranae Ayenue to Main Street
TIME START ...1.1.;jL AM TIME END J.1AL AM
DIRECTION: North -0 South = /
MPH 5 10 15 20 TOTAL % CUM%
40
39
38
37
36 0 1 1 100
35
34 0 1 1 99
33
32 0 0 0 3 3 98
31 0 0 / 3 3 95
30 0 0 0 0 0 I / 7 7 92
28 0 0 I 3 3 80
27 0 0 0 I / I I / I 9 9 77
26 0 0 0 0 / 5 5 68
25 0 0 0 0 / I / I / / I 11 11 63
24 0 0 0 0 / I / I / / I / 12 12 52
23 0 0 0 0 I I / / / 9 9 40
22 0 0 0 0 / / 6 6 31
21 0 0 0 / / 5 5 25
20 0 0 0 / / / / / / 9 9 20
19 / / / / 4 4 11
18 0 / / 3 3 7
17 0 0 2 2 4
16 / / 2 2 2
15
14
13
12
11
10
9
8
7
6
5
4
3
2
1
RECORDER: leia Cabrera TOTAL NUMBER OF VEHICLES: 100
POSTED SPEED ~
WEATHER Cloudy
H:IHOME\ENGINEERITRAFFICISpeed_SurveyslAlbany Aye (Orange - Main).xls
-t:þ-1f ~ - f
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item .J?3 .
Meeting Date 4/20/04
S:¡O'?\\O';;\
Ordinance establishing ~.~~~s~eed limit on Paseo Del Rey
between East "H" Street and ~¡>'~(¡rt
O';;\\)
Director of General §~~ces/City Engineer ¥
City Manage~ O~ (4/5ths Vote: Yes- NoX)
ITEM TITLE:
REVIEWED BY:
The California Vehicle Code authorizes the establishment of local speed limits based on an
Engineering and Traffic Survey. A recent survey for the currentlyunposted portion of Pas eo del Rey
between East "H" Street and Lazo Count was cornpleted which recommends establishing a 25 mph
speed limit on this roadway.
RECOMMENDATION: That Council adopt the ordinance.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of March 11,2004,
voted to concur with staffs recommendation to establish a 25 mph speed limit on this roadway.
DISCUSSION:
Paseo del Rey is a north-south street, which leads into the Rancho del Rey shopping center located
north of East H Street. There is currently no speed limit posted on the portion of Pas eo del Rey from
East H Street north to Lazo Court. Staff has surveyed the roadway and recornmends establishing a
25 mph posted speed limit in this area.
Speed limits should be established at or below the 85th percentile speed in incrernents of five (5)
mph. The 85th percentile speed is defined as the speed at or below which 85 percent ofthe traffic is
moving. Speed limits set in this manner provide law enforcement officers with the means to control
drivers who will not conform to what the majority considers reasonable and prudent.
In accordance with the California Vehicle Code, the City is authorized to establish speed limits based
on the results of an Engineering and Traffic Survey. A recent survey for Paseo del Rey, which will
be valid through November 17,2010, recommends establishing a 25 mph speed limit on this
roadway based on the 85th percentile speed and the design speed of the horizontal and vertical curves
along the segment.
Therefore, based on the provisions of the California Vehicle Code, and pursuant to authority under
Chula Vista Municipal Code Section 10.48.020 titled "Established Speed Limits In Certain Zones",
.G-+- 3 -- /
~-
Page 2, ItemY3
Meeting Date 4/20/04
and the Engineering and Traffic Survey, the City Engineer recommends that a 25 mph speed limit be
established on Paseo Del Rey between East "H" Street and Lazo Court. ~
Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in
the office ofthe City Engineer will be revised to include the following information:
10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated
Name of Street Beginning At Ending At Proposed Speed Limit
Paseo Del Rey East "H" Street Lazo Court 25 M.P.H.
The existing characteristics for Paseo del Rey are shown in the following table:
Striping
On-Street Parkin
Land Use
Horizontal Ali nment
Vertical Ali nment
Accident Rate:
Se ment / State
FISCAL IMPACT:
The cost to install signs and pavement legends is approximately $1,250, which is included in the
Public Works Operations operating budget.
Attachments:
Engineering Traffic Survey
Radar Speed Survey
Aerial
J:\EngineerlAGENDA IPaseo Del Rey Speed.sm.doc
Rev. 4/7/2004 7:51 AM
5-f9: .3 - .L
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
/'
STREET: Paseo Del Rey
LIMITSi East "H" St - Lazo Ct
Length of Segment (it): 1.270 feet (0.24 miles)
Existing Posted Limit (mph): Not Posted
SUMMARY OF SPEED SURVEYS
Segment: E "H" St to Lazo Ct
Date Taken: 11/17/2003
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 25 mph
Range of Speeds Recorded (mph): 15-28 mph
ROADWAY CHARACTERISTICS
Width (ft):
Total No. of Lanes:
Varies from 52' to 64' (curb to curb)
4 total lanes (2 per direction with dual left-turn lanes at the northbound ap?roach
to Plaza Ct and at the southbound ap?roach to E "H" St.)
Minimum radius of200'over a length of281.87' along the centerline produces a
design speed of25 mph.
Gl = 0.86% and Gz = 5.02% over 150' VC I'roduces a design speed of33 mph.
Horizontal Alignment:
Vertical Alignment:
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 15.400 (1999)
On-Street Parking: Parking is ?rohibited. - -
Special Conditions: Lazo Ct and Plaza Ct lead to businesses such as The Home Depot and
Brunswick Bowling Allev. There is also direct driveway access to commercial
centers east of Pas eo Del Rev.
Accident History: The accident rate at this segment is 2.22 accidents per million vehicle miles.
which is lower than the average rate 00.35 for similar highways in the State of
California.
SURVEY RESULTS
Study was Prepared by:
Date:
Recommendation:
Date Recommendation Approved:
By:
Approved Speed Limit (mph):
Per CVC 40803, Survey Expires:
Kristin Steiner
12/17/2003
Establish 25 MPH speed limit.
ð&/~
afed Al-Ghafrv. P,E.. T.E.
25 MPH
11/17/2010
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CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY Pasee Del Rev - IE "H" St - Laze Ct)
DATE 11/17/2003 SURVEY SITE 150' N of Plaza Ct. POSTED SPEED 25 MPH
TIME START 9:40 am TIME END 10:30am WEATHER Clear
DIRECTION: _S- =0 _N- =/
MPH 5 10 15 20 TOTAL % CUM%
45
44
43
42
41
40
39
. 38
37
36
35
34
33
32
31
30
29
28 0 \ \ 3 3 100
27 \ \ \ 3 3 97
26 0 0 0 0 \ \ 6 6 94
24 0 0 0 0 0 \ \ \ \ \ \ \ 12 12 78
23 0 0 0 0 0 0 0 0 \ \ \ \ \ \ 14 14 66
22 0 0 0 0 0 0 \ \ \ \ 10 10 52
21 0 0 0 0 0 \ \ \ \ 9 9 42
20 0 0 0 0 0 0 \ \ \ \ \ 11 11 33
19 0 0 0 0 0 \ \ \ \ \ 10 10 22
18 0 0 0 \ \ \ 6 6 12
17 0 0 2 2 6
16 0 \ 2 2 4
15 0 \ 2 2 2
14
13
12
11
10
9
8
7
6
RECORDER: Kristin Steiner TOTAL NUMBER OF VEHICLES: 100
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ORDINANCE NO. - R\\O~
ORDINANCE OF THE CITY COUNCIL OF i!~OOF
CHULA VISTA ESTABLISHING A 25 MPH SP. IMIT ON
P ASEO DEL REY BETWEEN EAST "~:.:. ~{~ T AND LAZO
COURT, THEREBY AMENDINq..~DULE X OF A
REGISTER MAINTAINED IN 1{œ OFFICE OF THE CITY
ENGINEER.
WHEREAS, based on the provisions of the California Vehicle Code, and pursuant to
authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits
in Certain Zones," the City Engineer has determined that, in the interest of minimizing traffic
hazards and for the promotion of public safety, the speed limit on Paseo Del Rey between East
"H" Street and Lazo Court be established at 25 MPH; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of March
11,2004, voted to concur with the City Engineer's determination stated above.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 25 mph speed limit on Paseo Del Rey between East "H" Street and Lazo Court
is hereby established.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Lirnits in
Certain Zones - Designated," is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Speed Limit
Paseo Del Rey East "H" Street Lazo Court 25 MPH
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
Do-- (. r-l~ ~
Ann Moore
City Attorney
JAttomey\Ord;nancelPaseo Del Rey speed l;m;t.doc
~3-~
COUNCIL AGENDA STATEMENT
II
ITEM:--":::L
MEETING DATE: 4/27/2004
ITEM TITLE:
Resolution Appropriating $6,000 in Fiscal Year 2004 from the General
Fund to the City Clerk's Department and Amending the Spending Plan by
adding $25,000 in Fiscal Year 2005 for storage of permanent and long-
term records ø
Susan Bigelòw, CMC, City Clerk
SUBMITTED BY:
Adoption of the resolution adds $6,000 to the Fiscal Year 2004 City Clerk budget to cover the
costs to store permanent and/or long-term records in an off-site records storage facility. It also
amends the Fiscal Year 2005 spending plan by adding $25,000 for the annual records storage
cost.
RECOMMENDATIONS:
Council adopt the resolution.
4/5THS VOTE REQUIRED:
~Yes D No
DISCUSSION:
The City Clerk's Office oversees the citywide records management program. One component of
the program is to provide storage and protection of the City's records that must be kept either
permanently or on a long-term basis. The current record storage facility at the Public Works
Yard was established two years ago as a temporary measure pending the completion of a
permanent facility at the Civic Center. The temporary facility is not a permanent solution due to
safety and security concerns.
A permanent Records Center was planned for the old Police Department basement during the
Civic Center renovation project. Because of the newly revised Civic Center plans, there is not
sufficient space in the police building to accornmodate the records storage needs. Working with
the General Services Department and Department of Budget & Analysis, other options were
considered, such as leasing warehouse space or building a City facility at another off-site
location. Also taken into consideration was the considerable increase in staffing levels required
to maintain a records center. The most cost-effective solution would be to store the records with
a professional, off-site records storage company that will pick up and retrieve City records upon
request. The cost is approximately $2,000 per month for 5,000 cartons. More than 4,500 cartons
are currently being stored, and 1,500 to 2,000 cartons are added per year. The rnonthly cost
would increase or decrease depending on the number of cartons that are retrieved for review,
because there is a separate charge to retrieve, deliver, pick up and then re-file each carton. Staff
recornmends that the records be transferred to Corovan, where the City already stores 500
cartons. The company has agreed to barcode, pick up and index all the records at no cost to the
City (there is normally a per-box charge for this service).
FISCAL IMPACT:
The net impact on the General Fund for Fiscal Year 2004 is $6,000. These funds would be
allocated from the available balance of the General Fund. Additionally, $25,000 would be added
to the 2005 spending plan for the annual cost of records storage.
If-,
J:\ClerklBUDGET1Agenda statemenlrecords storage costs.2004-O3-16.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $6,000 IN FISCAL YEAR 2004 FROM THE GENERAL
FUND TO THE CITY CLERK'S DEPARTMENT AND AMENDING THE
SPENDING PLAN BY ADDING $25,000 IN FISCAL YEAR 2005 FOR
STORAGE OF PERMANENT AND LONG-TERM RECORDS
WHEREAS, it is essential to provide for safe and secure storage of the City's
permanent and long-term records at an off-site, professional records storage company.
NOW, THEREFORE, BE IT RESOLVED that the amount of $6,000 is hereby
appropriated from the available balance in the General Fund to the City Clerk's Specialized
Services account in the Fiscal Year 2004 budget to provide for records storage needs, and the
Fiscal Year 2005 spending plan is hereby amended to reflect ongoing records storage costs of
$25,000 per year.
Presented by
~~~~
Susan Bigelow
City Clerk
Approved as to form by
~~ ~~~\\ \(',í
Moore '
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the CityofChula
Vista, California, this 27th day of April, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALŒORNIA)
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2004-- was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 27th day of April 2004.
Executed this - day of April, 2004
Susan Bigelow, City Clerk
Lf~ d-
J:IClerkIBUDGET\Agenda statementrecords storage rosts.2004'(}3-16.doc
COUNCIL AGENDA STATEMENT
Item S--
Meeting Date 4/27/04
ITEM TITLE:
Resolution approving a Reimbursement Agreement with the
Eastlake Company for construction of a portion of the Poggi Canyon
Trunk Sewer Extension and appropriating funds therefor
Resolution approving a Second Amendment to the
Acquisition/Financing Agreement for Community Facilities District 06-1
SUBMITTED BY:
Director of General Services/City Engineer ~
City Manager ßJ (4/5ths Vote: Yes -X- No----.J
REVIEWED BY:
As part of the Eastlake Land Swap project development, the Eastlake Company constructed the
Poggi Canyon Trunk Sewer Extension, a $2.4 million deep gravity sewer extending from the
Eastlake Parkway Pump Station to the Poggi Canyon Trunk Sewer at Olympic Parkway. The
proposed resolutions will enable the City to reimburse the Eastlake Company for the cost of the
sewer from CFD proceeds and City funds; and make certain other changes to the CFD 06-1
Acquisition/Financing Agreement, some of which relate to the Poggi Canyon Trunk Sewer
Extension.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
At the request of the City, the Eastlake Company analyzed several alternatives to determine the
best method for providing a gravity sewer line for the southerly portion of the Eastlake Greens
project (currently being pumped up to the Telegraph Canyon Sewer Trunk). Based on limitations
imposed by existing improvements and topography, the best alternative required construction of
the Poggi Canyon Trunk Sewer Extension, a deep gravity sewer line ranging in depth from 20' to
60'. The sewer line follows Eastlake Parkway south (Reach I), and then crosses the commercial
land swap parcel (Reach 2) where it connects to the Poggi Canyon Trunk Sewer at Olympic
Parkway (see Attachment I). After thorough consideration of the alternatives, Eastlake
Company proceeded with and completed construction of the Poggi Canyon Trunk Sewer
Extension.
Reimbursement Agreement
Reach 2, costing approximately $1.2 million, shall be considered first. This reach extends from
Eastlake Parkway, approximately 1600 feet westerly to the existing sewer located in Olympic
Parkway. The City was interested in having this trunk line constructed because it is a required
5-(
Page 2, Item ~
Meeting Date 4/27/04
regional facility and its construction would allow the Eastlake Parkway Pump Station to be
decommissioned. The decommissioning is necessary for the following reasons:
1. Lack of safety features: The Eastlake Parkway Pump Station was originally constructed
as a temporary pump station in conjunction with the Eastlake Greens development,
without provisions for various safety features that are now typically incorporated into
permanent pump stations (e.g., an external storage basin providing at least 6 hours
storage for spill control, dual force mains for re-routing flows, and other necessary
redundant features). The station would have needed a prohibitively expensive retrofitting
to convert it to a permanent pump station.
2. Siting criteria: The Eastlake Parkway Pump Station is unsuitably located adjacent to an
Elementary school and other residential facilities.
3. Long term cost of maintenance: The City has been obligated to maintain the pump
station at a cost to the Sewer Service Revenue Fund of approximately $25,000/year. With
the wastewater now being conveyed by means of gravity down to the Poggi Canyon
sewer trunk line, there is no further need to pump wastewater up to the Telegraph Canyon
sewer trunk line.
For constructing Reach 2 of the Poggi Canyon Trunk Sewer Extension, staff recommends that
the Eastlake Company be reimbursed for their costs subject to conditions set forth in a
Reimbursement Agreement (Exhibit A). Moreover, since the construction of this major trunk
line is consistent with the purpose for establishing the Trunk Sewer Capital Reserve Fund, staff
recommends that those funds be used to reimburse the Eastlake Company. Revenue collected in
this fund is used to build new trunk sewer systems and to enlarge the capacity of the wastewater
collection and treatment system (see Attachment 2). It is appropriate to fund the proposed
reimbursement from the Trunk Sewer Capital Reserve Fund since the City had a vested interest
in constructing this segment of the Poggi Canyon Trunk Sewer Extension.
The Reimbursement Agreement will enable the City to reimburse the Eastlake Company for
costs not to exceed $1,200,000 subject to certain conditions. This amount does not include an
additional estimated $10,000 in future City staff costs to ensure compliance with the
reimbursement agreement, and $20,000 in City staff time already incurred for design activities
related to this project. The reimbursement will be made no sooner than July I, 2004 to ensure
that sufficient Trunk Sewer Capital Reserve funds are available.
Second Amendment to the Acquisition/Financing Agreement
The Eastlake Company has requested that the City consider amending the AcquisitionlFinancing
Agreement for CFD 06-1 to incorporate procedural changes regarding the payment process, to
identify Poggi Canyon Trunk Sewer Extension Reach 1 Improvements as distinct and separate
from Eastlake Parkway roadway Improvements, to make each traffic signal Improvement a
distinct and separate one, and to update cost estimates to reflect current information
(Attachments 3 and 4). The procedural changes are consistent with other recent
Acquisition/Financing Agreements approved by Council.
5-3-
Page 3, Item-
Meeting Date 4/27/04
The construction costs for Reach 1, which are eligible for CFD 06-1 financing, are substantially
higher than estimated in the original Acquisition/Financing Agreement. The revised estimate is
approximately $1.2 million. Bond counsel therefore recommends that Council approve a Second
Amendment to the Acquisition/Financing Agreement to reflect the higher costs.
Approval of the second resolution approves the form of the Second Amendment to the
AcquisitionlFinancing Agreement. Some of the changes relate to the Poggi Canyon Sewer Trunk
Extension and some do not. The amendment will accomplish the following:
I. Allow the Developer to request the Base Increment payment for any authorized
improvement without setting the final Purchase Price. The Base Increment will equal
75% of the eligible audited costs to construct the improvement. Prior to requesting the
Base Increment, the improvement and all its components must still be substantially
completed.
2. Defer determination of the final Purchase Price of the Improvement to the time at which
the final payment is approved.
3. Increase the cost estimate for the Poggi Canyon Trunk Sewer Extension Reach I and
identify it as a separate Improvement trom the Eastlake Parkway roadway Improvement,
and allow for a separate reimbursement.
4. Identify each traffic signal as a separate and distinct Improvement as illustrated in the
revised Exhibit A of the amended Acquisition/Financing Agreement. Additional traffic
signals have been included in the updated list.
5. Update the Cost Estimates for those Improvements identified in Exhibit A.
FISCAL IMPACT: There is no impact to the General Fund. Council approval of the resolution
approving the Reimbursement Agreement with the Eastlake Company appropriates $1,230,000
from the Trunk Sewer Capital Reserve Fund to a new CIP for Reach 2 of the Poggi Canyon
Trunk Sewer Extension. The revised costs of approximately $1,200,000 for Reach 1 will be
funded frorn CFD 06-1 bond proceeds. All costs related to creating the second amendment to the
AcquisitionlFinancing Agreement for CFD 06-1 will be borne by the developer.
Attachments:
I. Plat of sewer reaches I and 2
2. Chula Vista Municipal Code 3.14.0l0C
3. Surnmary of Changes to the Second Amendment to the Acquisition/Financing Agreement
4. CFD 06-1 AcquisitionlFinancing Agreement and 1st Amendment
Exhibits:
A. Reimbursement Agreement
B. Proposed 2nd Amendment
IIEngineerlAGENDA \CFD 06-1 AF Agreement AM 2 Council Report-revised Lcb.doc
4/22/20049,59,07 AM
5-3
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3.12.010
ATIACHMENT
z
Chapter 3.12
GASTAXSTREET~ROVEMENTFUND*
Sections:
3.12.010
3.12.020
3.12.030
Created.
Moneys payable into fund.
Expenditures.
. For statutory provisions concerning the appointment
of moneys to cities having a special gas tax street
improvement fund, see Streets and Highways Code
§ 2113; for provisions regarding highway user's
funds generally, see Streets and Highways Code
§ 2100, etseq.
3.12.010 Created.
To comply with the provisions of Article 5 of
Chapter 1 of Division I of the Streets and High-
ways Code, with particular reference to the amend-
ments made thereto by Chapter 642, statutes of
1935, there is hereby created in the treasury of the
city a special fund to be known as the "special gas
tax street improvement fund." (Prior code § 2.34).
3.12.020 Moneys payable into fund.
All moneys received by the city from the state
under the provisions of the Streets and Highways
Code for the acquisition of real property or inter-
ests therein for, or the construction, maintenance or
improvement of, streets or highways other than
state highways shall be paid into such fund. (Prior
code § 2.35).
3.12.030 Expenditures.
All moneys in such fund shall be expended
exclusively for the purposes authorized by, and
subject to, all the provisions of Article 5, Chapter
I, Division I of the Streets and Highways Code.
(Prior code § 2.36).
Chapter 3.14
TRUNK SEWER CAPITAL RESERVE FUND
Sections:
3.14.010
Establishment of trunk sewer capital
reserve fund - Uses.
3.14.010 Establishment oftrunk sewer
capital reserve fund - Uses.
A. There is established a fund designated as the
"trunk sewer capital reserve fund."
B. All revenue derived from the sewer capacity
charges (formerly "sewerage facility participation
charges") pursuant to CVMC 13.14.090 shall be
deposited into such trunk sewer capital reserve
fund.
C. The trunk sewer capital reserve fund shall be
used solely for the following purposes, unless the
city council shall by four-fifths vote appropriate
such funds for another purpose; provided, such
other purpose shall be for the planning, design, or
construction of sewage collection or treatment or
water reclamation purposes or incidental thereto:
I. Paying all or any part of the cost and
expense to enlarge sewer facilities ofthe city so as
to enhance efficiency of utilization and/or ade-
quacy of capacity in order to effectively serve the
needs of the city;
2. Paying all or any part of the cost and
expense to plan and/or evaluate any future propos-
als for area-wide sewage treatment and/or water
reclamation systems or facilities. (Ord. 2466 § 2,
1991).
3-4
5-.5
ATTACHMENT
.3
SUMMARY OF CHANGES TO ACQUISITION AGREEMENT
Staff has begun implementing the Acquisition Agreement and recommends, together with
the Developer and bond counsel, the following changes to the Acquisition Agreement:
1: Purchase Price
Staff recommends a change in the timing of the determination of the Purchase
Price of an Improvement consistent with the latest Acquisition Agreement
approved by Council for another developer. The current Acquisition Agreernent
provides that reimbursement for eligible costs of an Improvement may be made in
two increments, the Base Increment (75% of the Purchase Price) and the Retained
Increment (25% of the Purchase Price). The Purchase Price, the amount the
developer may be ultimately reimbursed, is set at the time the Base Increment
payment is made for an Improvement. This is problematic because at the time the
developer is eligible to receive the Base Increment (the Improvement is deemed
substantially complete by the City) not all minor costs may be known and audited.
Under the current Acquisition Agreement, the developer would have two options
for addressing this: (I) delay the request for the Base Increment by several
months until all final costs are known and losing several months interest on that
reimbursement or (2) do not include all eligible costs in the CFD.
In lieu of these options, Eastlake Company has requested that the Purchase Price
be set instead at the time the Retained Increment reimbursement is made when
every final invoice has been paid, punch list items addressed, and "as-builts"
processed among other items. This change would enable Eastlake Company to
request reimbursement in two increments as follows: (I) the Base Increment
which would be limited to 75% of the eligible, audited costs of the Improvement
not to exceed 75% of the estimated cost outlined in the AF Agreement, and (2) the
Retained Increment which would include the 25% of the eligible, audited cost
retained with the Base Increment payment, together with any additional eligible,
audited costs submitted for reimbursement. The Base and Retained Increments
combined would represent the Purchase Price. Substantial completion of the
Improvement would still be required prior to making the Base Increment
reimbursement as well as final completion and acceptance by the City of the
Improvement prior to making the Retained Increment payment.
According to Eastlake Company, this payment schedule will better support its
cash flow management for constructing the CFO roadway improvements such as
Olympic Parkway, Eastlake Parkway, and Otay Lakes Road in accordance with
the aggressive timeline for completing these key transportation facilities
benefiting the community. This is consistent with the latest Acquisition
Agreement approved for other developments.
5-~
2. Sewer Improvement and Cost - Eastlake Parkway
The cost estimate for Eastlake Parkway under the current Acquisition Agreement
does not include the entire cost of the deep sewer line constructed by Eastlake
Company because the sewer alignment was not determined at the time the
Acquisition Agreement was executed. Due to the significant cost of this facility
(estimated at $1.2 million for the reach proposed for acquisition), Best Best and
Krieger, bond counsel for the CFD, recommends amending the AF Agreement to
reflect the additional costs of this improvement. The sewer line that will be
included for acquisition in CFD 061 follows the Eastlake Parkway alignment for
approximately 1500 feet (Reach I on Attachment 1).
In addition, staff recommends the sewer component of the Eastlake Parkway
Improvement be identified as a separate Improvement. The current Acquisition
Agreement provides that for a Base Increment reimbursement for a roadway
Improvement to be made, all of the roadway components such as (i) grading,
including site preparation and mobilization, (ii) wet and dry utilities within the
right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk,
medians, (vi) traffic signals, (vii) lighting, and (viii) all other appurtenant
improvements must be substantially complete. By making the sewer a separate
Improvement, reimbursement for this major sewer line will not be delayed until
substantial completion of the roadway Improvement. Or if there are any issues
related to the sewer outside of the Eastlake Parkway right-of-way, the Eastlake
Parkway reimbursement will not be delayed.
3. Traffic Signals
As defined in the Acquisition Agreement for CFD 061, the Traffic Signal
Improvement includes all traffic signals. For a Base Increment reimbursement for
traffic signals to be made, every traffic signal would need to be substantially
completed. Eastlake Company has requested that each traffic signal be listed as a
separate Improvement to enable reimbursement as each traffic signal is
completed. The Acquisition Agreement also adds additional traffic signals to the
eligible list of improvements.
4. Costs
Eastlake Company has requested that the cost estimates in Exhibit A of the
amended Acquisition Agreement be revised due to more recent and accurate cost
analysis and to identify the estimated costs for each Improvement as amended by
the Second Amendment.
J:IEngineerIAGENDAICFD 061 Attachment 4.doc
5-'1
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Execution Copy
ATTACHMENT ~
ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT, dated as of L !If: I :.:L, 2002, is made and entered into by and
between the CITY OF CHULA VISTA, a charter city duJy organized and valid1y existing under
the Constitution and laws of the State of California, (the "City"), COMMUNITY FACILITIES
DISTRICT NO. 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP), a community
facilities district formed and existing pursuant to the laws of the State of California (the "CFD
No, 06-1") and THE EASTLAKE COMPANY, LLC, a California limited liability company (the
"Developer'}
WHEREAS, the Developer is the master deveJoper of certain property known as the
Woods, Vistas and Land Swap (the "Development Project") within that master planned
community 10cated within the City known as EastLake and Developer has obtained certain land
use entitlements from the City which permit the development of the Development Project; and
WHEREAS, the development of the Development Project pursuant to such land use
entitlements is subject to certain conditions, including but not limited 'to, the requirement that the
Developer construct certain public improvements to serve the DeveJopment Project including the
improvements identified as Improvements Nos. 2 through 8 in Exhibit A attached hereto and
incorporated herein by this reference (the "Development Project Improvements") ; and
WHEREAS, such land use entitlements also describe the threshold of building permits
that may be issued for the Development Project as the result of traffic impacts on roadways
within the City; and
WHEREAS, the City's Growth Management Oversight Committee, in its annual
threshold compliance report, noted that development in the eastern portion of the City which
includes the Development Project was starting to strain the capacity of existing roadways
resulting in added congestion and traffic delays; and
WHEREAS, the City has determined that it is necessary to expedite the construction of
certain traffic enhancement projects, including the Telegraph Canyon Roadway Improvements
defined below (individually, a "Traffic Enhancement Improvement" and collectively, the
"Traffic Enhancement Irnprovements"), located in the eastern part of the City in order to
maintain the City's threshold standard and quality of life until the cornpletion of more of the
overall transportation network in the eastern part of the City; and
WHEREAS, in order for the Developer and the master developers of other properties
located in the City east of the 1-805 freeway to continue to receive building permits beyond the
current thresholds identified in the existing land use entitlements for the Development Project
and other developments in the eastern portion of the City, such developers must contribute to the
financing of the construction of the Traffic Enhancement Improvements; and
WHEREAS, in order to provide for the financing of one of the Traffic Enhancement
Improvements, the Developer, together with certain other master developers (the "Other Master
5-'d
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Execution Copy
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Developers"), have entered into that certain Agreement for the Construction of Roadway
Improvements for Traffic Enhancement (the "Telegraph Canyon Traffic Enhancement
Agreement") made as of , 2002, to establish a system for the financing and
construction of certain improvements to Telegraph Canyon Road identified in the Telegraph
Canyon Traffic Enhancement Agreement (the 'Telegraph Canyon Roadway Improvements");
and .
WHEREAS, the Developer requested that the City consider and the City did consider and
fonn CFD No. 06-1 and designated two improvement areas therein ("Improvement Area 'A'" and
"Improvement Area 'B"', each an "Improvement Area" and collectiveJy the "Improvement
Areas") under the terms and conditions of the "Mello-Roos Community Facilities Act of 1982,"
as amended (Government Code Section 53311 and following) (the "Act"), for the,purpose of
financing the acquisition or construction of the Development Project Improvements and
Developer's fair share of the cost of the acquisition or construction of the Traffic Enhancement
Improvements, together with appurtenances and appurtenant work (the Development Project
Improvements and the Traffic Enhancement Improvements are referred to herein individually as
an "Improvement" or collectively as the "Improvements"); and,
WHEREAS, Developer, in order to proceed in a timely way with development of the
De\'e!opment Project, desires to construct certain of the 'Improvements that will, following the
completion ofthe construction thereof, be acquired, owned, operated and maintained by the City;
and,
WHEREAS, Developer, in order to meet its obligations under the Telegraph Canyon
Traffic Enhancement Agreement and under any future agreement which is mutually agreed to by
the Developer and the City to finance the Developer's share, if any, of cost of the construction of
other Traffic Enhancement Improvements ("Future Traffic Enhancement Agreement" - all
references to "Future Traffic Enhancement Agreement" rnean only an agreement that is mutually
agreed to by the Developer and the City), also desires to finance its Fair Share (as such term is
defined in the Telegraph Canyon Traffic Enhancement Agreement) of the cost of the design of,
grading for and construction of the Telegraph Canyon Roadway Improvements and its fair share
("Additional Fair Share") as established by any Future Traffic Enhancement Agreement which is
mutually agreed to by the Developer and the City of the cost of the construction of any other
Traffic Enhancement Improvements; and,
WHEREAS, the City, CFD No. 06-1 and Developer agree that the Improvements to be
constructed by the Developer may, upon the completion of the construction thereof, be acquired
by the City through financing provided by CFD No, 06-1 at prices determined pursuant to and in
accordance with the provisions of this Agreement; provided, however, (a) if the Developer
constructs any Telegraph Canyon Roadway Improvements only that portion of the cost of
construction of such Telegraph Canyon Roadway Improvernents representing the Developer's
Fair Share of such costs shall be paid pursuant to the terms and conditions of this Agreement and
the reimbursement to the Developer of the costs, if any, of construction of such Telegraph
Canyon Roadway Improvements which are allocable to the Other Master Developers pursuant to
the Telegraph Canyon Traffic Enhancement Agreement shall be governed by the terms and
5-9
Execution Copy
()
, 'conditions thereof and (b) if the Developer constructs any other Traffic Enhancement
Improvement only that portion of the cost of construction of such Traffic Enhancement
Improvement representing the Developer's Future Fair Share of such costs shall be paid pursuant
to the tem1S and conditions of this Agreement and the reimbursement to the Developer of the
costs, if any, of construction of such Traffic Enhancement Improvement which are allocable to
other parties pursuant to a Future Traffic Enhancement Agreement applicable to such Traffic
Enhancement Improvement shall be governed by the tenns and conditions thereof; and,
WHEREAS, except for the reimbursement of (a) the costs of construction of Telegraph
Canyon Roadway Irnprovements constructed by the Developer which are allocable to Other
Master Developers pursuant to the Telegraph Canyon Traffic Enhancement Agreement or (b) the
costs of construction of any other Traffic Enhancement Improvement consÍf4Cted by the
Developer which are allocable to any other party pursuant to a Future Traffic Enhancement
Agreement applicable to such Traffic Enhancement Improvement, the City and the Developer
further agree that payment by the City for the acquisition of the Improvements shall be funded
solely from the proceeds of bonds which shall be issued by CFD No. 06-1 for each Improvement
Area and which shall be secured by the levy of special taxes by CFD No. 06-1 within each such
Improvement Area; and,
WHEREAS, it is the intent of this Agreement that Developer shall be entitled pursuant to
the provisions of this Agreement to be paid for each of the Improvements constructed by the
Developer at the prices as detennined by the City pursuant to this Agreement upon: (a) the sale
and delivery of bonds by CFD No. 06-1 the proceeds of which shall be authorized and designated
to make the payments to acquire such Improvements and (b) the completion of the construction
of each such Improvement; and,
WHEREAS, CFD No. 06-1 is willing to finance the acquisition of and acquire the
Improvements to be constructed by the Developer and to finance the Developer's Fair Share of
the cost of the Telegraph Canyon Roadway Improvements if constructed by a party other than
the Developer subject to the requirements of the Act, the City ofChula Vista Statement of Goals
and Policies Regarding the Establishment of Community Facilities Districts adopted by (he City
Council (the "Goals and Policies"), this Agreement, the Telegraph Canyon Traffic Enhancement
Agreement and any Future Traffic Enhancement Agreement and Developer desires that CFD No.
06-1 so finance the acquisition and acquire such Improvements and finance Developer's Fair
Share of the cost of the Telegraph Canyon Roadway Improvements and Developer's Future Fair
Share, if any, of the cost of other Traffic Enhancement Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION I. Recitals. The above recitals are all true and correct.
SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the
Improvernents (the "Plans and Specifications") and all changes in the Plans and Specifications
necessitated by change orders shall be prepared by the Developer at the Developer's initial
expense, subject to City approval. The costs of acquisition of such Improvements shall include
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/.~' , costs of the preparation of the Plans and Specifications and all related documentation as set forth
J in Section 8 below,
Developer shall not award bids for construction, commence construction or cause
commencement of construction of an Improvement until the Plans and Specifications for such
Improvement have been approved by the City.
SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and
agrees that each Improvement to be acquired from Developer pursuant to this Agreement shall be
designed, bid and constructed
(a)
(b)
(c)
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(d)
(e)
in substantial compliance with the approved Plans and Specifications for such
Improvement;
in a good and workmanlike manner by well-trained adequately supervised
workers;
¡On strict compliance with all governmental and quasi-governmental rules,
regulations, laws, building codes and all requirements of Developer's insurers and
lenders;
free of any known design flaws and defects; and
in cornpliance with the requirements of Exhibit C hereto which is incorporated
herein by this reference.
SECTION 4. Inspection and Acceptance of the Improvements. The construction activities
relating to the Improvements shall be subject at all reasonable times to inspection by authorized
representatives of City. Once an Improvement to be acquired by City is substantially completed
in accordance with the approved Plans and Specifications, then such Improvement shall be
eligible for payment of the Base Increment of the Purchase Price (as defined in Section 8 below)
therefor. .
Prior to acceptance of any Improvement by City for purposes of paying the Retained
Increment (as defined in Section 8 below) of the Purchase Price, the Developer shall provide to
the City Engineer of the City, or his or her designee (the "City Engineer"), the documentation set
forth in this Section 4 and Section 8( c )(ii) below and obtain approval of as-built drawings for the
Improvernent in accordance with the process described below in this Section 4. The engineer of
record for the Improvement ("Engineer of Record") shall file fonn PW-E-1O6 (Request for
Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field
inspector of the City ("Field Inspector") or designee shall issue and transmit to the Engineer of
Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a
punchlist of work to be completed or corrections to work to be completed before the
Improvement will be eligible for payment of the Retained Increment. Within 20 working days of
receipt of the Field Inspector's letter, the Engineer of Record shall prepare redline as-built
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, drawings and submit them, together with any necessary soils reports, to the Field Inspector and
'the Developer shall compJete the items. of work and/or corrections specified in the punchlist.
Within 10 working days of the Engineer of Record's submittal of the red lined as-built drawings,
the Field Inspector shaH review such drawings and provide comments. The Engineer of Record
shall revise the redline as-built drawings per the Field Inspector's comments and resubmit within
10 working days. The Field Inspector shall make his final review within 5 working days of the
Engineer of Record's resubrilittal and notify the Engineer of Record to prepare mylar as-built
drawings and a microfiche copy and submit both to the Public Works Director or his cksignec
and notify the Developer of any punchlist items which remain to be completed. The City and
Developer shall make best efforts to perform within the time periods described above. The
inability of City or Developer to perform within each time period, notwithstanding its best
efforts, shall not constitute a breach of this Agreement.
SECTION 5. Warranty of Improvements. At all times prior to the City's acceptance of an
Improvement, the Developer shall be responsible for maintaining the Improvement, at the
Deve]oper's expense. The Developer shall be obligated for the period of twe]ve (12) months
immediately following the City's acceptance of an Improvement to repair or replace, at
Deve]oper's expense, any defects or failures resulting from the work of Developer, its contractors
or agents, Upon the expiration of such twelve (12) month period, Developer shall assign to City
and CFD No. 06-1 its rights in and to any warranties, guarantees or other evidence of contingent
obligations of third persons with respect to such Improvement. As a condition precedent to the
payment of the Retained Increment (as defined in Section 8 below) of the Purchase Price,
Developer shall post a maintenance bond in a form reasonably approved by the City, cause such
a maintenance bond to be posted, or assign Developer's rights under such a maintenance bond
naming City and/or CFD No, 06-1 as beneficiary in an amount equal to fifteen percent (15%) of
the Purchase Price of the Improvement in order to secure Developer's obligations pursuant to this
Section. Upon posting of such maintenance bond, the City shall release any performance, labor
and material bonds for such Improvement.
SECTION 6. Notice of Cornpletion and Lien Releases. Upon completion of the construction
of an Improvement, Developer shall notify the City Engineer in writing of such completion and
shall prepare and execute a Notice of Completion for such Improvement in the form prescribed
by Section 3093 ofthe California Civil Code and shall record such notice in the Official Records
of the County of San Diego, Developer shall cause its contractors to provide unconditional lien
releases for such Improvement in accordance with Section 3262 of the Civil Code,
Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and
lien releases if City determines that as of the date of payment of the Retained Increment of the
Purchase Price for an Improvement, title to such Irnprovement or portion thereof satisfies the
requirements for Acceptable Title (as hereinafter defined).
SECTION 7. Construction of the Telegraph Canyon Roadway Improvements or other
Traffic Enhancement Improvements. If and to the extent that 'the provisions of the Telegraph
Canyon Traffic Enhancement Agreement or Future Traffic Enhancement Agreement pertaining
to the design, construction, acceptance and warranty of the Telegraph Canyon Roadway
Improvements or any other Traffic Enhancement Improvements conflict with the provisions of
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'this Agreement, the provisions of the Telegraph Canyon Traffic Enhancement Agreement or
Future Traffic Enhancement Agreement, as applicable, shall prevail over the conflicting
provisions of this Agreement.
SECTION 8. Payment of Purchase Price.
(a) Amount of Purchase Price. The amount to be paid by City for the Improvements to be
constructed by and acquired from Developer (the "Purchase Price") shall, as to each such
Improvement, (i) be determined by City in accordance with the provisions of this Section 8, (ii)
equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of
eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described
in Section II (a), and (v) include all other costs of construction and incidental costs eligible
under the Act and the Goals and Policies as a part of the cost of the Improvements; provided,
however, the Purchase Price to be paid pursuant to this Agreement for (y) any Telegraph Canyon
Roadway Improvements constructed by the Developer shall not exceed the Developer:s Fair
Share of the cost of the construction of such Roadway Improvements determined pursuant to the
provisions of the Traffic Enhancement Agreement or (z) any other Traffic Enhancement
Improvement constructed by Developer shall not exceed the Developer's Future Fair Share of the
cost of construction of such Traffic Enhancement Improvement determined pursuant to the
provisions of the applicable Future Traffic Enhancement Agreement, and provided further that
the aggregate Purchase Price for any Improvement included in the City's Traffic Development
Impact Fee ("TDIF") program shall not exceed the aggregate TDIF obligation for the property
within CFD No. 06-1.
Incidental costs eligible to be included in the Purchase Price of any Improvement shall
include the following:
(i) Usual and customary design and engineering costs not to exceed the following
percentages:
a.
Civil engineering - 7.5% of the cost of the construction of the
Improvement for which the service was performed.
b.
Soils engineering - 15% of the cost of the grading for the Improvement.
c.
Landscape architecture - 10% of the cost of applicable landscaping and
irrigation relating to the Improvement.
d.
Survey and construction staking - 2% of the combined cost of the
èonstruction and grading for the Improvement.
e.
Utility engineering/coordination - 3% of the cost ofthe construction of the
applicable dry utilities.
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(ii) Construction administration and supervision not to exceed, in aggregate. 1.75% of
the total construction cost of the Improvement.
(iii) SpeciaJ engineering studies related to "col1ector" or "transmission" facilities as
reviewed and approved by the Public Works Director.
(iv)
Plan check and inspection fees (less any refunds).
(v)
Capacity or connection fees related soleJy to the Improvement.
(vi) Costs of acquisition of off-site rights-of-way and/or easements including the
fol1owing:
a.
Appraisal and title insurance costs.
b.
Costs of preparing acquisition plats.
c.
The appraised value or actual cost of right-of-way or easement, whichever
is less.
d.
Legal fees and costs related to eminent domain proceedings approved by
the City Attorney.
(vii) Costs of environmental review, permitting and mitigation related to the
Improvement.
In no event shal1 the cost or value of the construction of the Irnprovements be deemed to
exceed the construction contract prices set forth in the contracts and change orders approved by
City ("Approved Change Orders") pursuant to the applicable provisions of Exhibit "c" hereto,
which is incorporated herein by this reference, or otherwise authorized pursuant to this
Agreement-
Notwithstanding the foregoing, the aggregate Purchase Price of the acquisition ofal1 new
utilities to be owned by a public utility or public utilities may not exceed 5% of the proceeds of
the series of the Bonds to be utilized to pay such Purchase Price less that portion of the reserve
fund, costs of issuance and other incidental costs al1ocable to such amount.
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(b) Incremental Payment of Purchase Price of an Improvement other than a Traffic
Enhancement Improvement. The Purchase Price for any Improvement constructed by the
Developer, other than a Traffic 'Enhancement Improvement, shall be payable in not to exceed two
increments: the "Base Increment" which shall be an amount not to exceed 75% of the Purchase
Price for such Improvement and the "Retained Increment" which shall be an amount not to
exceed the remaining, unpaid portion of the Purchase Price for such Improvement determined
pursuant to the provisions of (a) above.
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(c) Requisition for Incremental Payment of Purchase Price of an Improvement other than a
Traffic Enhancement Improvement.
)
(i) Base Increment. The Developer may submit only one (I) written request to the
City Engineer for the payment of the Base Increment for an Improvement, other than a
Traffic Enhancement Improvement, upon the substantial completion of the construction
of such Improvement in accordance with the approved Plans and Specifications. The
criteria for determining "substantial completion" of each such Improvement is described
in Exhibit Band shall mean generally that construction, or work with respect to such
Improvement has progressed to the point where it is sufficientJy complete so that such
Improvement can be utilized for the purpose for which it was intended. Substantial
completion of such an Improvement shall also mean that all components of such
Improvement are substantially complete, e.g., in the case of Improvement including
streets (other than streets included in the Traffic Enhancement Improvements), the
components are described in footnote I to Exhibit A. Each Base Increment payment
request must be in the form attached hereto as Exhibit D-;I, which is incorporated herein
by this reference, and conform to the requirements of (d) below. The request for payment
of the Base Increment for an Improvement shall be accompanied by a copy of the
following docurnents related to the construction of. such Improvement: (I) each
construction contract, (2) each change order, (3) each invoice submitted pursuant to such
construction contracts, (4) evidence of payment of each such invoice such as copies of
cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5)
written conditional lien releases executed by each applicable contractor, subcontractor
and materialman in a form satisfactory to the City Attorney of the City (the "City
Attorney") for such Improvement.
(ii) Retained Increment. The Developer may submit only one (I) written request to
the. City Engineer for the payment of the Retained Increment for an Improvement, other
than a Traffic Enhancement Improvement, in the form attached hereto as Exhibit D - 2,
which is incorporated herein by this reference, upon the submission to the City Engineer
of (1) as-built drawings or other equivalent plans and specifications for such
Improvement in a form reasonably acceptable to the City, (2) evidence that the
Developer has posted a maintenance bond for such Improvement as required by Section 5
hereinabove, (3) evidence of the satisfaction of the requirements of Section 10,
hereinbelow directly related to such Improvement and (4) written unconditional lien
releases from all contractors, subcontractors and materialmen satisfactory to the City
Attorney for such Improvement.
(d) Incremental Payment of Purchase Price of Traffic Enhancement Improvements. The
Purchase Price for any Traffic Enhancement Improvement shall be payable in not to exceed two
.increments: the "Base Increment" which shall be an amount not to exceed 50% of (i) the
Developer's Fair Share of the cost of the construction of such Telegraph Canyon Roadway
Improvement or (ii) the Developer's Future Fair Share of the cost of construction of any other
Traffic Enhancement Improvement, as applicable, and the "Retained Increment" which shall be
an amount not to exceed the remaining, unpaid portion of (y) the Developer's Fair Share of the
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cost of the Telegraph Canyon Roadway Improvement or (z) the Developer"s Future Fair Share of
the cost of any other Traffic Enhancement Improvement, as applicable.
(e) Re uisition for Incrementa] Pa ment of Purchase Price of a Traffic Enhancement
Improvement.
(i) Base Increment. The Developer may submit a written request to the City
Engineer in the form attached hereto as Exhibit D - 3, which is incorporated herein by
this reference, for the payment of all or any portion of the Base Increment for a Traffic
Enhancement Improvement upon the completion of fifty percent (50%) the construction
by the Developer of such Traffic Enhancement Improvement. A Traffic Enhancement
Improvement will be deemed to be 50% complete when the City Engineer has determined
that the Developer has expended an amount equal to 50% of the contract price for such
Traffic Enhancement Improvement.
(ii) Retained Increment. The Developer may submit a written request to the City
Engineer for the payment of the Retained Increment for a Traffic Enhancement
Improvement in the form attached hereto as Exhibit D - 4, which is incorporated herein
by this reference, upon the completion of the construction of such Traffic Enhancement
Improvement and acceptance thereof by the City.
)
(iii) Required Documentation. Any request for payment of the Base Increment,
Retained Increment or any portion thereof of the Purchase Price for a Traffic
Enhancement Improvement constructed by the Developer shall be accompanied by a copy
of the following documents related to the construction of such Traffic Enhancement
Improvement and the payment requested in such request for payment: (I) evidence of
payment of each invoice such as copies of cancelled checks or other evidence of payment
satisfactory to the City Engineer upon which the request for payment is based and (2)
written conditional lien releases executed by each applicable contractor, subcontractor
and materialman in a form satisfactory to the City Attorney.
(I) Documentation. Any payment request submitted by Developer shall be properly
executed and shall include copies of all supporting documents required by subsection (c )(i), (c),.
(d) or (e), as applicable.
(g) Review of Payment Request for an Improvement. The City Engineer or his designee
shall review each payment request and the supporting documentation accompanying such
payment request. If the City Engineer finds that any such payment request is incomplete,
improper or otherwise not suitable for approval, the City Engineer shall inform Developer in
writing within twenty (20) working days after receipt thereof, the reasons for his finding,
Developer shall have the right to respond to this finding by submitting further documentation
after receipt of the denial. The City Engineer shall review any further documentation received
from the Developer in support of a payment request and inform Developer of his approval or
denial of the payment request as supplemented in accordance with this Section within ten (10)
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working days after receipt of the supplemental documentation. A resubmittal of a payment
request shall be deemed a new payment request for purposes of this Section.
Subject to the ]imitations set forth herein, costs incurred under a construction contract for
an Improvement entered into pursuant to the requirements of this Agreement, the Telegraph
Canyon Traffic Enhancement Agreement or a Future Traffic Enhancement Agreement, as
applicable, and Approved Change Orders shall be deemed to be reasonable and, subject to the
other provisions of this Agreement, shall be included in the Purchase Price for such
Improvement.
The City Engineer shall, after the sale of the series of Bonds (defined in Section 20
below) pursuant to Section 20 the proceeds of which are intended to be used to acquire the
subject Improvements and after his or her approval of a payment request, immediately forward a
request to the Director of Finance of the City notifying the Director of Finance of his or her
approval of the payment request and requesting that such payment be made to the appropriate
payee. The Director of Finance shall process any such request of the City Engineer pursuant to
the applicable procedures of the Finance Department and shall make or authorize such payment
pursuant to such procedures and subsection (h) below.
(h)
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(i) Priority of'Paymellt of Cost of Collstructioll or Purchase Price .for
Improvemellts. The City and the Developer acknowledge and agree that the cost of
acquisition or construction of all Improvements may exceed the aggregate amount of the
Bond proceeds which will be available for the payment of that portion of cost of
construction or the Purchase Price, as applicable, for all of such Improvements eligible to
be paid from the proceeds of the Bonds. As a result the City and Developer agree that the
payment of the cost of construction or the Purchase Price, as applicable, for
Improvements shall be prioritized as follows:
Payment.
J
Priority I:
Improvement No. I ("Traffic Enhancement Improvements") in
Exhibit A.
Priority 2:
Improvement Nos. 2-8 in Exhibit A.
The cost of construction or Purchase Price for any lower priority Improvement
shall not be paid until the cost of construction or Purchase Price for all higher priority
Improvements has been paid or if sufficient proceeds of the Bonds are reasonably
determined to be available to fully fund the cost of construction or Purchase Price of the
higher priority Improvements, based upon the estimates of the cost of construction or the
estimates or approved Purchase\\Prices, as applicable, for such higher priority
Improvements on Exhibit A. '\
(ii) Timillg of the Paymellt of the Purchase Price for all Improvement. Subject
to the limitations contained in (i) above and (iii) and (iv) below, the increment of the
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Purchase Price for each Improvement shall be paid to DeveJoper within thirty (30) days
after the date of the City Engipeer's approval of the payment request for any such
increment; provided, however, no Retained Increment for any Improvement other than
Traffic Enhancement Improvements shall be paid earlier than thirty-five (35) days after
the recording of a Notice of Completion for such Improvement.
(iii) Source of Paymellt. The Purchase Price or any increment thereof for an
Improvement shall be payable to the Developer solely from those proceeds ("EJigible
Improvement Proceeds") of the sale of that series of Bonds as provided in Section 20
hereof authorized and designated for the payment for such Improvement, after all costs of
formation of CFD No. 06-1 and all costs of issuance of such Bonds have been paid and
deposits of accrued and capitalized interest to the redemption fund and the injtial deposit
to the reserve fund have been made. '
)
(iv) Withholdillg of Paymellt. In addition to the foregoing, the City shall have the
right to withhold payment of the Purchase Price or any increment thereof of any
Improvement if (a) the Developer is delinquent in the payment of any assessment
installments or special taxes levied by the City or a community facilities district
established by the City on properties then owned by the Developer within CFD No. 06-1,
(b) the City Engineer reasonabJy determines that the Developer is not then in substantial
compliance with all applicable conditions and obligations imposed upon the Developer
hereunder or upon the Development pursuant to the land use entitlements approved by the
City for the Development, including but not limited to, payment of all applicable fees,
dedication of all applicable rights-of-way or other property and construction of all
applicable public improvements. The City Engineer shall provide written notice to the
Developer of the decision to withhold any such payment and shall specifY the reason for
such decision. If the payment is withheld as a result of the delinquency in the payment of
assessment installments or special taxes, the notice shall identity the delinquent parcels
and the amount of such delinquency. If the payment is withheld as a result of substantial
non-compliance with a condition or obligation, the notice shall specifY such condition or
obligation and what action will be necessary by the Developer to substantially comply
with such condition or obligation. Upon receipt by the City Engineer of evidence
reasonably satisfactory to the City Engineer of the payment of the delinquent special
taxes or assessments or upon the determination by the City Engineer that the Developer
has substantially complied with the subject condition or obligation, the City shall
forthwith make any payment which has been withheld pursuant to the provisions of this
paragraph.
SECTION 9. Financing of Developer's Fair Share or Future Fair Share.
(a)
Financing Developer's Fair Share of Telegraph Canyon Roadway Improvements.
(i) Telegraph CallYOIl Roadway ImprOl'el1lellt ACCOUllt. Subject to adjustment as
provided for in the following paragraph, a portion of the proceeds of the Bonds in an amount
equal to the Developer's Fair Share, currently estimated to be $1,000,000 shall be deposited in a
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, ~eparate account (the "Telegraph Canyon Roadway Improvement Account") to be established
pursuant to the bond indenture setting forth the terms and conditions pursuant to which the
Bonds shall be issued and sold (the "Bond Indenture"). Pursuant to the requirements of this
Section 9(a), the City may from time to time authorize the disbursement of funds on deposit in
the Telegraph Canyon Roadway Improvement Account to pay for the acquisition or construction
of the Telegraph Canyon Roadway Improvements in accordance with the provision hereof and
the Telegraph Canyon Traffic Enhancement Agreement.
)
(ii) Adjustment of Developer's Fair Share. The Developer's Fair Share is subject to
adjustment pursuant to the terms of the Telegraph Canyon Traffic Enhancement Agreement. If
the Fair Share specified in the preceding paragraph is modified pursuant to the Telegraph Canyon
Traffic Enhancement Agreement subsequent to the issuance of the Bonds, the portion of the
proceeds of the Bonds deposited .in the Telegraph Canyon Roadway Improvement Account shall
be increased or reduced, as applicable, to equal the Fair Share as modified. If the Fair Share is
modified so that the amount on deposit in the Telegraph Canyon Roadway Improvement
Account then exceeds the Fair Share as modified, the City shall authorize the release of such
excess amount from the Telegraph Canyon Roadway Improvement Account and the transfer of
such amount therefrom pursuant to the provisions of the Bond Indenture. If the Fair Share is
modified so that the amount on deposit in the Telegraph Canyon Roadway Improvement
Account, together with all prior disbursements from the Telegraph Canyon Roadway
Improvement Account to pay Developer's Fair Share of the cost of construction of the Telegraph
Canyon Roadway Improvements, is then less than the Fair Share .as modified, the City shall
notify the Developer in writing of such deficit and request that the Developer deposit funds in the
amount of such deficit with Director of Finance within fifteen (15) business days of the date of
such notice. If the Developer fails to deposit such funds with such time period, the City may
authorize the transfer of an amount equal to such deficit iTom Eligible Improvement Proceeds to
the Telegraph Canyon Roadway Improvement Account.
(iii) Construction of Telegraph Canyon Roadway Improvements by Party Other
thaI! Developer. If the Telegraph Canyon Roadway Improvements are constructed pursuant to
the Telegraph Canyon Traffic Enhancement Agreement by a party other than the Developer, the
City may request pursuant to the Telegraph Canyon Traffic Enhancement Agreernent that the
Fiscal Agent disburse funds iTom the Telegraph Canyon Roadway Improvement Account to pay
Developer's Fair Share of the cost of construction of the Telegraph Canyon Roadway
Improvements pursuant to the Traffic Enhancement Agreement.
(iv) Surplus Funds. If funds remain on deposit in the Telegraph Canyon Roadway
Improvement Account upon completion of the construction or acquisition of Telegraph Canyon
Roadway Improvements and the paymeI)t of Developer's final Fair Share amount, such funds
shall be released from the reservation established pursuant to this Section 9(a) and such funds
shall be made available to pay the Purchase Price of other Improvements.
In the event that the City elects not to require the construction or acquisition of all or
some portion of the Telegraph Canyon Roadway Improvements, the funds then on deposit in the
Telegraph Canyon Roadway Improvement Account and not then allocated or necessary to pay
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Developer's Fair Share of the costs of the acquisition or construction of Telegraph Canyon
Roadway Improvements shall be released from the reservation established pursuant to this
Section 9(a) and such funds shall be made avai1able to pay the Purchase Price of other
Improvements.
(v) Limitatioll 011 Use of Fullds ill Telegraph CallYOII Roadway Improvemellt
Accoullt. Except as provided in this Section 9(a), funds on deposit in the Telegraph Canyon
Roadway Improvement Account may not be utilized to pay all or any portion of the Purchase
Price of any other Improvements.
(vi) Illvestment of Fullds Oil Deposit ill Telegraph Callyoll Roadway Improvemellt
Account. The Bond Indenture shall provide that all funds on deposit in the Telegraph Canyon
Roadway Improvement Account shall be invested in such permitted investments as may be
established by the terms of the Bond Indenture. All earnings on such investments shall be
deposited in the improvement fund established by the Bond Indenture and shall be available to
pay for the acquisition or construction of the Irnprovements pursuant to the terms of such Bond
Indenture and this Agreement.
(b)
Financing Developer's Future Fair Share of other Traffic Enhancement Improvements.
(i) Traffic Enhallcement Improvemellt Account. Subject to adjustment as provided
for in the following paragraph, a portion of the proceeds of the Bonds in an amount equal to the
Developer's Future Fair Share of the cost of the acquisition or construction of other Traffic
Enhancement Improvements may be deposited in the Traffic Enhancement Improvement
Account. Pursuant to the requirements of this Section 9(b), the City may ITom time to time
authorize the disbursement of funds on deposit in the Traffic Enhancement Improvement
Account to pay for the acquisition or construction of other Traffic Enhancement Improvements
in accordance with the provision hereof and the Future Traffic Enhancement Agreement.
(ii) Adjustment of Developer's Future Fair Share. The Developer's Future Fair
Share is subject to adjustment pursuant to the terms of the Future Traffic Enhancement
Agreement. If the Future Fair Share specified in the preœding paragraph is modified pursuant to
the Future Traffic Enhancement Agreement subsequent to the issuance of the Bonds, the portion
of the proceeds of the Bonds deposited in the Traffic Enhancement Improvement Account shall
be increased or reduced, as applicable, to equal the Future Fair Share as modified. If the Future
Fair Share is modified so that the amount on deposit in the Traffic Enhancement Improvement
Account then exceeds the Future Fair Share as modified, the City shall authorize the release of
such excess amount from the Traffic Enhancement Improvement Account and the transfer of
such amount therefrom pursuant to the provisions of the Bond Indenture. If the Future Fair Share
is modified so that the amount on deposit in the Traffic Enhancement Improvement Account,
together with all prior disbursements ITom the Traffic Enhancement Improvement Account to
pay Developer's Future Fair Share of the cost of construction of other Traffic Enhancement
Improvements, is then less than the Future Fair Share as modified, the City shall notify the
Developer in writing of such deficit and request that the Developer deposit funds in the amount
of such deficit with Director of Finance within fifteen (15) business days of the date of such
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;,',)" " . 'notice. If the Developer fails to deposit such funds with such time period, the City may authorize
the transfer of an amount equal to such deficit from Eligible Improvement Proceeds to the Traffic
Enhancement Improvement Account.
(iii) Collstructioll of Telegraph Callyoll Roadway Improvemellts by Party Other
thull Developer. If other Traffic Enhancement Improvements are constructed pursuant to the
Future Traffic Enhancement Agreement by a party other than the Developer, the City may
request pursuant to the Future Traffic Enhancement Agreement that the Fiscal Agent disburse
funds from the Traffic Enhancement Improvement Account to pay Developer's Future Fair Share
of the cost of construction of other Traffic Enhancement Improvements pursuant to the Future
Traffic Enhancement Agreement.
(iv) Surplus Fullds. If funds remain on deposit in the Traffic Enhancement
Improvement Account upon completion of the construction or acquisition of Te1egraph Canyon
Roadway Improvements and the payment of Developer's final Future Fair Share amoun,t, such
funds shall be released from the reservation established pursuant to this Section 9(b) and such
funds shall be made available to pay the Purchase Price of other Improvements.
In the event that the City elects not to require the construction or acquisition of all or
some portion of other Traffic Enhancement Improvements, the funds then on deposit in the
Traffic Enhancement Improvement Account and not then allocated or necessary to pay
Developer's Future Fair Share of the costs of the acquisition or construction of Telegraph
Canyon Roadway Improvements shall be released from the reservation established pursuant to
this Section 9(b) and such funds shall be made available to pay the Purchase Price of other
Improvements,
SECTION la,Audit. The authorized representatives of City shall have the right, upon two (2)
days prior written notice to Developer and during nonnal business hours, to review all books and
records of Developer pertaining to costs and expenses incurred by Developer in construction of
the Improvements.
SECTION I I, Ownership and Transfer of Improvements. The conveyance of the
Improvements by Developer to City shall be in accordance with the following procedures:
(a)
Improvements Constructed on Land not Owned by City. As a condition to the payment
of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable
offer of dedication to be made to City or an outright grant of a fee interest or easement
interest as appropriate, in the sole discretion of the City of the appropriate right, title and
interest in and to the portion of the applicable property owned by the Developer related to
the applicable Improvement, including any temporary construction or access easements.
Developer, whether or not it is the entity constructing the Improvements, agrees to
execute and deliver to the City the documents required to cornplete the transfer of
Acceptable Title for property owned by the Developer upon or within which such
Improvements are to be located. For purposes of this Agreement, the tenn "Acceptable
Title" shall mean title to the portion of the property to be conveyed free and clear of all
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taxes, liens, encumbrances, assessments, easements, leases, whether any such item is
recorded or unrecorded, except (i) non-delinquent taxes and assessments and (ii) those
non-monetary encumbrances and easements which are reasonably determined by the City
not to interfere with the intended use of the portion of the property. As a further
condition to the payment of the Retained Increment of the Purchase Price for any
Improvement, Developer at its sole initial cost and expense, subject to reimbursement
pursuant to Section 8, shall cause to be issued a policy of title insurance for such portion
of the property in an amount not to exceed the Purchase Price and in the form normally
required by City in connection with the dedication of land for subdivision improvements
and containing such title endorsements as may be reasonably requested by City. City's
final acceptance of the portion of the property and the Improvements constructed thereon
shall not be unreasonably withheld or delayed.
(b)
Improvements Constructed on Land Owned by City. If Developer is authorized to
construct an Improvement on land owned in fee by City or on land over which the City
owns an easement Developer shall obtain the necessary encroachment permits to enter
such land for purposes of constructing such Improvement.. City shall cooperate with
Developer in issuing such encroachment permits. The Improvements shall be inspected
by City on an ongoing basis.
SECTION 12. Grading and Subdivision Improvement Bonds. Except as provided below or as
may be provided in the Traffic Enhancement Agreement or any Future Traffic Enhancement
Agreement, Developer shall be required to post or cause the posting of bonds or other security
acceptable to the City to guarantee completion of the Improvements in accordance with City's
standard subdivision requirements and conditions of approval of the Development (the
"Conditions of Approval"). Labor and materials bonds shall also be required to be provided by
the Developer's contractor for all Improvements to be constructed under this agreement. Such
bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the
final acceptance of the Improvements by the City Engineer. The presence of Bond proceeds shan
not relieve the Developer of requiring this obligation of the Developer's contractor.
Performance and labor and material bonds for specific Improvements shall not be
required or may be released if: (1) such Improvements constitute a portion of the required
subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or
acquire such Improvements are available and set aside for such purpose, and (3) the
Improvements are to be constructed or acquired entirely with the proceeds of the Bonds.
Provided that conditions (I) and (2) are satisfied, if an Improvement is to be constructed or
acquired only in part with the proceeds of the Bonds, performance and labor and material bonds
shan not be required for that portion of the Improvements to be so constructed or acquired except
with respect to the portion that will not be acquired or constructed with Bond proceeds. In the
event that the Bond proceeds that are available and may be set aside to fund the cost to construct
or acquire an Improvement are less than 125% of the estimated cöst thereof, the Developer shall
be required to provide a performance and labor and material bond or other security satisfactory to
the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate
with Developer in the termination or exoneration of any performance and Jabor and mate¡ial
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bonds assuring completion of Improvements for which bonds have been sold. The City Engineer
shall be the sole judge of determining release of such bonds.
SECTION 13. Indemnification by Developer. Developer shall defend, indemnify and hold
harmless City, its officers, directors, employees and agents, and CFD No. 06-1, its officers,
directors, employees and agents from and against any and all claims, losses, liabilities, damages,
including court costs and reasonable attorneys' fees by reason of, or resuJting fi-om, or arising out
of the design, engineering and construction of the Improvements by the Developer, its
employees, agents, independent contractors and/or representatives; provided that any claims
which relate to the Improvements shall be limited to those arising out of personal injury or
property damage caused by actions or omissions by Developer or Developer's employees, agents,
independent contractors or representatives which occun-ed during the period prior t¡ythe transfer
of title to the Improvements by City, whether or not a claim is filed prior to the date of
acceptance of the Improvements. Nothing in this Section 13 shall limit in any manner the rights
of the City and/or CFD No. 06-1 against any of the architects, engineers, contractors or other
consultants employed by the Developer which has performed work in connection with
construction or financing of the Improvements. Notwithstanding the'foregoing, Developer shall
have no obligation to defend, indemnify or hold harmless the City, its officers, directors,
employees and agents, CFD No. 06-1, its officers, directors, employees and agents, from and
against any claims, liabilities, losses or damages (including court costs and attorneys' fees)
which resuJt from or arise out of the sole negligence or willful rnisconduct of the City, its
officers, directors, employees, or agents, or CFD No. 06-1, its officers, directors, empJoyees, or
agents.
Except as set forth in this Section 13, no provision of this Agreement shall in any way
limit the extent of the responsibility of Developer for payment of damages resulting from the
operations of the Developer, its agents, employees or contractors.
SECTION 14. Obligation of City and CFD No. 06-1. Neither the City nor CFD No. 06-1 has a
legal or financial obligation to construct or finance the actual construction of the Improvements.
Except with respect to any portion of the cost of the construction by the Developer of the Trame
Enhancement Improvements above an amount equal to the Developer's Fair Share or Fu(me I'air
Share which is reimbursable pursuant to the Traffic Enhancement Agreement or a Future Traffic
Enhancement Agreement, all costs incun-ed for actual construction of the Improvements,
including all incidentals thereto, shall be borne by Developer, and the obligations ofthe City and
Community Facilities District are limited to the acquisition of the Improvements pursuant to the
provisions of this Agreement.
SECTION 15. Failure by Developer to Construct Improvements.
(a) Improvements Other Than Traffic Enhancernent Improvements. At any time
following commencernent of the construction 'of any Improvements, other than Traffic
Enhancement Improvements, by Developer City determines that such construction is not
progressing within a reasonable time in accordance with the Conditions of Approval or the
Developer fails to demonstrate a continuing ability to complete the construction of such
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Improvement in accordance with the Conditions of Approval, the City may give written notice of
such failure of performance to the Developer. Developer shall have sixty (60) days ITOm the date
of receipt of such notice to either (i) cure such failure of performance by demonstrating to the
satisfaction of the City during such cure period reasonable progress in the construction of the
Improvement and a continuing ability to complete the construction of such Improvement in
accordance with the Conditions of Approval or (ii) reasonably demonstrate that such failure of
performance is due to circumstances or conditions beyond Developer's reasonable control
("Force Majeure") including, without limitation, the City's actions, omissions or inaction which
result in a delay of performance by Developer, labor disputes, acts of God, war, riots,
insurrections, civil commotions, moratoriums, inability to obtain labor or materials or reasonable
substitutes for either, fire, unusual delay in transportation, and adverse 'weather conditions.
Should Developer fail to reasonably demonstrate such reasonable progress or such continuing
ability to complete the construction of such Improvement or Force Majeure. the obligation of the
City to pay the Purchase Price for the acquisition of such Improvement pursuant to this
agreement may be terminated by the City by providing ten (10) days written notice. to the
Developer, Upon termination, the City may in its sole discretion then proceed to advertise and
bid the balance of the construction of such Improvement, and there will be no further obligation
on the part of the City for payment of the Purchase Price for such Improvement due to Developer
pursuant to this Agreement.
In the event that the City chooses not to advertise and bid the balance of the construction
of any such Improvement following such a termination, any. monies remaining in the
improvement fund for CFD No. 06-1 and set aside for the acquisition of such Improvement shall
be transferred to the redemption fund for CFD No. 06-1 and used to call outstanding Bonds.
(b) Traffic Enhancement Improvements. Any delay in the construction by the
Developer of the Telegraph Canyon Roadway Improvements shall be subject to and governed by
the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Any delay in the
construction by the Developer of any other Traffic Enhancement Improvement shall be subject to
and governed by the provisions of the applicable Future Traffic Enhancement Agreement.
SECTION 16. Agreement Contingent. As a precondition to the sale of each series of the Bonds
of CFD No. 06-1, Developer shall pay in cash to City an origination charge of 1.0% of the
amount of the principal amount of such series of the Bonds ("Origination Payment"). Each such
Origination Payment shall be at Developer's own expense and not recoverable ITom the proceeds
of the special taxes or from the proceeds of the Bonds. In the event that any series of the Bonds
are, for any reason, not sold, the amount of the Origination Payment made for such series of the
Bonds shall be returned to the Developer.
This Agreement is contingent upon the successful sale of Bonds, and it shall be null and
void if the first series of Bonds are not sold within a three (3) year period following the date of
this Agreement, or any mutually agreed extension; however, this time can be extended by request
of the Developer and concurrence of the legislative body.
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The City may, at its option, suspend the performance of its obligations under this
Agreement if any ]ega] challenge is filed reJating to the' validity or enforceability of this
Agreement, CFD No. 06-1 proceedings or the issuance of the Bonds. The obligations of the City
and CFD No, 06-1 hereunder shall be reinstated upon the entry of a final judgment in any such
proceedings upholding the validity and enforceability of the Agreement, CFD No. 06-1
proceedings and the issuance of the Bonds. In the event that a final judgment or other final and
non-appealable resolution is entered invalidating or declaring unenforceable this Agreement,
CFD No. 06-1 proceedings or the issuance of the Bonds, the City and CFD No. 06-1 may, at their
option, terminate this Agreement.
SECTION 17. Notice of Special Tax. Developer, or the successor or assigns of the Developer,
shall provide written notice to all potential purchasers of lots in the form required-pursuant to
Government Code Section 53341.5 and/or such additional requirements as may be established by
the City so advising the potential owner of the fact of CFD No. 06-1, with said document being
executed by the potentia] purchaser. Such notice shall be provided to the potential purchaser a
reasonable time before the potential purchaser becomes contractually committed to purchase the
lot so that the potential purchaser may knowingly consider the impact of the special tax in the
decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be
sent to the City Engineer.
SECTION 18. Limitation of Aggregate Taxes and Assessments.
(a) Sales of Owner-occupied Residential Dwelling Units, Developer acknowledges that
Developer has included in all existing agreements to sell all or any portion of the property to any
person or entity for the purpose of constructing and marketing owner-occupied residential
dwelling units (a "Builder.') and Developer agrees to include in any such future agreement
provisions requiring the inclusion of the following "escrow instructions" in all sales, by such
Builder of owner-occupied residential dwelling urnts to residential horne owners:
(I) At or prior to the close of each such escrow with a residential homeowner, the
escrow company shall apply a "calculation formula" previously approved by the City Engineer
and deposited with the escrow company by the Builder to determine the aggregate of all a¡mual
ad valorem property taxes, all special taxes authorized to be levied to finance the construction or
acquisition of public facilities and all assessment installments authorized to be levied to finance
the construction or acquisition of public facilities (the "Total Annual Taxes and Assessments")
applicable to the parcel subject to such escrow (the "Applicable Parcel").
(2) If the Total Annual Taxes and Assessments exceed 2% of the sales price of the
Applicable Parcel, the Escrow Company will make immediate written demand upon the Builder
for deposit into the escrow of the funds necessary to partially prepay the special tax obligation
,for CFD No. 06-1 or any other community facilities district so that the Total Annual Taxes and
Assessrnents will thereafter be equal to or less than 2% of the' sales price of the Applicable
Parcel. Such funds must be received by the escrow company prior to the close of escrow of the
sale of the Applicable Parcel. If the Builder elects to prepay a portion of the CFD No. 06-1
special tax obligation, the calculation of this prepayment amount shall be in accordance with the
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, method of prepayment of special tax as set forth in the rate and method of apportionment of
special taxes approved by the qualified electors of CFD No. 06-1. Upon cJosing of such escrow,
the amount so deposited by the Builder pursuant to this escrow instruction shall be sent by the
escrow company to the Director of Finance, together with written instructions that such amount
is to be (i) used to partially prepay the special tax obligation of the Applicable Parcel for CFD
No. 06-1 or (ii) sent to the public agency which formed the community facilities district for
which the special tax obligation has been prepaid with similar written instructions.
(3) The provisions of this Section l8(a) related to sales by Builders to residential
homeowners shall also apply to any sale by Developer of a parcel to a residential home owner.
(b)
Sales of Custom Home Parcels.
(I) At or prior to the close of the escrow for the sale by the Developer or the
Developer's successor or assigns of a parcel on which a custom home is proposed to be built (a
"Custom Home Parcel"), the escrow company shall apply a "calculation formula" previously
approved by the City Engineer and deposited with the escrow company by the Developer or the
Developer's successor or assigns to determine the aggregate of all annual ad valorem property
taxes, all special taxes authorized to be levied to finance the construction or acquisition of public
facilities and all assessment installments authorized to be levied to finance the construction or
acquisition of public facilities (the "Total Annual Taxes and Assessments") applicable to such
Custom Home Parcel.
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(2) If the Total Annual Taxes and Assessments exceed 2% of the sales price of the
Custom Home Parcel plus the Assumed Cost of Construction (defined below) (collectively, the
"Custom Home Parcel Sales Price"), the Escrow Company will make immediate written demand
upon the Developer, its successor or assign for deposit into the escrow of the funds necessary to
partially prepay the special tax obligation for CFD No. 06-1 or any other community facilities
district so that the Total Annual Taxes and Assessments will thereafter be equal to or less than
2% of the Custom Home Parcel Sales Price for the applicable Custom Horne Parcel. The
Assumed Construction Cost shall be established by the City Engineer assuming the construction.
of a 3,200 square foot home at a cost of construction per square foot determined by the City
Engineer after consultation with the Developer and the Planning and Building Department of the
City. Such funds must be received by the escrow company prior to the close of escrow of the sale
of the applicable Custom Home Parcel. If the Developer elects to prepay in portion of the CFD
No. 06-1 special tax obligation, the calculation ofÌhis prepayment amount shall be in accordance
with the method of prepayment of special tax as set forth in the rate and method of
apportionment of special taxes approved by the qualified electors of CFD No. 06-1. Upon cJosing
of such escrow, the amount so deposited by the Developer pursuant to this escrow instruction
shall be sent by the escrow company to the Director of Finance, together with written instructions
that such amount is to be (i) used to partially prepay the special tax obligation of the applicable
Custom Home Parcel for CFD No. 06-1 or (ii) sent to the public agency which formed the
community facilities district for whièh the special tax obligation has been prepaid with similar
written instructions.
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(c) Remedy. The purchaser of any Applicable Parcel or Custom Home Parcel to which the
provisions of this Section 18 apply shall be deemed to be a third party beneficiary of Section 18.
In addition to any other remedy provided for by law or in equity, such purchaser or the City may
enforce the provisions of this Section 18 by an action for specific performance or injunctive relief
or both.
SECTION 19. Relationship to Public Works. This Agreement is for the construction and
acquisition of certain Improvements by City and the sale of the Bonds for the payment of
construction and acquisition costs for such Improvements and such other amounts as are herein
provided, and is not intended to be a public works contract. In performing its obligations under
this Agreement, Developer is an independent contractor and not the agent of City. City shall
have no responsibility for payment to any contractor or supplier of Developer. Nonyithstanding
the foregoing, Developer may be subject to certain public contract requirements as provided in
Section 3 of this Agreement.
SECTION 20. Sale of Bonds. CFD No. 06-1 shall, immediately upon the execution of this
Agreement by the parties hereto, proceed with the issuance and sale.ofbonds for Improvement
Area A (the "Improvement Area A Bonds") secured by the levy of special taxes within
Improvement Area A. CFD No. 06-1 shall, immediately upon receipt of a written request from
the DeveIoper, proceed with the issuance and sale of bonds for Improvement Area B (the
"Improvement Area B Bonds" and together with the Improvement Area A Bonds, the "Bonds")
secured by the levy of special taxes within Improvement Area B. Each series of Bonds shall be
sized so that as of the date of issuance of such series of Bonds the aggregate appraised value of
all taxable properties within the Improvement Area for which the Bonds are being issued shall be
at least 4 times the Land Secured Debt (defined below) allocable to such properties, (ii) the
appraised value of each property to be developed for which a final subdivision map has not been
recorded shall be at least four (4) times the Land Secured Debt allocable to each such property
and (iii) the appraised value of each taxable property within such Improvement Area shall be at
least three (3) times the Land Secured Debt allocable to each such property. "Land Secured
Debt" means as to any taxable property, the principal amount of all outstanding Bonds allocable
to such property, together with the principal amount of any other indebtedness of any other
community facilities district secured by the levy of special taxes which is allocable to such parcel
and the principal amount of any fixed lien assessment levied against such property. The
appraised value of taxable property for purposes of this paragraph shall be determined by an
independent appraisal undertaken for the City utilizing appraisal assumptions approved by the
City and, as to each subsequent series of the Bonds, consistent with the applicable parity bonds
requirements. The City may, in its sole discretion, accept a lower ratio of appraised value to Land
Secured Debt or accept a form or forms of credit enhancement such as a letter of credit, cash
deposit, Bond insurance or the escrow of Bond proceeds to offset a deficiency in the required
value-to-debt ratio.
The proceeds of each series of the Bonds shall be used in the following priority to (i) fund
a reserve fund for the payment of principal and interest with respect to such Bonds; (ii) fund
capitalized interest on such Bonds in an amount not to exceed the amount required to pay interest
on such series of the Bonds until sufficient special taxes of the applicable Improvement Area
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may be placed on the tax roll to pay the scheduled debt service on such series of the Bonds; (iii)
pay for costs of issuance of such series of the Bonds including, without limitation, underwriter's
discount, bond counsel fees, printing, and paying agent fees; (iv) pay for that portion of the costs
of forming CFD No. 06-1 allocable to the Improvement Area for which the Bonds have been
issued, including reimbursement of advances of funds to the City by Developer and the
Developer's legal, engineering and financial consulting expenses incurred relating to the
formation ofCFD No. 06-1 and issuance of the Bonds; and (v) pay the portion of the costs of the
construction or acquisition of the Improvements allocable to the Improvement Area for which the
Bonds have been issued pursuant to the provisions of this Agreement and consistent with the
priorities set forth herein.
The timing of the issuance and sale of each series of the Bonds shall be determined solely
by the City, Additionally, the terms and conditions upon which each series of the Bonds shall be
issued and sold, the method of sale of each series of the Bonds and the pricing thereof shall be
determined solely by the City and shall conform to the Goals and Policies and this Agreement.
The sale of each series of the Bonds shall be subject to receipt by the City of a competitively bid
or negotiated bond purchase agreement which is acceptable to the City.
The amount of each series of the Bonds to be issued shall be determined in accordance
with the Goals and Policies such that the maximum projected annual special tax revenues
securing such series of the Bonds equals at least 110% of the projected annual gross debt service
on all of the outstanding Bonds of such series.
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Developer agrees to provide all information regarding the development of the property
within the Improvement Area for which a series of Bonds is proposed to be issued, including the
financing plan for such development, which are necessary to ensure that the official statement for
such Bonds complies with the requirements of Rule l5c2-l2 of the Securities and Exchange
Commission (the "Rule'.) and all other applicable federal and state securities laws. Additionally,
Developer agrees to enter into a continuing disclosure agreement to provide such continuing
disclosure pertaining to the Community Facilities District, the development thereof and the
Developer as necessary to ensure ongoing compliance with the continuing disclosure
requirements of the Rule. Finally, Developer agrees to cause its counsel to provide an opinion of
such counsel in a form satisfactory to the underwriter of such series of the Bonds and
underwriter's counselor disclosure counsel, as applicable.
SECTION 21. Development Impact Fee Credit, Payment and Reimbursement. The
Improvements include public facilities that are included in several City development impact fee
programs (each, a "DIP Program"). Credits against the applicable DIP Program fees shall be
granted in accordance with the applicable City ordinances, regulations and policies.
SECTION 22. Conflict with Other Agreements. Except as specifically provided herein,
nothing contained herein shall be construed as releasing Developer from any condition of
development or requirement imposed by any other agreement with City.
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. . SECTION 23. General Standard of Reasonableness. Any provision of this Agreement which
requires the consent, approval, discretipn or acceptance of any party hereto or any of their
respective employees, officers or agents shall be deemed to require that such consent, approval or
acceptance not be unreasonabJy withheld or delayed, unless such provision expressly
incorporates a different standard.
SECTION 24. Entire Agreement; Amendment. This Agreement and the agreements expressly
refeITed to herein contains all of the agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or understandings, oral or written,
pertaining to any such matters shall be effective for any purpose. No provision of this
Agreement may be modified, waiver, amended or added to except by a writing signed by the
party against which the enforcement of such modification, waiver, amendment or addition is or
may be sought.
SECTION 25. Notices. Any notice, payment or instrument required or pennitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two (72) hours following deposit of the same in any United
States Post Office in California, registered or certified, postage prepaid, addressed as follows:
Developer:
The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: William Ostrem
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Manager
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party.
SECTION 26. Severability. If any provision of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
SECTION 27. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or
obligations hereunder except upon written notice to City within ten (10) days of the date of such
assignment indicating thé name and address of the assignee. Upon such. notice and the
assumption by the assignee of the rights, duties and obligations of the Developer arising under or
from this Agreement, Developer shall be released by City from .all future duties or obligations
rising under or :trom this Agreement. Notwithstanding the preceding sentence, Developer may
assign its rights and obligations hereunder as security to lenders for the purpose of obtaining
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. ìoans to finance development within CFD No. 06-1, but no such assignment shall release
Developer from its obligations hereunder.to City.
SECTION 28. Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California, Additionally,
this Agreement and the construction of the Improvements shall be subject to all City ordinances
and regulations relating to the requirement of improvement agreements, land division,
improvement security or other applicable development requirements.
SECTION 29. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by any other party, or the failure by a party to exercise its rights
under the default of any other party, shall not constitute a waiver of such party's right to insist
and demand strict compliance by any other party with the terms of this Agreement thereafter.
SECTION 30. Singular and Plural; Gender. As used herein, the singular of any work includes
the plural, and terms in the masculine gender shall include the feminine.
SECTION 31. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
SECTION 32. Construction of Agreement. This Agreement has been reviewed by legal counsel
for both the City and the Developer and shall be deemed for all purposes to have been jointly
drafted by the City and the Developer. No presumption or rule that ambiguities shall be
construed against the drafting party shall apply to the interpretation or enforcement of this
Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or against any party and
consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder.
The captions of the sections and subsections of this Agreement are for convenience only and
shall not be considered or referred to in resolving questions of construction.
SECTION 33. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
SECTION 34. Authority of Signatories. Each signatory and party hereto hereby represents and
warrants to the other party that it has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to
enable such party to enter into this Agreement.
[End of page. Next page is signature page.]
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Signature Page to
AcquisitionlFinancing Agreement by and between
the City of Chula Vista and The EastLake Company, LLC,
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
OF CHULA VISTA
MA OR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
APPROVED AS TO FORM:
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CITY CLERK «
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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JOHN KAHENY, CITY"ATTORNEY
CITY OF CHULA VISTA
STATE OF CALIFORNIA
"DEVELOPER"
THE EASTLAKE COMPANY, LLC, a
California limited liability company
By:
Its:
By:
Its:
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Exhibit "A"
ACQUISITION AND FINANCING AGREEMENT FOR CFD 06-1
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
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Improvement Improvement Description' Cost
Number Estimate2
1 Traffic Enhancement Improvements $1,000,000'
2 East Olympic Parkway 6,628,979
3 West Olympic Parkway 14,827,891 .
4 Hunte Parkway , 1,565,687
5 Otay Lakes Road 6,834,815
6 Proctor Valley Road 1,000,000.
7 Telegraph Canyon Road ~idening/Traffic Improvements 2,700,000
8 Traffic signals 1,441,784
Totals $35,999,156
IMPROVEMENT DESCRIPTION AND ESTIMA TED COSTS
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Notes:
Sources: Developer, McGi1l Martin Self, Inc.
11 The description of the Improvements set forth in this Exhibit "A" is preliminary and
general. The final plans and specifications may show substitutes or modifications to the
proposed Improvements and proposed Improvements may be added or deleted with the consent
of Developer and the City Engineer. Components of all roadway improvements eligible for
funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry
utilities within the right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk,
medians, (vi) traffic signals, (vii) lighting, (viii) landscaping and (ix) all other appurtenant
improvements.
2/ Cost estimates are preliminary and may be modified from time to time with the consent
of Developer and the City Engineer.
3/ Cost estimate for the Traffic Enhancement Improvements constitutes the estimated
amount to be reserved out of the proceeds of the Bonds equivalent to the Developer's Fair Share
of the cost of construction of the Telegraph Canyon Roadway Improvements as established
pursuant to the provisions of the Telegraph Canyon Traffic Enhancement Agreement Such
amount shall be subject to revision pursuant to the pro'visions hereof, the Telegraph Canyon
Traffic Enhancement Agreement and any Future r~c Enhancement Agreement.
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EXHIBIT B
SUBSTANTIAL COMPLETION CRITERIA FOR IMPROVEMENTS
OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENTS
General:
l. Substantial completion of an Improvement, other than a Traffic Enhancement Improvement,
for purposes of detennining the eligibility of such Improvement for the payment of the "Base
Increment" (75% of the Purchase Price) therefore shall mean that the construction or work
with respect to such Improvement, inc1uding each component of such Improvement, has
progressed to the point where it is sufficiently complete so that it can be utilized for the
purpose for which it was intended. Substantial completion criteria for each Improvement or
component of an Improvement is further described below.
2.
Payment for the remaining 25% ("Retained Increment") -of the Purchase Price for an
Improvement shall be in accordance with Section 7, paragraph (c)(ii) and shall be made after
(a) the substantial cornpletion of all landscaping included in any related Improvement and (b)
submittal of a payment request fonn, as-built plans, posting of maintenance bonds, and
subrnittal of lien release evidence. For example, the Retained Increment for the La Media
Road South shall not be made until the substantial completion of the La Media Road South
Landscaping. -'" ,.. ,
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Substantial Completion Criteria:
A. Grading: Grading shall be deemed to be complete upon (1) completion of all preliminary
grading work (mobilization, site clearing, remedial grading, overexcavation, installation of
subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity
verification by the civil engineer, and confinnation by the City inspector and (3) installation
of all surface grading irnprovements (brow ditches, retaining walls, slope protection and
similar improvernents) and the certification thereof by the geotechnical engineer and
confinnation by the City inspector.
B. Sewer: Sewer construction shall be deemed substantially complete upon the installation,
flushing, and testing of sewer main line, laterals, c1eanouts, manholes, and all other
appurtenances of the sewer system as shown on the approved plans and specifications
therefore and in accordance with the City standard plans and specifications and the
verification of such installation by the civil engineer and confmnation of such installation by
the City inspector. -
C. Stonn Drain: Box cuiverts and headwall structures shall be deemed substantially complete
upon installation as shown on the approved plans and specifications therefore and in
accordance with the City standard plans and specifications and verification of such
installation by the civil engineer, and confinnation of such installation by the City inspector.
D. Drainage Facilities: Drainage structures inc1uding energy dissipation devices (rip-rap, drop
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structures, cut-off walls, etc), drainage diversion structures, facilities required as part of the
environmental mitigation measures, .and other drainage channel appurtenances including
drainage pipes connecting the brow ditches to the channel, shall be deemed substantially
complete for payment of the Base Increment upon the installation thereof as shown on the
approved plans and specifications therefore and ill accordance with City standard plans and
specifications and the verification of such installation by the civil engineer and confinnation
of such installation by the City inspector. .
E. Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed
substantially complete upon the installation of the conduits, junction boxes, payment of
utility fees, and written acceptance oftbe facilities by the utility companies.
F. Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage
irnprovements shall be deemed substantially complete upon the installation thereof as shown
on the approved improvement plans therefore and in accordance with City standard plaps and
specifications and confinnation of such installation by the City inspector of all storm drain
pipes, catch basins, drainage inlets and c1eanouts for the roadway storm drain system,
installation of roadway base material, concrete curb and gutter, and AC pavement including
the preparation of the subgrade and base material.
G. Other Street Surface Irnprovements: Street surface improvements including street lights,
traffic signals and conduits, signal interconnect, street name signs, roadway signing and
striping, and appurtenances shall be deemed substantially complete when installed as shown
on the improvement plans and in accordance with City standard plans and specifications and
upon confirmation of such installation by the City inspector.
H. Street Landscape Inigation and Planting: Parkway landscaping within the roadway right of
way including planting, inigation, concrete sidewalks, median maintenance strip, pedestrian
ramps, channel maintenance roads and all associated sub grade and base material preparation
shall be deemed substantially complete upon installation thereof as shown on the approved
improvernent plans therefore and in accordance with City standard plans and specifications
and confinnation of such installation by the City inspector.
I. Slope Landscaping: Landscape planting and inigation improvements for the slopes outside
of the roadway and channel right of way and the regional trail (DG) and fencing shall be
deemed substantially complete upon installation thereof as shown on the approved
improvement plans therefore and in accordance with City standard plans and specifications
and confinnation of such installation by the City inspector.
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EXHIBIT "C"
DESIGN, BID, CONTRACT AND CHANGE ORDER REQUIREMENTS
1.
General
These requirements shall be applied to all improvements proposed to be acquired through
CFD No. 06-1. Any deviation from these requirements must be approved by the Public
Works Director.
References to the Public Works Director means the Public Works Director, City Engineer
or their designee.
The City reserves the right to make the final determination of cost of the Improvements to
be acquired in accordance with this Agreement.
2.
Design Phase
A. Only design costs directly related to the public improvements to be acquired are
eligible for inclusion.
)
B. Bidding Documents. Two complete sets of bidding documents, including
improvement plans, general provisions, and bid proposal forms shall be submitted to the
Engineering Division for review and approval within 15 working days of submittal.
Advertising for bids shall not take place until the bidding documents are approved in
writing by the City. This procedure shall be followed for each contract proposed to be
advertised. Unless otherwise noted, the bidding documents shall conform to the
following minimum requirements:
I. Unless impractical due to the nature of the improvement, the bid proposal
shall be unit priced rather than lump sum. AC. pavernent, base and sub-base
shall be bid on a square foot per inch thickness basis.
2. The bidding documents shall require the bidder/contractor to provide the
following bonds:
a.
Bid Bond - 10% of the amount of the bid.
b.
Material and Labor Bond - 50% of the contract amount.
c.
Performance Bond - 100% of the contract amount.
The Contractor shall post performance and labor and material bonds for all
improvements as part of the bid. The City of Chula Vista shall be named as
additional obligee with the right to call such bonds if needed. Such bonds shall
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3.
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D.
E.
F.
G.
remain in effect until such time as aH improvements are completed and accepted
by the City Engineer. The City Engineer shaH be the sole judge in determining
the release of such bonds.
3. The bidding documents shaH require the successful bidder to provide
evidence of comprehensive or commercial general public liability insurance in the
amount of at least $1,000,000 prior to the award of the contract.
4. Unless otherwise required by the City, the contractor is not required to pay
prevailing wages.
5. The bidding documents must clearly state the time, date, an¡j"place where
bids are to be submitted and opened.
6. The bidding documents shal1 clearly state the amount of time to compJete
the work. The time aHowed must be reasonable for the amount of work.
Accelerated construction time al1owances must be supplemental1y bid, and are not
eligible for public finance unless previously approved by the City Engineer.
Bidding Phase
A.
The Notice inviting Sealed Bids shaH be published in the Chula Vista Star News
and the San Diego Daily Transcript. The notice inviting bids shaH state where
bidding documents are available.
B.
The bidding period fol1owing the advertisement of the Notice Inviting Sealed Bids
shall be a minimum of 14 calendar days.
C.
Developer shaH provide complete sets of bidding documents to aH contractors,
subcontractors, or suppliers requesting them. A reasonable price may be charged
for bidding documents.
Developer shall keep a log of aH persons obtaining bidding documents, and their
mailing address.
Addenda shaH be mailed by first class mail to all bidding document holders and
the Public Works Director. If an addendum is required within five working days
of the noticed bid opening date, the bid opening date shall be extended.
Subrnitted bids shall be in sealed envelopes.
Bids shal1 not be accepted after the stated time for submission.
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4.
H.
Bid opening shall be conducted by the Developer at the Developer's place of
business or other site mutually acceptable to the Developer and Public Works
Director.
E.
Sealed bids shall be opened and read aloud immediately following the submission
time. A City representative shall be invited to attend the bid opening.
J.
Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be
accepted.
K.
The bid proposals shall conforn1 to all state and local laws governing the listing of
subcontractors and suppliers.
L.
The arithmetic of the two lowest bid proposals received shall immediately be
checked for errors.
M.
A tabulation of all bids received shal1 be provided to' the Public Works Director
within five working days of the bid opening.
Award shal1 be made to the lowest responsible bidder within a reasonable period
of time fol1owing approval by the Public Works Director.
A preconstruction meeting shal1 be held with the contractor prior to beginning the
work. A City representative shall be invited to attend the meeting.
The Notice to Proceed shall be issued within a reasonable period of time
fol1owing the contract execution.
Construction Phase
A.
B.
C.
D.
E.
'The City shal1 be provided a copy ofthe construction schedule.
Developer shall require the contractor to conduct weekly construction
status meetings to which a City representative shall be invited.
Any additional costs incurred for the benefit of the Developer, such as
accelerating the construction schedule, shall not be eligible for public financing
unless previously approved by the City Engineer.
Any additional construction costs incurred due solely to delays caused by
the Developer shal1 not be eligible for public financing.
AI1 contracts and construction related records shall be available to the City
as and when required for the final determination of eligible costs for the public
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financing. This shall inc]ude trip tickets and other confirmations of material
delivered to the Improvement.
Change Orders
A.
No single change order for a TDIF Improvement shal1 be eligible for inclusion in
the Purchase Price for such Improvement that increases or decreases the original
contract amount for the construction of such Improvement by more than $50,000
without City Council approval.
B.
All change orders shall be fully documented and be in a format consistent and be
in a format consistent with the original bid items (i.e., show units" unit costs,
extensions and total costs). The City Engineer, in hislber sole discretion shall
determine the eligibility of each change order for inclusion in the Purchase Price
for an Improvement.
C.
The aggregate of all change orders for TDIF Improvements, including those for
differences between estimated and actual quantities shall not increase the contract
amount by more than the amount specified below without City Council approval:
Original Contract Range Maximum Aggregate Increase
Up to $100,000 10%
$100,001 to $1,000,000 $10,000 plus 7% of amount over $100,000
More than $1,000,000 $73,000 plus 5% of amount over $1,000,000
D.
E.
The aggregate of all change orders for any non-TDIF Irnprovement shall not
increase the Purchase Price thereof so as to cause such Purchase Price to exceed
the cost estimate for such Improvement as set forth in Exhibit A by more than
25% without City Council approval.
All change orders involving changes in scope of the project, or increases of
contract amounts greater than outlined in C. above shal1 be submitted to the City
Council for approval after the construction of the Improvement is completed, but
before the payment of any portion of the Purchase Price for such Improvement is
authorizèd by the City Engineer. Change orders that the Developer does not wish
to include in the Purchase Price for an Improvement do not need to go to City
Council for approval.
Negotiated set price change orders are acceptable where most of the items of work
in the change order have unit prices ITom the bids. Where change orders are for
work that does not have unit prices for a substantial portion of the work contained
within the bids, time and materials change orders are preferred.
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EXHIBIT "D-I"
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BASE INCREMENT
PAYMENT REQUEST NO. -
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENTS)
The undersigned (the "Developer") hereby requests payment in the total amount
of$ for the Base Increment of the Purchase Price of the Improvements (as defined in
the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in
Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies,
represents and wan-ants to the City as follows:
)
D.
E.
F.
G.
H.
L
A.
He(she) is a duly authorized representative or signatory of Developer, qualified
to execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B.
The Improvements that are the subject of this Payment Request have been
substantially completed in accordance with Exhibits A and B.
C.
The Purchase Price for the Improvements has been calculated in conformance
with the terms of the Agreement. All costs for which payment is requested hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Base Increment for which payment is requested has not been the
subject of any prior payment request paid by the City.
All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
Supporting documentation (such as third party invoices, change orders and
checks) is attached with respect to each cost for which payment is requested.
The Improvements for which payrnent is requested were constructed in
accordance with the requirements of the Agreement.
Developer is in compliance with the terms and provisions of the Agreement.
No rnechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Improvements.
A copy of a letter of conditional lien release for the Improvements for which
payment is requested is included this request. In addition, a letter from the
contractor(s) stating that have been paid in full by the. Developer for the
Improvements for which payment is requested is also included in this request.
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I hereby declare under penalty of peIjury that the above representations and waITanties are true
and COITect.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director.
Dated:
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AIr ACHMENT I
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.-
Improvement Purchase Price Base Increment Disbursement
Requested
[List here all Improvements for which payment is requested, and attach supporting.
documentation]
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EXHIBIT "0 - 2"
RETAINED INCREMENT
PAYMENT REQUEST NO. -
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount
of $ for the Retained Increment of the Purchase Price of the Improvements (as
defined in the AcquisitionlFinancing Agreement by and among the City of Chula Vista (the
"City") and Developer and described in Exhibit A to that Agreement), all as more fully described
in Attachment I hereto. In connection with this Payment Request, the undersigned hereby
certifies, represents and warrants to the City as follows:
D.
E.
F.
G.
A
He(she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B.
Developer has submitted or submits herein to the City, if applicable, as-built
drawings or similar plans and specifications for the Improvements and such
drawings or plans and specifications, as applicable, are true, COITect and complete.
c.
The Purchase Price for the Improvements has been calculated in conformance
with the terms of the Agreement. All costs for which payment is reque'sted hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Retained Increment for which payment is requested has not been
the subject of any prior payment request paid by the City.
Supporting documentation (such as third party invoices, change orders, lien
releases and checks) is attached with respect to each cost for which payment is
requested.
The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
Developer is in compliance with the terms and provisions of the Agreement.
No mechanics liens or other encumbrances have attached,. or to the best
knowledge of Developer, after one inquiry, will attach to the Improvements.
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] hereby declare under penalty of peIjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
)
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
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ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. -
Improvement Purchase Price Base Increment Disbursement
Requested
.I
[List here all Improvements for which payment is requested, and
attach supporting documentation]
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EXHIBIT "0-3"
BASE INCREMENT
PAYMENT REQUEST NO. -
(TRAFFIC ENHANCEMENT IMPROVEMENTS)
The undersigned (the "Developer") hereby requests payment in the total amount
of S for the Base Increment of the Purchase Price of the Traffic Enhancement
Improvements (as defined in the AcquisitionlFinancing Agreement by and among the City of
Chula Vista (the "City") and Developer and described in Exhibit A to that Agreerpent), all as
more fully described in Attachment I hereto. In connection with this Payment Request, the
undersigned hereby certifies, represents and warrants to the City as follows:
D.
E.
F.
G.
H.
A.
He(she) is a duly authorized representative or signatory of Developer, qualified
to execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B.
The Traffic Enhancement Improvements that are the subject of this Payment
Request have been substantially completed in accordance with Exhibits A and
B.
C.
The Purchase Price for the Traffic Enhancement Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which
payment is requested hereby are eligible costs (as permitted in the Agreement)
and have not been inflated in any respect. The portion of the Base Increment for
which payment is requested has not been the subject of any prior payment request
paid by the City.
All items have been clearly delineated as DIF/Non-DlF eligible (all DIP's) and
detailed backup and cost breakdown is provided supporting each item.
Supporting documentation (such as third party invoices, change orders and
checks) is attached with respect to each cost for which payment is requested.
The Traffic Enhancement Improvements for which payment is requested were
constructed in accordance with the requirements of the applicable Traffic
Enhancement Agreement.
Developer is in compliance with the terms and provisions of the Agreement.
No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Traffic Enhancement
Improvements.
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I.
A copy of a letter of conditional lien release for the Traffic Enhancement
Improvements for which, payment is requested is included this request. In
addition, a letter from the contractor(s) stating that have been paid in full by the
DeveJoper for the Traffic Enhancement Improvements for which payment is
requested is also included in this request.
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
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ATTACHMENT I
SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. -
Traffic Purchase Price Base Increment Disbursement
Enhancement Requested
Improvement
[List here all Traffic Enhancement Improvements for which payment is requested, and attach
supporting documentation]
)
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EXHIBIT liD - 4"
RETAINED INCREMENT
PAYMENT REQUEST NO. -
(TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount
of 5; for the Retained Increment of the Purchase Price of the Traffic Enhancement
Improvements (as defined in the AcquisitionIFinancing Agreement by and among the City of
Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as
more fully described in Attachment I hereto. In connection with this Payment Request, the
undersigned hereby certifies, represents and warrants to the City. as follows:
D.
E.
F.
G.
A.
He(she) is a duly authorized representative or signatory of Developer, quali.fied to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B.
The Traffic Enhancement Improvements have been accepted by the City.
C.
The Purchase Price for the Traffic Enhancement Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which
payment is requested hereby are eligible costs (as permitted in the Agreement)
and have not been inflated in any respect. The Retained Increment for which
payment is requested has not been the subject of any prior payment request paid
by the City.
Supporting documentation (such as third party invoices, change orders, lien
releases and checks) is attached with respect to each cost .for which payment is
requested.
The Traffic Enhancement Improvements for which payment is requested were
constructed in accordance with the requirements of the applicable Traffic
Enhancement Agreement.
Developer is in compliance with the terms and provisions of the applicable Traffic
Enhancement Agreement and the Acquisition/Financing Agreement.
No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after one inquiry, will attach to the Traffic Enhancement
Improvernents.
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I hereby declare under penalty of perjury that the above representations and warranties are true
0 and correct.
DEVELOPER:
Dated:
)
CITY
Payment Request Approved for Submission to
Director of Finance
Public Works Director
Dated:
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ATTACHMENT I
0
SUMMARY OF TRAFFIC ENHANCEMENT IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO- -
Traffic Purchase Price Base Increment Disbursement
Enhancement Requested
Improvement (
[List here alI Traffic Enhancement Improvements for which payment is requested, and
attach supporting documentation]
)
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ATTACHMENTL
FlRST AMENDMENT
TO
ACQUISITION/FINANCING AGREEMENT
THIS FIRST AMENDMENT TO ACQUISITIONIFINANCING AGREEMThT
dated as of Q¡"" p !iX, 2003 (the "First Amendment"), by and between the City of
Chula Vista, ak:harter city duly organized and validly existing under the Constitution and
the laws of the State of California (the "City"), acting for and on behalf of itself and
Community Facilities District No. 061 (EastLake - Woods, Vistas and Land Swap) (the
"Community Facilities District"), and The EastLake Company, LLC, a California limíœd
liability company (the "Developer") is entered into by the parties hereto to amend that
certain AcquisitionlFinancing Agreement, dated as of November 17, 2002 (the
"Acquisition Agreement"), by and between the City, acting for and on behalf of itself and
the District, and the Developer. Capitalized t= used in this First AmendmeÍ1t shall
have the meanings given such terms in the Acquisition Agreement unless otherwise
provided for herein or the context of the use of any such capitalized te= requires
otherwise,
RECITALS
WHEREAS, the City and the Developer entered into the Acquisition Agreeme:J.t
to, among other things, establish the terms and conditions pursuant to .,.:hich the City
would acquire certain Improvements constructed by the Developer ITom proceeds of
bonds issued by the Community Facilities District for such purpose;
WHEREAS, the Acquisition Agreement provides that the Developer would be
entitled to the payment of the Base Increment for an Improvement upon the substanti2..i
completion of construction of such Improvement including all components of S1lÒ
Improvement; and
WHEREAS, the Acquisition Agreement provides that landscaping associated
with a roadway Improvement is a component of such an Improvement; and
WHEREAS, such landscaping is frequently completed substantially after the
completion of all other components of a roadway Improvement resulting in substantial
delays in the payment of the Base Increment for such roadway Improvements;
WHEREAS, the EastLake Parkway roadway improvements and the EastLake
Parkway landscaping were included on the initial list of improvements identified by the
City Council as part of the improvements to be financed by the Community Facilities
District, however, such improvements were inadvertently ori:ùtted from Exhibit A to the
Acquisition Agreement which contains a list of the Improvements; and
WHEREAS, the Developer has requested that the Acquisition/Financing
Agreement be amended (a) to establish such landscaping associated with roadway
Improvements as separate Improvements to enable the payment of the Base Increment of
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the roadway Improvements closer in time to the actual completion of the construction of
such Improvements and (b) to add the EastLake Parkway and the EastLake Parkway
landscaping to the Improvements authorized to be financed by the CommWlity Facilities
District; and
\VHEREAS, the payment request forms attached as exhibits to the Acquisition
Agreement which the Developer must use to requisition the payment of the Purchase
Price for any Improvernent state that the Developer must submit both lien releases :trom
contractors. and letters from such contractors specifying that such contractor has been
paid in full for all work undertaken by such contractor on such Improvement; and
YV"HEREAS, the City and the Developer find that the requirement for the
Developer to provide such contractor letters in addition to lien releases is redundant and
that obtaining such contractor letters sometimes long after the contractor has ceaséd work
on an Improvement has proved very difficult and burdensome for the Developer thereby
adding indirecrly to the cost of the Improvement; and
YV"HEREAS, the City is willing to agree to such an amendment of the Acquisition
Agreement to avoid a financial hardship to the Developer by unnècessfu-ily delaying L.1e
payment of the Purchase Price for roadway Improvements and to remedy the inadvertent
omission of the EastLake Parkway roadway improvements and the EastLake Parkway
from the list of Improvements.
NOW, TI:ŒREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Amendment to Exhibit A. Exhibit A to the AcquisÜion Agreement is
hereby amended in its entirety to read as set forth in Attachment 1 hereto which is
incorporated herein by the reference.
SECTION 3. Amendment to Section 8(h)(i). Section 8(h)i is hereby amended in ils
entirety to read as follows:
"(h)
Pavrnent.
(i) Priority of Payment of COfi of Construction or Purchase Price for
Improvements. The City and the Developer acknowledge and agree that the cost
of acquisition or construction of all Improvements may exceed the aggregate
amount of the Bond proceeds which will be available for the payment of that
portion of cost of construction or the Purchase Price, as applicable, for all of such
Improvements eligible to be paid :trom the proceeds of the Bonds. Iv; a result the
City and Developer agree that the pa;-ment of the cbst of construction or the
Purchase Price, as applicable, for Improvements shall be prioritized as follows:
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Priority I:
Improvement No.1
Improvements") in Exhibit A.
("Traffic
Enhancement
Priority 2:
Improvement Nos. 2-15 in Exhibit A. -
The cost of construction or Purchase Price for any lower priority Improveme:J.t
shall not be paid until the cost of construction or Purchase Price for all higher
priority Improvements has been paid or if sufficient proceeds of the Bonds are
reasonably determined to be available to fully fund the cost of construction or
Purchase Price of the higher priority Improvements, based upon the estimates of
the cost of construction or the estimates or approved Purchase Prices, as
applicable, for such higher priority Improvements on Exhibit A"
SECTION 4. Amendment to Exhibit B. Paragraph 2. of the section entitled "Generai"
of Exhibit B is hereby modified in its entirety to read as follows:
"2. Payment for the remaining "25 % ("Retained Increment") of the
Purchase Price for an Improvement shall be in accordance 'with Section 7,
paragraph (c)(ii) and shall be made after submirral of a payment request
fo=, as-built plans, posting of maintenance bonds, and submirL2l of lien
release evidence."
SECTION 5. Amendment to Exhibit D-l. Exhibit D-l to the Acquisition Agreement is
hereby amended in its entirety to read as set forth in Attachment 2 hereto which is
incorporated herein by the reference.
SECTION 6. Effect of this First Amendment on the Other Terms and Provisions of
the Acquisition Agreement. All terms and provisions of the Acquisition Agreemem
shall remain in full force and legai effect except as expressly modified by the provisions
of this First .-\mendment.
SECTION Î. General Provisions
(a)
(b)
The Acquisition Agreement as amended by this First Amendment and the
agreements expressly referred to herein contains all of the agreements of
the parties hereto with respect to the matters contained herein and all other
prior and co~temporaneous agreernents, representations, negotiations a¡ld
understandings of the parties hereto, oral or written, are hereby superseded
and merged herein. No provision of this First Amendment may be
modified, waived, amended or added to except by a V,¡riting signed by the
party against which the enforcement of such modification, waiver,
amendment or addition is or may be sought.
This First Amendment has been reviewed by legal counsel for City and
Developer and shaIl be deemed for. all purposes to have been jointly
drafted by City and Developer. No presumption or rule that ambiguities
shaH be construed against the drafting party shaH apply to the
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(c)
interpretation or enforcement of this First Amendrnent. The language in
all parts of this First Amendment, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or
against any party and consistent with the provisions hereof, in order LO
achieve the objectives of the parties hereunder. Tne captions of the
sections and subsections of this First Arnenàment are for convenience oniy
and shall not be considered or referred to in resolving questions oÎ
construction.
Except as expressly provided otherwise in this First Amendment, 2-II
provisions of Sections 22 through 34 of the Acquisition Agreement shall
apply to this First Amendment.
[Remainder of this page intentionally left blank]
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IN WITNESS ViHEREOF the parties hereto have executed this First Amendment on the dare
above written.
"CITY"
CITY OF CHULA VISTl'.
I
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, M.A.YOR 6
CI1Y OF CHULA VISV..
STATE OF CALIFO&"\¡l..A.
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ATTEST:
APPROVED AS TO FO&V1:
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CITY CLERK ~
CITY OF CHULA VISTA
S1.HE OF CALIFORL'IIA
(^,-- '"":^ \ .~~ -
v J ',-x:?~,
.-\!.'IN MOORE, CITY ATTO&"\¡"EY
em- OF CH1.)L.A.:VIST.~..
STATE OF CALIFO&'-<l..A.
"DEVELOPER"
By:
Title:
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,Execution Copy
ATTACHMENT NO.1
Amended - Exhibit "A"
ACQUISITION AND FINANCING AGREEMENT FOR CFD 06-1
(EASTLAKE- WOODS, VISTAS AND LAND SWAP)
Improvement I I
Number Improvement Description ¡ Cost Estimate"
.--.
1 I Traffic Enhancement Improvements I S 1,000,000
~ IEastOl~picP~kw~ - 4,4ï8,ï76
3 I East Olympic P~kway Landscaping' I 2,148,229
4 I West Olytnpic Parkway I ,12,419,492
5 I West Olympic P~kway Landscaping 3.297,106
6 I Hunte Parkway I 1.565,68ï
I Otay Lakes Road beTween H and Telegraph I 1,603,680
8 I Otay Lakes Road between Hunte Parl:way and Lake Crest Drive I 5,664,143
9 I Otay Lakes Road Landscaping 1.531,072
;0 I EastLake Parkway/Otay Lakes Road adjacent to I 1.050,000
EastLake Village Center I
11 I EastLake Parkway Improvements I 4.398,540 I
12 I EastLake Parkway Landscaping 839,451 -I
L'VIPROVEMENT DESCRJPTION AND ESTIMATED COSTS
13
14
i Proctor Valley Road
I Telegraph Canyon Road WideningfTraffic ImProvements
I Traffic signals
I Totals
Developer, McGill Martin Self, Inc. amended 5/15/03.
1.000.000 r-
2.700,000 /
1.983.136 I
S.- 6-0 -17J
~)../::.:?_-~
15
Sources:
l! The description of the Improvements set forth in this Exhibit "A" is preliminary and
general. The final plans and specifications may show substitutes or modifications to the
proposed Improvements and proposed Improvements may be added or deleted with the cousent
of Developer and the City Engineer. Components of all roadway improvements eligible for
funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry
utilities within the right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk,
medians, (vi) tTaffic signals, (vii) lighting and (viii) an other appurtenant improvements.
2/ Cost estimates are preliminary and may be modified from time to time with the consent
of Developer and the City Engineer.
3/ Cost estimate for the Traffic Enhancement Improvements constitutes the esrimated
amount to be reserved out of the proceeds of the Bonds equivalent to the Developer's Fair Share
of the cost of construction of the Telegraph Canyon Roadway Improvements as established
pursuant to the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Such
amount shan be subject to revision pursuant to the provisions hereof, the Telegraph Canyon
Trafñc Enhancement Agreement and any FutUre Traffic Enhancement Agreement.
S-5~
, 1
: Execution Copy
ATTACHMENT NO.2
EXHIBIT "D-l"
BASE INCREMENT
PAYMENT REQUEST NO.-
(IMPROVEMENT OTHER TILAN TR.A.FFIC ENHA.l'\CEMENT I?vfPROVEMENTS)
The tmdersigned (the "Developer") hereby requests payment in the total cmOtmt
ofS for the Base Increment of the Purchase Price of the Improvements (as deñned in
the Acquisition/Financing Agreement by and among the City of Chula ViSta (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in
Attachment 1 hereto. In connection with this Payment Request, the tmdersigned hereby cernfies,
represents and warrants to the City as follows:
A.
B.
c.
D.
E.
F.
He(she) is a duly authorized representative or signaTOry of Developer, qualiñed to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
The Improvements that are the subject of this Payment Request have been
substantially completed in accordance 'With Exhibits A and B.
:, .
Tne pÙfchase Price for the Improvements has been calculc.,ed in confo=ance
váth'the terms of the Agreement. All costs for which payment is requested
hereby are eligible costs (as pennitted in the Agreement) and have nm been
inflated in any respect. The Base Increment for which paymem is requested has
not been the subject of any prior payment request paid by the City.
All items have been clearly delineated as DIFlNon-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
Supporting documentation (such as third party invoices, change orders and
checks) is attac~ed \vith respect to each cost for which payment is requested.
The Improvements for which payment is requested were cons1ructed in
accordance with the requirements of the Agreement.
G.
Developer is in compliance with the terms and provisions of the Agreement.
H.
No mechanics liens or other encumbrances have attached, or to the best
knowledge of Developer, after due inquiry, will attach to the Improvements.
1.
A copy(ies) of the letter(s) of unconditional lien release for the Improvements for
which payment is requested is included in this request. Alternatively, a copy of a
lene, of conditional lien release for the Improvements for which payment is
5-':57
".1
- Execution Copy
requested togethe~ with a letter from the contracwr(s) stating ti:at they have been
paid in full by the Developer for the 1-npro\'ements fo~ which paymem is
requested may be included in" this request.
I hereby declare t41,der penalty of perjury that L1e above representations 2,rlC -.,'3J.,a,-uies c:e true
and correct.
DEVELOPER:
Dared:
CE,,-
Payment Reques~ Approved ---- Submissic;:¡ to
Director ofFin<L'"lce
DirectOr of EngL-:ee:-',;:¡g
Da:ed:
5,5rf
, ..: 'Execution Copy
ATTACHMENT 1
SUMlvLUY OF IiVIPROVEME~lS
TO BE ACQUIRED AS PART OF PAYMEJ'H REQUEST NO.-
Irrmrovement
Purchase Price
Base bcrement
Disburseme;¡¡
Reauesteå
[Lis! here all Improvements for which payment is requested, and attach supporÜng
documentation]
5-59
R-'
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT
AGREEMENT WITH THE EASTLAKE COMPANY FOR
CONSTRUCTION OF A PORTION OF THE POGGI CANYON
TRUNK SEWER EXTENSION AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, as part of the Eastlake Land Swap project development, the Eastlake
Company constructed the Poggi Canyon Trunk Sewer Extension, a $2.4 million deep gravity
sewer extending from the Eastlake Parkway Pump Station to the Poggi Canyon Trunk Sewer at
Olympic Parkway; and
WHEREAS, this agreement will enable the City to reimburse the Eastlake
Company for the cost of the sewer from CFD proceeds and City funds; and
WHEREAS, it is appropriate to fund the proposed reimbursement from the Trunk
Sewer Capital Reserve Fund since the City had a vested interest in constructing this segment of
the Poggi Canyon Trunk Sewer Extension.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve a reimbursement agreement with the Eastlake Company for
construction of a portion of the Poggi Canyon Trunk Sewer Extension and appropriating funds
therefor.
BE IT FURTHER RESOLVED that the Eastlake Company shall be reimbursed
subject to conditions set forth in Reimbursement Agreement.
BE IT FURTHER RESOLVED the reimbursement shall be made no sooner than
July I, 2004 to ensure that sufficient Trunk Sewer Capital Reserve funds are available
BE IT FURTHER RESOLVED that $1,230,000 shall be appropriated from the
Trunk Sewer Capital Reserve Fund to a new CIP for Reach 2 of the Poggi Canyon Trunk Sewer
Extension.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~ :571t- - ~
~ ~r
City Attorney
J :IEngineerIAGENDA IResoslReimbursement Agreement PoggI Cynl. 4-20-O4.doc
s#~o
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(f~J/lÆ ~. ~
Wnn Moore
City Attorney
Dated: l{-(1-oy
Reimbursement Agreement with the
Eastlake Company for construction of a portion
Of the Poggi Canyon Trunk Sewer Extenstion
(PI
Pnggi Canyon Trunk Sewer Extension
Reimbursement Agreement
This Poggi Canyon Trunk Sewer Extension Reimbursement Agreement ("Agreement") is made
as of , 20 -' by and between The EastLake Company, LLC ("EastLake") and
the City of Chula Vista, a California municipal corporation ("City") to facilitate the design and
construction ofrequired improvements to the Poggi Canyon Trunk Sewer.
RECITALS
Whereas, EastLake has petitioned the city to consider authorizing The EastLake Company to
design and construct the improvements required by the Poggi Canyon Trunk Sewer (herein after referred
to as "Poggi Canyon Trunk Sewer Extension") and be reimbursed for the project; and
Whereas, the construction of said improvements involves the installation of approximately 3,100
lineal feet of PVC sewer lines within the Poggi Trunk Sewer system as shown in City of Chula Vista
drawings entitled "Improvement Plans for EastLake Parkway" numbered 02046-01 through 02046-27 and
"Improvement Plans for Olympic Parkway" numbered 02024-01 through 02024-41 ("improvements");
and
Whereas, as part of the approval for the EastIake Land Swap and thorough consideration of
several alternatives, Eastlake Company was required to construct the deep gravity sewer from the existing
pump station adjacent to EastIake Parkway and provide a connection to the existing sewer in Olympic
Parkway at a cost of approximately $2.4 million; and
Whereas, the Poggi Canyon Trunk sewer Extension was constructed along Eastlake Parkway, and
across the Eastlake commercial land swap parcel; and
Whereas, the reach of sewer within Eastlake Parkway "EastIake Parkway portion", estimated at
$1.2 million, is an eligible facility to be funded by Community Facilities District 061 (Eastlake - Woods,
Vista and Land Swap), (CFD 061), while the other reach of sewer from EastIake Parkway across the land
swap parcel to Olympic Parkway, "Poggi Trunk portion" also estimated at $1.2 Million is proposed to
come from the Trunk Sewer Capital Reserve Fund; and
Whereas, it is the intention of the City with this Agreement to layout the terms under which
EastLake shall be reimbursed for the costs incurred in the design and construction of the required
Improvements for Poggi Canyon Trunk Sewer utilizing funds from the Trunk Sewer Capital Reserve
Funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
Section 1.
Recitals. That the above recitals are all true and correct.
Section 2. Construction of Improvements. EastLake covenants and agrees that all
Improvements will be constructed by EastLake in a good and workmanlike manner by well-trained
adequately supervised workers and in strict compliance with all government and quasi-governmental
Page I of4
C:IOOCUME-llasarolLOCALS-IITenmlPo.ei Canyon Tl'unk Sewer Reimbul'5cmcnt s- ~¡;J.
A.,-eement.ac.docJ:IEnb';fl,""^GEÞID^lPoggi C"')Ofl 'H'onl,_S, 'I' IWim".",em,..t ^J!F""",".",HOC
rules, regulations, laws, building codes and all requirements of EastLake's insurers and lenders, and tree
of any design flaws and defects.
Section 3. Inspection and Acceptance of the Improvements. The construction activities
relating to the Improvements will be inspected and subject to acceptance by City.
Section 4. Code Compliance. EastLake hereby agrees to comply with all provisions of
Chula Vista Ordinance No. 2716.
Section 5. Payments to EastLake. Payments shall be made to EastLake, for the poggi trunk
portion, upon submittal of the appropriate project documentation and completion of the audit by the City.
Eastlake shall not be reimbursed prior to the end of the fiscal year on June 30, 2004 Within 60 days of
EastLake's request after June 30, 2004,. City will make good faith effort to reimburse Eastlake upon
submittal of all pertinent documents/infonnation necessary to facilitate such request for payment and
demonstrate compliance with the tenus of this agreement. Furthennore, Eastlake shall not receive
reimbursement ITom the Trunk Sewer Fund if Eastlake has or will receive compensation for the
applicable costs of the improvement ITom any other source.
Section 6. Indemnification bv EastLake. EastLake shall defend, indemnify and hold
hannIess City, its officers, directors, employees and agents, from and against any and all claims, losses,
liabilities, damages, including court costs and reasonable attorneys fees, by reason of, or resulting ITom,
or arising out of the design, engineering and construction of the Improvements. Nothing in this Section 6
shall limit in any manner City's rights against any of the architects, engineers, contractors or other
consultants employed by EastLake or EastLake's predecessors in interest which has perfonned work in
connection with construction or financing of the Improvements.
Section 7. Conflict with Other Agreements. Nothing contained herein shall be constructed
as releasing EastLake ITom any condition of development or requirement imposed by any other agreement
with City. In the event of a conflicting provision, such other agreement shall prevail unless such
conflicting provision is specifically waived or modified in writing by City.
Section 8. General Standard of Reasonableness. Any provision of this Agreement which
requires the consent, approval, discretion or acceptance of any party hereto or any of their respective
employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be
unreasonably withheld or delayed, unless such provision expressly incorporates a different standard.
Section 9. Entire Agreement: Amendment. This Agreement contains the entire agreement
between the parties relating to the transaction contemplated hereby and all prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged herein. No
amendment, modification, waiver or discharge of this Agreement will be valid unless the same is in
writing and signed by the parties to this Agreement.
Section 10. Notices. All notices, demands or requests provided for or pennitted to be given
pursuant to this Agreement must be in writing. All notices, demands or requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
Page 2 of 4
C:IDOCUME-llasnroILOCALS-IITemnIPo21ti Canyon Trunk Sewer Reimbursement 5 - ¡;, :3
Agreement.ae.docJ:\1ingiR,"F' G6Þ¡¡¡/'P.ggi_C",,~.R TruRI¡ 8, "r_~,iffi¡'ur"ffi'llt Il!"eem."t.".due
Q1y:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
Property Owner:
The EastLake Company
900 lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: Guy Asaro, Vice President
A party may change its address by giving notice in writing to the other party. Thereafter. notices,
demands and requests shall be addressed and transmitted to the new address.
Section 11. Successors and Assil!t1s. All terms of this Agreement will be binding upon and
inure to the benefit of the parties and their respective administrators or executors, successors and assigns.
Section 12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the Federal or State courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
Section 13. Capacities of Parties. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
Section 14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which will be deemed to be an original, but all of which together will constitute one instrument.
[NEXT PAGE IS SIGNATURE PAGE]
Page 3 of 4
5-~1
C:\DOClJME-llasDl'oILOCALS-IITemoIPo.2i Canyon Trunk Sewer Reimbursement
A2I'eementac,docJ:lEngiRC.."CHND'lPeggi Ca.;.. T<un ,_Ee ',,_R.i....u"..~.nt 'W...""t...,;",
SIGNATURE PAGE TO
POGGI CANYON TURN!( SEWER EXTENSION
REIMBURSEMENT AGREEMENT
CITY OF CHULA VISTA
THE EASTLAKE COMPANY, LLC
Stephen C. PadiIla
Mayor, City of Chula Vista
fii:. ~id,"'
alA) V<1(~InA ~
.-VI1lliam T Ostr= Pre<;QPpt
Attest:
~ ¥-\J"ß'{\(!( <.Jìú2- ~&z~
Susan Bigelow, City Clerk
Approved as to fonn:
Ann Moore, City Attorney
Page 4 of 4
S..t;5
C:\DOCUME-I\¡¡sarolLOCAL$-lITenm\Po"Iri Canvon Trunk Sewer Reimbul>ement
Agreement,c.doc ':'lingiR""-' GEÞtDA'Poggi_CUR) OR- Trunll g, "R,im,u,,"m,nt_. 8',"RleHt..,.doe
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECOND AMENDMENT TO
THE ACQUISITION/FINANCING AGREEMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 06-1
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, has undertaken
proceedings to form and has formed a community facilities district for the purpose of financing
the acquisition of certain works of improvement, together with appurtenances, such special
assessment district known and designated as COMMUNITY FACILITIES DISTRICT NO. 06-1
(EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "Community Facilities District");
and,
WHEREAS, the City Council did previously approve the form of an
AcquisitionlFinancing Agreement (the "Acquisition Agreement") by and between the City of
Chula Vista and The Eastlake Company, LLC, (the "Developer") to establish the terms and
conditions upon which the Improvements (as defined in the Amended AcquisitionlFinancing
Agreement') would be acquired by the City; and
WHEREAS, the City Council also previously approved the First Amendment to
Acquisition Agreement (the "First Amendment") by and between the City and the Developer
provides that the landscaping associated with roadway Improvements shall be designated as
separate Improvements to enable the payment of the Base Increment of the roadway
Improvements closer in time to the actual completion ofthe construction of such Improvements;
WHEREAS, the Acquisition Agreement contemplates that the Purchase Price of an
Improvement can 'be established at the time the payment of the Base Increment for an
Improvement is made; and
WHEREAS, notwithstanding the provisions of the Acquisition Agreement, the Developer
has found that the Purchase Price of an Improvement is frequently not known until the final
invoice related to the Improvement is received and paid by the Developer resulting in substantial
delays in the payment of the Base Increment for such Improvements; and
WHEREAS, the Developer has requested that the Acquisition Agreement be amended (a)
to establish the Purchase Price at the time the Retained Increment is paid and (b) to allow the
Base Increment to be based on 75% of the audited, eligible costs to the date of Developer's
application for payment of the Base Increment to avoid delays in the payment of the Base
Increment for an Improvement; and
WHEREAS, the Acquisition Agreement provides that sewer associated with a roadway
Improvement is a component of such an Improvement; and
5-~~
WHEREAS, such sewer and appurtenances along Eastlake Parkway are eligible
components of an Improvement; and
WHEREAS, the Developer has requested that the AcquisitionlFinancing Agreement be
amended (a) to establish the sewer along Eastlake Parkway as a separate Improvement, (b) to
increase the estimated cost of the sewer along Eastlake Parkway based on design constraints, and
(c) to enable the payment of the Base Increment of the sewer Improvement closer in time to the
actual completion of the construction of such Improvement; and
WHEREAS, in addition to the foregoing, traffic signals, collectively, are designated in
the Acquisition Agreement as an Improvement; and
WHEREAS, individual traffic signals are frequently completed as individual
improvements or with a roadway Improvement over an extended period of time resulting in
lengthy delays in the payment of the Purchase Price for the traffic signals from the time the
initial traffic signal is installed until the last traffic signal is installed; and
WHEREAS, the Developer has requested that the Acquisition Agreement be amended (a)
to establish each traffic signal as a separate Improvement and (b) to enable the payment of the
Base Increment for each traffic signal closer in time to the actual completion of such
Improvement; and
WHEREAS, the City is willing to agree to further amend the Acquisition Agreement to
avoid a financial hardship to the Developer by (I) unnecessarily delaying the payment of the
Base Increment for Improvements based on the Purchase Price; (2) unnecessarily delaying
payment of the Base Increment for the sewer along Eastlake Parkway; and (3) unnecessarily
delaying the payment of the Base Increment for each individual traffic signal until all traffic
signals are substantially completed; and
WHEREAS, the City is willing to agree to such amendment of the Acquisition
Agreement for such purpose and to otherwise clarify the description of and cost estimate for the
Improvements; and
WHEREAS, to accomplish the foregoing purposes there had been provided to the City
Council for its consideration the form of a Second Amendment to Acquisition/Financing
Agreement (the "Second Amendment").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Second Amendment hereby is approved in the form submitted.
2
5-~1
SECTION 3. The Mayor is hereby authorized to execute the second amendment on
behalf of the City.
PREPARED BY:
APPROVED AS TO FORM BY:
Jack Griffin
Director of General Services
~~~
City Attorney
J:\EngineerIAGENDA \Resos\CFD 061 AF agmt amendment 2 resolution, 4-20-D4.doc
3
S-fpf
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
ð) Cfì1Æ '--
~Árm Moore ~
City Attorney
Dated: tf-- I q - () V
Second Amendment to the
Acquisition/Financing Agreement for
Community Facilities District 06-1
5-(PCj
SECOND AMENDMENT
TO
ACQUISITION/FINANCING AGREEMENT
THIS SECOND AMENDMENT TO ACQUISITION/FINANCING
AGREEMENT, dated as of , 2004 (the "Second Amendment"), by and
between the City of Chula Vista, a charter city duly organized and validly existing under
the Constitution and the laws of the State of California (the "City"), acting for and on
behalf of itself and Community Facilities District No. 061 (EastLake - Woods, Vistas and
Land Swap) (the "Community Facilities District"), and The EastLake Company, LLC, a
California limited liability company (the "Developer") is entered into by the parties
hereto to amend that certain Acquisition/Financing Agreement, dated as of November 12,
2002 and amended by the First Amendment to Acquisition/Financing Agreement, dated
as of June 3, 2003 by and between the City, the Community Facilities District and the
Developer approved by the City Council on June 3, 2003 by Resolution No. 2003-237
(collectively referred to as the "Acquisition Agreement"). Capitalized terms used in this
Second Amendment shall have the meanings given such terms in the Acquisition
Agreement unless otherwise provided for herein or the context of the use of any such
capitalized term requires otherwise.
RECITALS
WHEREAS, the City and the Developer entered into the Acquisition Agreement
to, among other things, establish the terms and conditions pursuant to which the City
would acquire certain Improvements constructed by the Developer from proceeds of
bonds issued by the Community Facilities District for such purpose;
WHEREAS, the Acquisition Agreement provides that the Developer would be
entitled to the payment of the Base Increment for an Improvement upon the substantial
completion of construction of such Improvement including all components of such
Irnprovement; and
WHEREAS, the Acquisition Agreement contemplates that the Purchase Price of
an Improvement can be established at the time the payment of the Base Increment for an
Improvement is made; and
WHEREAS, notwithstanding the provisions of the Acquisition Agreernent, the
Purchase Price of an Improvement is frequently not known until the final invoice related
to the Improvement is received and paid by the Developer resulting in substantial delays
in the payment of the Base Increment for such Improvements; and
WHEREAS, the Developer has requested that the Acquisition Agreement be
amended (a) to establish the Purchase Price at the time the Retained Increment is paid
and (b) to allow the Base Increment to be based on 75% of the audited, eligible costs to
the date of Developer's application for payment of the Base Increment to avoid delays in
the payment of the Base Increment for an Improvement; and
5-10
WHEREAS, the Acquisition Agreemcnt providcs that sewcr associated with a
roadway Improvement is a component of such an Improvement; and
WHEREAS, the Resolution of Formation provides that public facilities authorized
to be fínaneed by thc levy of special taxcs within each Improvement Area shall .include
sewers within each Improvcment Arca as may bc authorized by the goals and policies of
the City Council pertaining to the use ofthe ComnlL\nity Facilities District Law; and
WHEREAS, such sewer and appurtenances along Eastlake Parkway are eligible
components of an Improvement; and
WHEREAS, the Developer has requested that the Acquisition Agreement be
amended (a) to establish the sewer along Eastlake Parkway as a separate Improvement,
(b) to increase the estimated cost of the sewer along Eastlake Parkway based on design
constraints, and (c) to enable the payment of the Base Increment of the sewer
Improvement closer in time to the actual completion of the construction of such
Improvement; and
WHEREAS, traffic signals, collectively, are designated in the Acquisition
Agreement as an Improvement; and
WHEREAS, individual traffic signals are frequently completed as individual
improvements or with a roadway Improvement; and
WHEREAS, the Developer has requested that the Acquisition Agreement be
amended (a) to establish each traffic signal as a separate Improvement and (b) to enable
the payment of the Base Increment for each traffic signal closer in time to the actual
completion of such Improvement; and
WHEREAS, the City is willing to agree to such Second Amendment of the
Acquisition Agreement to avoid a financial hardship to the Developer by (I)
unnecessarily delaying the payment of the Base Increment for Improvements based on
the Purchase Price; (2) unnecessarily delaying payment of the Base Increment for the
sewer along Eastlake Parkway; and (3) unnecessarily delaying the payment of the Base
Increment for each individual traffic signal until all trafìic signals are substantially
completed; and
WHEREAS, the City is willing to agree to such Second Amendment for such
purpose and to otherwise clarify the description of and cost estimate for the
Improvemcnts.
NOW, THEREFORE, IN CONSIDERA nON of thc promises and conditions contained
herein, and for other valuable consideration, receipt of which is hereby acknowledged by
both parties, and subject to the terms set forth below, the parties agree as follows:
2
5~11
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Amendment to Exhibit A. Exhibit A to the Acquisition Agreement and
First Amendment is hereby amended in its entirety to read as set forth in Attachment ¡
hereto which is incorporated herein by the reference.
SECTION 3. Amendment to Section 8(b). Section 8(b) is hereby amended in its
entirety to read as follows:
"(b) Incremental Payment of Purchase Price of an Improvement other than a Traffic
Enhancement Improvernent. The Purchase Price for any Improvement constructed by the
Developer, other than a Traffic Enhancement Improvement, shall be payable in not to
exceed two increments: (i) the "Base Increment" which shall be an amount equal to 75%
of the audited, eligible costs as reflected in the written request for payment of the Base
Increment submitted by the Developer and as approved by the Director of Public Works
and shall not exceed 75% of the cost estimate set forth in Exhibit A for such
Improvement; and (ii) the "Retained Increment" which shall be an amount not to exceed
the remaining, unpaid portion of the Purchase Price for such Improvement determined
pursuant to the provisions of (a) above."
SECTION 4. Amendment to Section 8(c). Section 8(c) is hereby amended in its
entirety to read as follows:
"(c) Requisition for Incremental Payment of Purchase Price of an Improvement other
than a Traffic Enhancement Improvement.
(i)
Base Increment. The Developer may submit only one (I) written request
to the City Engineer for the payment of the Base Increment for an
Improvement, other than a Traffic Enhancement Improvement, upon the
substantial completion of the construction of such Improvement in
accordance with the approved Plans and Specifications. The criteria for
determining "substantial completion" of each such Improvement is
described in Exhibit B and shall mean generally that construction, or work
with respect to such Improvernent has progressed to the point where it is
sufficiently complete so that such Improvement can be utilized for the
purpose for which it was intended. Substantial completion of such an
Improvement shall also mean that all components of such Improvement
are substantially cornplete, e.g., in the case of Improvement including
streets (other than streets included in the Traffic Enhancement
Improvements), the components are described in footnote I to Exhibit A.
Each Base Increment payment request must be in the form attached hereto
as Exhibit D-l, which is incorporated herein by this reference, and
conforrn to the requirements of (f) below. The request for payment of the
Base Increment for an Improvement shall be accompanied by a copy of
the following documents related to the construction of such Improvement:
(I) each construction contract and copy of bid notice for such contract, (2)
3
5-1~
(ii)
cach change order, (3) each invoice submitted pursuant to such
construction contracts, ( 4) evidence 0 t' payment or each such invoice such
as copies 01' cancelled checks or other evidence of payment satisfactory to
the City Engineer, and (5) written conditional lien releases executed by
each applicable contractor, subcontractor and materialman in a form
satisfactory to the City Attorney ofthe City (the "City Attomey") for such
Improvement.
Retainedl!1crement. The Developer may submit only one (I) written
request to the City Engineer for the payment of the Retained Increment for
an Improvement, other than a Traffic Enhancement Improvement, in the
form attached hereto as Exhibit D-2, which is incorporated herein by this
reference, upon the submission to the City Engineer of (I) as-built
drawings or other equivalent plans and specifications for such
Improvement in a form reasonably acceptable to the City, (2) evidence
that the Developer has posted a maintenance bond for such Improvement
as required by Section 5 hereinabove, (3) evidence of the satisfaction of
the requirements of Section 10 hereinbelow directly related to such
Improvement and (4) written unconditional lien releases from all
contractors, subcontractors and materialmen satisfactory to the City
Attorney for such Improvement. For any costs not included in the
Developer's written request for payment of the Base Increment but
requested for payment in the Retained Increment the request shall conform
to the requirements of (f) below and also be accompanied by the following
docurnents related to such additional costs of the construction of such
Improvement if not done so with the written request for payment of the
Base Increment: (I) each construction contract, (2) each change order, (3)
each invoice submitted pursuant to such construction contracts, and (4)
evidence of payment of each such invoice such as copies of cancelled
checks or other evidence of payment satisfactory to the City Engineer."
SECTION 5. Amendment to Section 8(h)(i). Section 8(h)i of the Acquisition
Agreement and First Amendment is hereby amended in its entirety to read as follows:
"(h)
Pavment.
(i) Priority of Payment of Cost of Construction or Purchase Price for
Improvements. The City and the Developer acknowledge and agree that the cost
of acquisition or construction of all Improvements may exceed the aggregate
amount of the Bond proceeds which will be available for the payment of that
portion of cost of construction or the Purchase Price, as applicable, for all of such
Improvements eligible to be paid from the proceeds of the Bonds. As a result the
City and Developer agree that the payment of the cost of construction or the
Purchase Price, as applicable, for Improvements shall be prioritized as follows:
4
5-13
Priority I:
Improvement No. I
Improvements") in Exhibit A.
("Trame
Enhancement
Priority 2:
Improvement Nos. 2-40 in Exhibit A
The cost of construction or Purchase Pdce for any lower priority Improvement
shall not be paid until the cost of construction or Purchase Price for all higher
priority Improvements has been paid or if sufficient proceeds of the Bonds are
reasonably determined to be available to IÜlIy fìmd the cost of construction or
Purchase Price of the higher priority Improvements, based upon the estimates of
the cost of construction or the estimates or approved Purchase Prices, as
applicable, for such higher priority Improvements on Exhibit A"
SECTION 6. Amendment to Exhibit B. Paragraph 1. of the section entitled "General"
of Exhibit B is hereby amended in its entirety to read as follows:
"I. Substantial completion of an Improvement, other than a Traffic
Enhancement Improvement, for purposes of determining the eligibility of such
Improvement for the payment of the "Base Increment" therefore shall mean that
the construction or work with respect to such Improvement, including each
component of such Improvement, has progressed to the point where it is
sufficiently complete so that it can be utilized for the purpose for which it was
intended. Substantial completion criteria for each Improvement or component of
an Improvement is further described below."
SECTION 7. Amendment to Exhibit B. Paragraph 2. of the section entitled "General"
of Exhibit B to the Acquisition Agreement and First Amendment is hereby amended in its
entirety to read as follows:
"2. Payment for the "Retained Increment" of the Purchase Price for an
Improvement shall be in accordance with Section 8, paragraph (c)(ii) and
shall be made after submittal of a payment request form, as-built plans,
and such other documentation as is required pursuant to Section 8,
paragraph (c)(ii), posting of maintenance bonds, and submittal of lien
release evidence."
SECTION 8. Amendment to Exhibit D-1. Exhibit 0-1 to the Acquisition Agreement
and First Amendment is hereby amended in its entirety to read as set forth in Attachment
2 hereto which is incorporated herein by the reference.
SECTION 9. Amendment to Exhibit D-2. Exhibit D-2 to the Acquisition Agreement is
hereby amended in its entirety to read as set forth in Attachment 3 hereto which is
incorporated herein by the reference.
SECTION 10. Effect of this Second Amendment on the Other Terms and Provisions
of the Acquisition Agreement. All terms and provisions of the Acquisition Agreement
5
5-1'1
and First Amendmcnt therelo shall remain in flit! force and legal dEect except as
expressly amended by the provisions ol'this Second Amendment.
SECTION 11. General Pl"Ovisions
(a)
(b)
(c)
Thc Acquisition Agreement as amendcd by the First Amendment and this
Second Amendment and the agreements expressly referred to herein
contain all of the agreements of the parties hereto with respect to the
matters contained herein and all other prior and contemporaneous
agreements, representations, negotiations and understandings of the parties
hereto, oral or written, are hereby superseded and merged herein. No
provision of this Second Amendment may be modified, waived, amended
or added to except by a writing signed by the party against which the
enforcement of such modification, waiver, amendment or addition is or
may be sought.
This Second Amendment has been reviewed by legal counsel for City and
Developer and shall be deemed for all purposes to have been jointly
drafted by City and Developer. No presumption or rule that ambiguities
shall be construed against the drafting party shall apply to the
interpretation or enforcement of this Second Amendment. The language
in all parts of this Second Amendment, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or
against any party and consistent with the provisions hereof, in order to
achieve the objectives of the parties hereunder. The captions of the
sections and subsections of this Second Amendment are for convenience
only and shall not be considered or referred to in resolving questions of
construction.
Except as expressly provided otherwise in this Second Amendment, all
provisions of Sections 22 through 34 of the Acquisition Agreement and
First Amendment shall apply to this Second Amendment.
[Remainder of this page intentionally left blank]
6
5~15
IN WITNESS WHEREOF the parties hereto have executed this Second Amendment on the date
above written.
"CITY"
CITY OF CHULA VISTA
STEPHEN C. PADILLA, MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:.
APPROVED AS TO FORM:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ANN MOORE, CITY ATTORNEY
CITY OF CHULA VISTA
STATE OF CALIFORNIA
"DEVELOPER"
THE EASTLAKE COMPANY, LCC,
'"""7;' li~
:~U,~~/~
Title: () \ ~~ PrhMif
7
5- 7(0
CALiFORNIA AU.-PURPOSE ACKNOWLEDGMENT
State of California
County of --~~_~n
- ~- } ss.
to be the perso@ whose nam@ is~
subscribed to the within inst ent and
acknowledged to me that he/ executed
the Siin his/h heir author
capacit. and that y his/he eir
signatur (s) n the instrument the pers s
the entit pon behalf of which the pers
acted, executed the instrument
WITNESS my hand and officiai seal.
~kd--) C. ~
""""""""'0'"01',
OPTIONAL
Though the information below I' not required by taw, it may prove valuable to pe"on, retylng on ttie document and could prevent
fraudulent cemoval and rea"actimenl of thl, form to anottier document
Description of Attached Document
Title or Type of Document .Ju-r~ fJmvuJ.ØVM-f -Þ ~~'fA.,1 ~~ 7,^,J-
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
T,p ot thomb hem
D Individual
D Corporate Officer - Tille(s):
[J Partner - D Limited D General
[J Attorney-in-Fact
I] Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
. "'" ""to", ""'0 A""""". ',"0 O,SotoA.. , '°. '0< "". Ch,"wo,", CA""""02'ww,"'",'"",o.m,
',,"No5907
R"",,C,"'o"-F"'1-6oo.07'.6827
71
ATTACHMENT NO.1
Amended - Exhibit" A"
AcQ!JISITION AND FINÁNCING AGREEMENT FOR CFD 06-1
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
Improvement Improvement Description I Cost Estimate2
Number
I Traffic Enhancement Improvements $ 1,000,000.
2 East Olympic Parkway 4,478,776
3 East Olympic Parkway Landscaping 2,148,229
4 West Olympic Parkway 13,169,492
5 West Olympic Parkway Landscaping 3,297,106
6 Hunte Parkway 1,565,687
7 Otay Lakes Road between H and Telegraph 1,603,680
8 Otay Lakes Road between Hunte Parkway and Crest Drive 5,664,143
9 Otay Lakes Road Landscaping 1,531,072
10 EastLake Parkway/Otay Lakes Road adjacent to 1,050,000
Eastlake Village Center
11 EastLake Parkway Improvements 4,398,540
12 EastLake Parkway Landscaping 839,451
13 Proctor Valley Road 1,000,000
14 Telegraph Canyon Road Widening/Traffic Improvements 2,700,000
15 Sewer along EastLake Parkway 1,200,000
16 Traffic Signal - Hunte Parkway at Clubhouse Drive o
17 Traffic Signal - Hunte Parkway at Kingcreek o
18 Traffic Signal - Hunte Parkway at Oak Springs 92,500
19 Traffic Signal - Hunte Parkway at Stonegate Street 92,500
20 Traffic Signal - Hunte Parkway at Elementary School 115,000
21 Traffic Signal - Hunte Parkway at Olympic Parkway 185,500
22 Traffic Signal- Lane Avenue at Fenton Street 77,500
23 Traffic Signal - Olympic Parkway at Land Swap commercial 141,500
entrance
24 Traffic Signal - Traffic Signal - Olympic Parkway at Eastlake 209,000
Parkway
25 Traffic Signal- Olympic Parkway at Brookfield Shea West 99,500
Entrance
26 Traffic Signal - Olympic Parkway at Brookfield Shea East 108,000
Entrance
27 Traffic Signal - Olympic Parkway at Olympic Vista 92,500
28 Traffic Signal- Olympic Parkway at Cl and OTC entrance 185,000
29 Traffic Signal - Olympic Parkway at Hotel entrance 185,000
30 Traffic Signal - Olympic Parkway at Wueste Road South 92,500
31 Traffic Signal - Olympic Parkway at Wueste Road North o
IMPROVEMENT DESCRIPTION AND ESTIMA TED COSTS
A-I
1'8
-- --------------_._____n._____--------~--
[mprovement Improvement Description I Cost Estimalc2
Number
32 Traffic Signal- Otay Lake Road/Woods Drive 134,000
33 Tramc Signal - Otay Lake Road/Lake Crest Drive l~~
34 Traffic Signal - Otay Lakes RoadlFenton Street 124,000
35 Traffic Signal - Eastlake Parkway/Fenton Street 124,000
36 Traffic Signal - Eastlake Parkway/Miller Street 124,000
37 Traffic Signal - Eastlake Parkway/R-26 124,000
38 Traffic Signal - Eastlake Parkway North Commercial entrance 185,000
39 Tramc Signal - Eastlake Parkway South Commercial entrance 190,000
40 Tramc Signal - Woods/Vistas Traffic Count Stations 135,000
Totals $48,586,176
Sources: Developer, McGill Martin Self, Inc. amended 8/18/03.
1/ The description of the Improvements set forth in this Exhibit "An is preliminary and
general. The final plans and specifications may show substitutes or modifications to the
proposed Improvements and proposed Improvements may be added or deleted with the consent
of Developer and the City Engineer. Components of all roadway improvements eligible for
funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry
utilities within the right-of-way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk,
medians, (vi) traffic signals (except where such traffic signals are identified as separate
Improvements), (vii) lighting, and (viii) all other appurtenant improvements. Eastlake Parkway
roadway Improvement excludes the sewer component identified as Improvement 15.
2/ Cost estimates are preliminary and may be modified from time to time with the consent
of Developer and the City Engineer.
3/ Cost estimate for the Traffic Enhancement Improvements constitutes the estimated
amount to be reserved out of the proceeds of the Bonds equivalent to the Developer's Fair Share
of the cost of construction of the Telegraph Canyon Roadway Improvements as established
pursuant to the provisions of the Telegraph Canyon Traffic Enhancement Agreement. Such
amount shall be subject to revision pursuant to the provisions hereof, the Telegraph Canyon
Traffic Enhancement Agreement and any Future Traffic Enhancement Agreement.
C:\Documents and Settings\donnas\My Documents\Donnas\CFD 061 Second Amendment to Acq Fin Agmt
REV.doc
FINAL 2/4/04
A-2
~7Cj
ATTACHMENT NO.2
EXHIBIT "D-l"
BASE INCREMENT
PAYMENT REQUEST NO. -
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount of
$ for the Base Increment of the Purchase Price of the Improvements (as defined in
the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in
Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies,
represents and warrants to the City as follows:
A. He (she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. The Improvements that are the subject of this Payment Request have been
substantially completed in accordance with Exhibits A and B.
C. This request for payment of the Base Increment for the Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which
payment is requested hereby are eligible costs (as permitted in the Agreement) and
have not been inflated in any respect. The Base Increment for which payment is
requested has not been the subject of any prior payment request paid by the City.
D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
E. Supporting documentation (such as third party invoices, change orders and checks) is
attached with respect to each cost for which payment is requested.
F. The Improvements for which payment is requested were constructed in accordance
with the requirements ofthe Agreement.
G. Developer is in compliance with the terms and provisions ofthe Agreement.
H. No mechanics liens or other encumbrances have attached, or to the best knowledge
of Developer, after due inquiry, will attach to the Improvements.
I.
A copy(ies) of the letter(s) of unconditional lien release for the Improvements for
which payment is requested is included in this request. Alternatively, a copy of a
letter of conditional lien release for the Improvements for which payment is
D-l-l
:; - <6IJ
requested together with a letter from the contractor(s) stating that they have been paid
in full by the Developer for the Improvements for which payment is requested may
be included in this request.
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated:
CITY
Payment Request Approved for Submission
to Director of Finance
Director of Engineering
Dated:
D-I-2
~~/
ATTACHMENT 1 to Exhibit "D-!"
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO.-
Improvement Cost Estimate Base Increment Disbursement
Requested
[List here all Improvements for which payment is requested, and
attach supporting documentation.]
D-I-3
5- ~J-
ATTACHMENT NO.3
EXHIBIT "D-2"
RETAINED INCREMENT
PAYMENT REQUEST NO. -~
(IMPROVEMENT OTHER THAN TRAFFIC ENHANCEMENT IMPROVEMENT)
The undersigned (the "Developer") hereby requests payment in the total amount of
$ for the Retained Increment of the Purchase Price of the Improvements (as defined
in the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and
Developer and described in Exhibit A to that Agreement), all as more fully described in
Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies,
represents and warrants to the City as follows:
A. He (she) is a duly authorized representative or signatory of Developer, qualified to
execute this Payment Request for payment on behalf of Developer and is
knowledgeable as to the matters set forth herein.
B. Developer has submitted or submits herein to the City, if applicable, as-built
drawings or similar plans and specifications for the Improvements and such drawings
or plans and specifications, as applicable, are true, correct and complete.
C. The Purchase Price for the Improvements has been calculated in conformance with
the terms of the Agreement. All costs for which payment is requested hereby are
eligible costs (as permitted in the Agreement) and have not been inflated in any
respect. The Retained Increment for which payment is requested has not been the
subject of any prior payment request paid by the City.
D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIF's) and
detailed backup and cost breakdown is provided supporting each item.
E. Supporting documentation (such as third party invoices, change orders, unconditional
lien releases and checks) is attached with respect to each cost for which payment is
requested.
F. The Improvements for which payment is requested were constructed in accordance
with the requirements of the Agreement.
G. Developer is in compliance with the terms and provisions of the Agreement.
H. No mechanics liens or other encumbrances have attached, or to the best knowledge
of Developer, after due inquiry, will attach to the Improvernents.
D-2-1
5-g3
I hereby declare under penalty of perjury that the above representations and warranties are true
and correct.
DEVELOPER:
Dated;
CITY
Payment Request Approved for Submission
to Director of Finance
Director of Engineering
Dated;
D-2-2
5,8f
ATTACHMENT 1 to Exhibit "0-2"
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. ~
Improvement Purchase Prié"e- ~Base Retained Disbursement
Increment Increment Requested
[List here all Improvements for which payment is requested, and
attach supporting documentation.]
D-2-3
5-2?S
COUNCIL AGENDA STATEMENT
Meeting Date
Item {ç
04/27/2004
ITEM TITLE:
Resolution Waiving the consultant selection process and
approving contractual agreement with South Bay Community Services to
continue to provr' e youth counseling services.
SUBMITTED BY: Chief of Police
REVIEWED BY: City Manager (4/5th Vote: Yes..x... No-",
Since FY 1985-86, South Bay Cornmunity Services has provided the City with juvenile counseling
services. The attached contract formally continues those services to be provided which includes a
Youth Counseling Program, a Runaway Juvenile Case Management and Homeless Youth Outreach
Program. The contract is a standard two-party agreement that has been approved as to form by the
City Attorney. The proposed contract will expire on June 30, 2005, and may be extended an
additional four years upon mutual agreement.
RECOMMENDATION: Council adopts the resolution waiving the consultant selections process
and approve the contractual agreement with South Bay Community Services to provide youth
counseling and community outreach services.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: South Bay Community Services (SBCS) and the Juvenile Division of the Police
Department have worked together since 1985 providing a variety of services for juveniles and their
families. The proposed contract with SBCS will continue this relationship and formalize the
agreement to provide the following services:
. A minimum of 80 hours per week Youth and Family Development Associate time - These
associates will work with juveniles who have been contacted, detained, or taken into custody
by police officers for minor non-violent offenses such as vandalism, curfew, burglary, petty
thefts, etc. Last year, this component of the program provided assistance to over 787
juveniles. This program has a 95% success rate which results in a low 5% recidivism rate.
. Management of reported cases of runaway juveniles. The counselors track the status of the
case and offer counseling and intervention services to the juveniles and their families. Last
year they managed 349 runaway cases.
. Other services include anger management instruction, educational assistance, parenting
classes, and substance abuse counseling.
.
Confidential progress reports will be issued at quarterly and annual intervals.
South Bay Community Services has provided the City with on-site counseling, diversion and referral
(p -I
Page 2, Item L
Meeting Date 04/27/2004
services since 1985. Funds for these services have been appropriated annually through the budget
process. SBCS has tailored their programs to meet the needs of the City. Their experience,
qualifications and community presence makes them a unique service provider. The Police
Department does not have comparable staff or expertise to provide adequate similar services.
SBCS employees have all completed pre-employment testing and have a bachelor's degree or
equivalent experience in the counseling field. Since these employees are located at the Police
Department facility, they undergo a background check, which is performed by Police Department
staff.
SBCS provides local youth counseling services approved by the County of San Diego court system.
No other service provider has expressed an interest in providing these services and the City is not
aware of alternate services capable of meeting the City's youth counseling and community outreach
requirements. For these reasons, staff recommends that the City's normal consultant selection
process be waived.
The proposed contract is effective 07/01/2003 and will expire on June 30, 2005, and may be
extended an additional four years upon mutual agreement.
COST EFFECTIVENESS
Staffhas previously evaluated the possibility of providing this program in-house and determined it is
more cost effective to contract this specialized service. SBCS provides a minimum of80 hours per
week of a Youth Family Associates time, supervision, training, and the services and supplies
necessary to support a youth counseling and outreach program. From a technical perspective, the
department is not prepared, nor has the expertise to start a youth counseling and outreach program.
From a financial perspective, the startup costs for such a program would approach $300,000, with a
conservative estimate for ongoing costs of $240,000.
FISCAL IMPACT: The contract amount of $119,520 has already been appropriated for this
program; therefore no Council appropriation is necessary at this time. Funds for subsequent years
will be appropriated through the normal budget process.
b-r
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA W AWING THE CONSULTANT SELECTION
PROCESS AND APPROVING CONTRACTUAL AGREEMENT
WITH SOUTH BAY COMMUNITY SERVICES TO CONTINUE
TO PROVIDE YOUTH COUNSELING SERVICES.
WHEREAS, since FY 1985-86, South Bay Community Services has provided the
City with quality juvenile counseling services; and
WHEREAS, South Bay Community Services has tailored their programs to meet
the needs of the City and their experience, qualifications and community presence makes them a
unique service provider; and
WHEREAS, the cost for providing the same level of service "in-house" would be
prohibitive; and
WHEREAS, the Police Department has been satisfied with the level of service and
professionalism from South Bay Community Services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby waive the consultant selection process and approve the contractual
agreement with South Bay Community Services to continue to provide youth counseling
services.
.,Jb; ~ ~ '"
Chief of Polite
Approved as to form by
~~¥~
City Attorney
Presented by
(p,8
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-() Œ1AJ-. ~ t :
Ann More A'\. .
City Attorney
Dated: ~ ~?-I ~oóLI
Agreement between the City of Chula Vista
And South Bay Community Services
For Youth Counseling Services
&~Lf
Agreement between
City of Chula Vista
and
South Bay Community Services
for Youth Counseling Services
This agreement ("Agreement"), dated 04/27/2004 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified
in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, since FY 1985-86, the City has contracted with South Bay Community
Services to provide juvenile services; and,
Whereas, Consultant warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms
and conditions of this Agreement.
Page 1
&,5
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of
Work and Schedule", not inconsistent with the General Duties, according to, and within the
time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are
identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of
the essence of this agreement. The General Duties and the work and deliverables
required in the Scope of Work and Schedule shall be herein referred to as the "Defined
Services". Failure to complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon
doing so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultant, Consultant shall perform same on a time and materials basis at the
rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care
Page 2
(.p~~
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub consultants employed by
it in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that have a Best's Rating
of "A, Class V" or better, or shall meet with the approval of the City:
Consultant must procure insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance ofthe work
under the contract and the results of that work by the consultant, his agents,
representatives, employees or subcontractors and provide documentation of same prior to
commencement of work. The .insurance must be maintained for the duration of the
contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOO01) in the amount set forth in Exhibit A, Paragraph 9.
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance in the amount set forth in the attached Exhibit A,
Paragraph 9.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
consultant's profession. Architects' and Engineers' coverage is to be endorsed
to include contractual liability in the amount set forth in Exhibit A, Paragraph 9.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
Atthe option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the consultant will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
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Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insured with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the consultant,
where applicable, and, with respect to liability arising out of work or operations
performed by or on behalf of the consultant's including providing materials, parts
or equipment furnished in connection with such work or operations. The general
liability additional insured coverage must be provided in the form of an
endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its
equivalent.
2. The consultant's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested.
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 Section 2782 of the
Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If Errors & Omissions coverage are written on a claims-made form:
1.
The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective
date, the Consultant must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of contract work.
A copy of the claims reporting requirements must be submitted to the City
2.
3.
4.
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for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current A.M. Best's rating of no less than A-V. If the insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible
Surplus Lines Insurers (LESLI) and be AM. Best's rated A-V.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements or policies conform to the contract
requirements. All certificates and endorsements are to be received and approved by the
City before work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insured under its policies or furnish
separate certificates and endorsements for each sub-consultant. All coverage for sub-
consultants is subject to all of the requirements included in these specifications.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
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. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form prescribed by the 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,
http://www.fms.treas,Qov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the 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. Form must be satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued
by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
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(3) Other Security
In the eventthat Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein listed
in a form and amount satisfactory to the Risk Manager or City Attorney.
I.
Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and materials set forth
on Exhibit A, Paragraph 1O, and with the further understanding that delay in the provision
of these materials beyond 30 days after authorization to proceed, shall constitute a basis
for the justifiable delay in the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the
requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
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Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
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4. Term.
This agreement shall terminate on June 30, 2004 and may be extended an
additional four years, upon mutual agreement of both parties, based upon a market
assessment of no other qualified service providers; provided however (a) the effectiveness
of this Agreement for the fiscal year commencing July 1, 2003 shall be contingent upon
City's appropriation, in its sole discretion, of the necessary funds therefore; and (b)
Consultant's obligations under Section 7 hereof shall survive such termination.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
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6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
if Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provision~, and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such reporting categories as are
specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the
City Attomey.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Fiier, Consultant shall
not make, or participate in making or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney of
City if Consultant learns of an economic interest of Consultant's that may result in a conflict
of interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
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F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2 radial
miles from the exterior boundaries of any property which may be the subject matter of the
Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant
or Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) arising out of or alleged by third
parties to be the result of the negligent acts, errors or omissions or the willful misconduct of
the Consultant, and Consultant's employees, subcontractors or other persons, agencies or
firms for whom Consultant is legally responsible in connection with the execution of the
work covered by this Agreement, except only for those claims, damages, liability, costs and
expenses (including without limitations, attorneys fees) arising from the sole negligence or
sole willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees. which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
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arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Consultant's obligations under this
Section shall not be limited by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the termination ofthis Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1.
Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed to
be caused by the acts or omissions of the Consultant, or Consultant's employees, agents,
and officers, arising out of any services performed involving this project, except liability for
Professional Services covered under Section X.2, the Consultant agrees to defend,
indemnify, protect, and hold harmless the City, its agents, officers, or employees from and
against all liability. Also covered is liability arising from, connected with, caused by, or
claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third
party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its
agents, officers or employees. This section in no way alters, affects or modifies the
Consultant's obligation and duties under Section Exhibit A to this Agreement.
2.
Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers
and employees from and against any and all liability, claims, costs, and damages, including
but not limited to, attorneys fees, losses or payments for injury to any person or property,
caused directly or indirectly from the negligent acts, errors or omissions of the Consultant
or Consultant's employees, agents or officers; provided, however, that the Consultant's
duty to indemnify shall not include any claims or liability arising from the negligence or
willful misconduct of the City, its agents, officers and employees.
8. Termination of Agreement for Cause
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If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice ofTermination, not to exceed the amounts
payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and
other materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as setforth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted
Subconsultants" .
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12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written consent
of City. City shall have unrestricted authority to publish, disclose (except as may be limited
by the provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any other
payroll tax, and Consultant shall be solely responsible for the payment of same and shall
hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as iffully set forth herein, and such policies and procedures
used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
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reasonable. attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document .in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Otherwise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places
of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in writing
executed by the party against which enforcement of such amendment, waiver or discharge
is sought.
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E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
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F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws òf
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California,
and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
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Signature Page
to
Agreement between City of Chula Vista and South Bay Community Services
for Youth Counseling Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2004
City of Chula Vista
by:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
By:
rvices
-. ~
ð-è~ Lr:~2<
mbo
irector
Exhibit List to Agreement
(X)
Exhibit A.
Page 18
~ ' ;;:;;)..
Exhibit A
to
Agreement between
City of Chula Vista
and
South Bay Community Services
1. Effective Date of Agreement:O7/01/2003
2. City-Related Entity:
(X)
City of Chula Vista, a municipal chartered corporation of the State of
California
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant: South Bay Community Services
5.
Business Form of Consultant:
(X) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
1124 Bay Blvd, Suite D
Chula Vista, California 91911
Voice Phone (619) ~1.~. ð1JD
Fax Phone (619) /.I. 0- :J
7. General Duties: Youth Counseling Services
8. Scope of Work and Schedule:
A.
Detailed Scope of Work: Provide assessment and treatment plan
services to juvenile offender first referrals following arrest and
runaways. Provide individual, family and/or group counseling
services to youth and families that are referred through the juvenile
diversion program. Other services may include parenting classes,
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substance abuse counseling, mediation, educational assistance, and
anger management instruction
Provide for a three-month and six-month follow-up by phone or mail to
see if clients are following through with their contract obligations. In
addition to the follow-up contracts, records will be kept by logging
cases on a master list and providing monthly statistics.
Provide for crisis intervention by telephone and meetings for families in
need of immediate services for mediation and counseling.
Provide monthly invoice for counseling and outreach services
rendered.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 07/01/2003
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Provide quarterly and yearly reports on status of programs; Runaway and
Homeless Outreach; Youth Diversion Program.
D. Date for completion of all Consultant services:
Upon compliance with all executory provisions herein.
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9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $119,520, payable as follows:
Monthly installments of $9.960 per month.
13. Contract Administrators:
City: Lieutenant Tro Peltekian, Invesigations Division
Police Department
276 4th Avenue
Chula Vista, CA 91910 (619)585-5670
Consultant: Kathryn Lembo, Executive Director
1124 Bay Blvd, Suite D
Chula Vista, California 91911
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14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
(X) Monthly
B. Day of the period for submission of Consultant's billing:
(X) First of the Month
C. City's Account Number: 100-1030-5201
19. Security for Performance
None Required.
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COUNCIL AGENDA STATEMEN1
Item:l-
Meeting Date: 4/27/04
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista approving
agreement between the City of Chula Vista and RBF Consulting to
provide professional planning services and amending fiscal year 2005
Spending Plan of the Planning and Building Department to add $125,000
in expenditures and appropriating $125,000 in offsetting revenues to be
funded by developer deposits.
Di=tm ofPI~ BillJdi°Jf'
City Manager-1~/ (4/5ths Vote: Yes~ No_)
ITEM TITLE:
REVIEWED BY:
The Planning and Building Department is requesting approval of a three-year contract agreement
with RBF Consulting, a professional planning-consulting firm, to support the high level of
application activity in the Development Services Section of the department. Staff is also
requesting an amendment to the fiscal year 2005 Spending Plan of the Planning and Building
Department to add $125,000 in expenditures and $125,000 in offsetting revenues to be funded by
developer deposits.
ENVIRONMENTAL:
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION:
That the City Council adopts the Resolution approving a three-year agreement with RBF
Consulting for professional planning services and amending the fiscal year 2005 Spending Plan
of the Planning and Building Department to add $125,000 in expenditures and $125,000 in
offsetting revenues to be funded by developer deposits.
DISCUSSION:
Planning applications activity in the City of Chula Vista continues to be at a high level. The
Development Services section of the Planning and Building Department is currently processing
70 to 80 discretionary applications (design review, conditional use permits, variances etc.) at any
given time. Given the current level of applications, planning staff can occasionally be
overwhelmed with applications, which could potentially lower the quality of projects and
1-1
Page 2, Item No.:--L
Meeting Date: 4/14/04
customer service. The current uncertainty over the State of California budget and potential
impacts on local government favors our utilizing temporary staffing to handle increased
workload, therefore the hiring of a planning consulting firm to provide periodic relief appears to
be the best solution to maintain adequate customer service level.
The three (3) year agreement with the Planning firm will allow the Planning and Building
Department to use the services of this firm to balance the workload in the Development Services
section. RBF planners will work on full cost recovery projects to insure that their services are
paid by the project proponents.
The Planning and Building Department issued a request for proposals (RFP) in February, 2004.
Staff received fifteen requests for the RFP package, but only one responsive and responsible
proposal was received by the deadline established in the RFP. That respondent was RBF
Consulting. The committee evaluated the proposal using the criteria set forth in the RFP, and
compared the cost of the consultant's services to the cost the City would incur providing the
same services and found them to be comparable. Such a favorable comparison ensures the
developer pays the same for the services, whether City staff provides the services or the
consultant provides the services.
The proposal submitted by RBF provided examples of various types of projects that they have
processed for other local jurisdictions, and demonstrated a familiarity with a range of planning
issues that they would be expected to deal with in here in Chula Vista. Examples included
general and specific plan amendments, rezones, precise plans and special area studies. Some of
these examples were projects that RBF had done for the City of Chula Vista and reinforced
staffs recommendation that they be selected since their experience with the City's regulations
means they would not need an extended training or orientation period to become fully functional.
The proposed contract has been reviewed by the City Attorney and approved as to form. The
contract is structured to allow the City, at its sole discretion, to terminate a contract any time
after having given the consultant 30 days notic,e. The decision to use the services of the
consultant rests solely with the City and will be made on a case-by-case basis by the Director of
Planning and Building.
FISCAL IMPACT:
All costs of planning services, whether performed by the City or the City's consultant are borne
by the applicant in the form of planning fee deposits. The planning fee deposits are established
at the beginning of the application process to ensure the applicant pays the actual cost of the staff
time required to process the planning application, at full cost recovery rates. The cost to the
applicant is the same, whether City staff or consultants provide the service.
For the remainder of fiscal year 2004, staff estimates the Planning & Building Department
budget will absorb the cost of Consultant's services, given they will be offset by developer
deposits. Staff requests Council amend the fiscal year 2005 spending plan to add $125,000 in
expenditure budget for consultant consulting services and $125,000 in offsetting planning
1,).
Page 3, Item No.:L
Meeting Date: 4/14/04
deposit revenues. To the extent services are not used, neither the expenditures nor revenues will
be realized.
Over the past year, the City has paid RBF Consulting $240,800 for various planning services,
including work on the General Plan Update.
Attachment I: RBF Agreement
J:\PlanninglLuis\RBF Planning Services AIl3 - rev.doc
1-3
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RBF CONSULTING TO PROVIDE PROFESSIONAL PLANNING SERVICES
AND AMENDING FISCAL YEAR 2005 SPENDING PLAN OF THE PLANNING
AND BUILDING DEPARTMENT TO ADD $125,000 IN EXPENDITURES AND
APPROPRIATING $125,000 IN OFFSETTING REVENUES TO BE FUNDED BY
DEVELOPER DEPOSITS
Whereas, the Director of Planning and Building was advised of the increasing activity in
planning projects west of the I-80S and the need to keep staff workload to manageable levels; and
Whereas, the Director of Planning and Building directed staff to seek professional municipal
planning services for the project workload overflow; and
Whereas, in February 2004, City advertised a Request for Proposals (RFP)in accordance
with City Ordinance 2766 Section 2.56.070 Purchasing System, and RBF Consulting submitted the
most responsible and responsive proposal for said services; and
Whereas, Consultant has performed satisfactorily in providing other planning services for
the City in the past and present; and,
Whereas, Consultant's billing rates are fair and enable the City to offer the services to
customers at the same cost they would pay if the City provided the services with City staff; and
Whereas, Consultant will be assigned to projects with deposit accounts and all consultant
expenditures will be fully reimbursed by offsetting revenues from the deposit accounts.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula
Vista does hereby approve the resolution approving the Agreement between the City of Chula Vista
and RBF Consulting.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista does hereby
amend the fiscal year 2005 Spending Plan of the Planning and Building Department to add
$125,000 in expenditures and $125,000 in offsetting revenues to be funded by developer deposits.
Presented by
Approved as to form by
~~<~
Jim Sandoval
Planning and Building Director
City Attorney
JWlanninglLuislRBF Pig Svc Reso.doc
1-~
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~C-
, Ann MOO~
City Attorney
Dated: 1--- 2/- 0 f
Agreement between the City' of Chula Vista
And RBF Consulting for
Municipal Planning Services
1.5
Parties and Recital Page(si
Agreement between
City of Chula Vista
and
RBF Consulting
for Municipal Planning Services
This agreement ("Agreement"), dated 4/15/04 for the purposes
of reference only, and effective as of the dat~.last executed
unless another date is otherwise specified in Exhibit A, Paragraph
1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on
Exhibit A, paragraph 3, and the entity indicated on the attache d
Exhibit A, paragraph 4, as Consultant, whose business form is set
forth on Exhibit A, -paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following factI!!
Recitals
Whereas, the Director of Planning and Building was advised
of the increasing activity in planning projects west of the 1-805
and the need to keep staff workload to manageable levels; and
Whereas, the Director of Planning and Building directed
staff to seek professional municipal planning services for the
project workload overflow; and
Whereas, in February 2004, City advertised a Request for
Proposals (RFP) in accordance with City Ordinance 2766 Section
2.56.070 Purchasing System; and,
Whereas, Consultant submitted the most responsible and
responsive proposal for said services; and
Whereas, Consultant has performed satisfactorily in
providing other planning services for the City in the past and
present; and,
Whereas, Consultant's billing rates are fair and enable the
City to offer the services to customers at the same cost they
would pay if the City provided the services with City staff; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
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prepare and deliver the services required of Consultant to City
withln the tlme frames herein provided all In accordance with the
terms and conditions of this Agreement;
(End of Recitals.
Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows;
1.
Consultant's Duties
A.
General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B.
Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C.
Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D.
Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
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"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E.
Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F.
Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City in the same manner as
members of the general public (""Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G.
Proof of Insurance Coverage.
(1)
Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
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demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2 )
Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H.
Security for Performance.
(1)
Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorneyl which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2 )
Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
1. The City Attorney's Office prefers that you obtain approval
of the surety or bank, the form of the security and the amount of
the security from the Risk Manager in the first instance and not
the City Attorney. The City Attorney's office would be available
on such risk issues as an alternate only if the Risk Manager is
unavailable and the matter can't wait.
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amount is indicated in the space adjacent to the term,
Credit", in sald Paragraph 19, Exhibit A.
"Letter of
(3 )
Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2.
Duties of the City
A.
Consultation and Cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B.
Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
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19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3.
Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5.
Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
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and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6.
Financial Interests of Consultant
A.
Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none-are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
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Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F.
Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, (" Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7.
Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
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and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability,
costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct
of the City, its officers, employees. Also covered is liability
arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City,
its agents, officers, or employees which may be in combination
with the active or passive negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third
party.
With respect to losses arising from Consultant's professional
errors or omissions, Consultant shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages,
liability, cost and expense (including without limitation
attorneys fees) except for those claims arising from the
negligence or willful misconduct of City, its officers or
employees.
Consultant's indemnification shall include any and all costs,
expenses, attorneys fees and liability incurred by the City, its
officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's
obligations under this Section shall not be limited by any prior
or subsequent declaration by the Consultant. Consultant's
obligations under this Section shall survive the termination of
this Agreement.
8.
Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
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satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9.
Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10.
Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives "any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11.
Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12.
Ownership, Publication, Reproduction and Use of Material
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All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13 .
Independent Contractor
City is interested only in the results obtained and
Consultant shall perfor~ as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14.
Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
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15.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17.
Miscellaneous
A.
Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C.
Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
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t"J-/<6
D.
Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E.
Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F.
Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page.
next page is signature page.]
2ptyRBFPlanningServices.doc
April 15, 2004
- 14 -
'7-¡C¡
Signature Page to
Agreement between City of Chula Vista and RBF Consulting
for Municipal Planning Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
, 2004
City of Chula Vista
by:
Stephen C. Padilla, Mayor
Approved as to form:
Ann Moore, City Attorney
Dated:
RBF Consulting
By: ~þ~.~~
Ricnard A. Rubin
Senior Vice President
Exhibit List to Agreement
(X ) Exhibit A.
2ptyRBFPlanningServices.doc
April 15, 2004
- 15 -
rJ-J.D
Exhibit A
to
Agreement between
City of Chula Vista
and
RBF Consulting
For Municipal Planning Services
1.
Effective Date of Agreement:4j15j04
2.
City-Related Entity:
(X)
City of Chula Vista, a municipal chartered corporation
of the State of California
( )
Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( )
Industrial Development Authority of the City of Chula
Vista, a
( )
Other:
[insert business form]
, a
("City")
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
RBF Consulting
5.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
9755 Clairemont Mesa Boulevard, Suite 100
2ptyRBFPlanningServices.doc
April 15, 2004
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fl-d-!
San DIego, CA 92124-1324
Voice Phone (858)614-5000
Fax Phone (858)614-5001
7. General Duties: The Consultant shall provide profes sional
municipal land-use planning services. As directed by City staff,
consultant shall, perform professional planning work on complex
projects; research, analyze, and prepare recommendations, and
coordinate the work of other professional and technical staff on
such assigned projects; and to do related work as required, all to
the satisfaction of the Director of Planning and Building.
8.
Scope of Work and Schedule:
A.
Detailed Scope of Work:
1.
Task 1 - Conduct independent review and detailed
analysis of simple to complex development
proposals, involving Design Review, Conditional
Use Permit, Variances, Tentative Subdivision
Map, Rezones, Specific Plans, and other similar
development applications.
2.
Task 2 - Coordinate input from city departments
and state and federal agencies. Also, conduct
field surveys, construction inspections and
other related tasks as necessary and as directed
by city staff. Attend all meetings with
applicants, applicant's consultants and city
staff as City determines to be necessary to
complete the project.
3.
Task 3 - Prepare staff reports, resolutions,
ordinances and other related documents for the
Design Review Committee, Planning Commission,
City Council and other decision making bodies.
Also, prepare Power Point presentations and
present the project to committees, commissions,
city council, citizen planning groups and other
organizations.
4.
Task 4 - Prepare detailed processing schedules
using Microsoft Project to establish major and
minor milestones, required planning process and
target completion of projects. After completion
2ptyRBFPlanningServices.doc
April 15, 2004
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'7- ?::J-
of projects, and close files as directed by City
staff.
B.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C.
Dates or Time Limits for Delivery of Deliverables:
Delivery No1 - Initial Evaluation Report
Consultant will conduct an initial evaluation of the assigned
project proposal, including, but not limited to: 1) preparation
of planning comments, visit to project site to verify accuracy of
drawings and surroundings context; 2) when necessary, conduct
research to establish conditions and/or development
recommendations; and 3) meet and confer with other City staff to
coordinate resolution of issues. After the Initial Evaluation,
Consultant will also compile comments from other individuals and
Departments and prepares a written report and project processing
schedule (including tentative public hearing dates) in adopted
City format to be reviewed by Development Service supervisor and
delivered to applicant within three (3) weeks from initial
submittal, or the time frame agreed upon by the City and the
applicant.
Deliverable No.2 - Re-submittal Evaluation report
After receiving revised project re-submittal, consultant reviews
the revised project and prepares comments on the revised plans,
if deemed necessary by City staff. If revisions are complete and
the project is ready for public hearings, consultant commences
preparation of proj.ect condition of approval. Conditions of
approval will be submitted to City's Development Services
supervisor for review prior to discussing them with the
applicant. If project requires additional modifications,
consultant prepares a second evaluation report within the time
frame specified in a previously prepared processing schedule
Deliverable No.3 - Mailing and Graphics Preparation
Consultant prepares and delivers the following items within the
time frames prescribed by the City's standard processing
schedule: 1) notices of public hearing (Spanish and English); 3)
reviews mailing list and determines if the mailing list is
accurate for the project; and 4) orders graphics and exhibits to
be included in the reports resolutions, ordinances, to the
2ptyRBFPlanningServices.doc
April 15, 2004
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1,J3
Advance Planning Section of the Plannlng and Bullding Department.
Ordinances
Consultant prepares and delivers the following written documents
in the time frame specified in the City's standard processing
time frames: 1) for administrative items, consultant prepares a
zoning administrator letter; 2) for public hearing items,
consultant prepares a summary staff report, including report
graphics and support documentation; 3) prepares pertinent
resolutions, ordinances, including exhibits and other
attachments; 4) prepare a power point presentation for Planning
Commission, DRC and/or City Council; 5) prepares public hearing
presentation to corresponding decision making body.
Deliverable No.4 - Staff Report, Resolution and
--------- -.-..---------
Deliverable No.5 - Approval Letters and Closing File
After the public hearing, consultant will prepare a standard
approval/denial letter to the applicant stating the results of
the public hearing{s}. Also, have the file ready to be closed
after the appeal period expires.
D.
Date for completion of all Consultant services:
April 15, 2007. Should City and Consultant mutually
agree, the term of this agreement may be extended by City Council
approval for an additional three year term.
9.
Insurance Requirements:
Within 30 days of City Council approval of this agreement
Consultant shall provide proof of no less than the following
insurance and the accompanying Additional Insured Endorsement
naming the City of Chula Vista:
General Liability: $1,000,000 per occurrence with the City
named as an additional insured. If Commercial General
Liability Insurance with a general aggregate limit is used,
the general aggregate limit must be $2,000,000.
Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
Workers' Compensation:
Statutory
Employer's Liability:
$1,000,000 each accident; $1,000,000
2ptyRBFPlanningServices.doc
April 15, 2004
- 19 -
1~d'1
disease-policy limit; $1,000,000 disease
each employee.
Professional Liability or Errors & Omissions Liability:
$500,000 each occurrence; $1,000,000 policy aggregate.
Acceptability of Insurers: insurance is to be placed with
licensed insurers admitted to transact business in the State
of California with a current A.M. Best's rating of no less
than A-V. If insurance placed with a surplus lines insurer,
insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M
Best's rating of no less than A-X. Such insurance shall
remain in full force and effect for so long as Consultant
has executory obligations under this agreement.
10.
Materials Required to be Supplied by City to Consultant:
C.
Provide those items supplied by the applicant, to allow
planning services to be completed. This may include
complete plans, designated contact person, and any
items unique to a particular project.
Provide Consultant with copies of or refer Consultant
to any City ordinances modifying the regulations
adopted by the State of California.
Provide access to City's office facilities, files and
records as City deems applicable to projects assigned
to Consultant.
A.
B.
11.
Compensation:
A.
( )
Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount:
follows:
, payable as
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
B.
Phased Fixed Fee Arrangement.
Phase
Fee for Said Phase
2ptyRBFPlanningServices.doc
April 15, 2004
- 20 -
r¡ -;)5
1.
$
2.
$
3.
$
C.
(X) Hourly Rate Arrangement
For performance of the defined services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following rate schedule:
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Principal
$185
Project Director
164
Project Manager
126
Senior Planner
126
Landscape Architect
116
Project Planner
115
Environmental Specialist
115
Designer/Planner
95
Engineering Aid/Planning Aid
57
( X) Hourly rates may increase by up to 5% for services rendered
after April, 2005 if City determines in its sole discretion that
anyone of the following conditions has been met:
1)
Manufacturer or supplier price increases in the
service provided; or
2ptyRBFPlanningServices.doc
April 15, 2004
- 21 -
r¡-d~
2)
Governmental or regulatory agency increases to the
trade; or
Regional Consumer Price Index (CPT) increases to
the industry.
3 )
Any request for a price increase shall be substantiated with
documentation from a manufacturer, supplier, or governmental
agency and must be submitted in writing at least thirty (30) days
prior to the effective date of the increase. Overall increases
of greater than 5% from prior year prices will not be allowed.
12.
Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
(X)
( )
( )
( )
( )
( )
( )
( )
( )
None, the compensation includes all costs.
Cost or Rate
Reports, not to exceed $------:
Copies, not to exceed $------:
Mileage, not to exceed $
Printing, not to exceed $------:
Postage, not to exceed $------:
Delivery, not to exceed $------
Long Distance Telephone Charges,
not to exceed $------
Other Actual Identifiable Direct
not to exceed $
, not to exceed $
e
Costs:
13 .
Contract Administrators:
City:
John Schmitz, Principal Planner, Planning & Building
Department, 276 Fourth Avenue, Chula Vista, Ca 91910, 619-476-
5367, FAX 619-409-5861.
Consultant:
Stephen Wragg, Senior Associate, Planning, RBF Consulting,
9755 Clairemont Mesa Blvd., Suite 100, San Diego, CA 92124-1324,
858-614-5000, FAX 858-614-5001.
2ptyRBFPlanningServices.doc
April 15, 2004
- 22 -
'1,,~1
14.
Liquidated Dam3ges Rate,
) $----- per day.
) Other,-----____-
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( X) Not Applicable.
Not an FPPC Filer.
16.
) Consultant is Real Estate Broker and/or Salesman
17.
Permitted Subconsultants:
None.
18.
Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's
Billing: (X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( X) Other: Consultant's billing shall be detailed by
case file using its assigned deposit account number and case file
number, as assigned and provided by City.
C.
City's Account Number:
12533-6401
19.
Security for Performance
) Performance Bond, $
) Letter of Credit, $
) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
2ptyRBFPlanningServices.doc
April 15, 2004
- 23 -
r] ---;) g>
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
) Retention Percentage:
) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services to the
satisfaction of the City's Director of Planning
and Building.
( ) Other:
C,\Word\Contracts\2PtyRBFPlanningServices.doc
2ptyRBFPlanningServices.doc
April 15, 2004
- 24 -
íJ -d- '1
~,~
---
alYOF
CHUIA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item '6
Meeting Date 4/27/2004
Resolution Approving the Submittal of a Grant Application to.
the Department of Conservation Division of Recycling (DOR) for
$55,413 for Litter Reduction and Recycling Activities and Authorizing
the City Manager to Execute All Documents in Conjunction with
Implementing the Agreement.
Director, Conservation and Environmental Services Department~
Conservation Coordinator, Conservation and Environmental se~vi~~
City Manager ßJ (4/5ths Vote: Yes- NolO
BACKGROUND: The Beverage Container and Litter Reduction Act (AB 2020 and AB 28)
requires California businesses that sell beverages in aluminum, glass, plastic and bimetal
containers in the state to collect a deposit. Chula Vista consumers pay a deposit of 4 cents per
beverage container less than 24 ounces, and 8 cents per beverage container equal to or greater than
24 ounces, but less than a gallon. Consumers may obtain a refund on their deposit at certified
redemption centers throughout California. "Convenient Zone Centers," are also typically located
at grocery stores that do not have an alternate redemption center within a quarter mile. Chula
Vista has Convenient Zone Centers at sorne Ralph's, Food For Less and Vons grocery stores.
Historically, the deposit fund has carried a large annual surplus. The Beverage Container
Recycling and Litter Reduction Act mandates that the DOR use a portion of the funds
(approximately $10.5 million state-wide) to provide annual payments to local governments for
litter reduction and collection programs that encourage recycling. If the City does not accept the
funds allocated to the City in this cycle the portion allocated to Chula Vista will return to the states
beverage deposit fund.
RECOMMENDATION: Adopt the resolution as requested by the State and authorize the City
Manager to execute all documents in conjunction with payrnent and related programs.
BOARD/COMMISSIONS RECOMMENDATION: The programs outlined in the application
are part of the City's Integrated Solid Waste Management Plan that has been reviewed and
approved by the Resource Conservation Commission as part of the Source Reduction and
Recycling Element.
DISCUSSION: The California Beverage Container Recycling and Litter Reduction Act requires
the Division of Recycling to distribute a total of approximately $10.5 million per year to eligible
Cities and Counties for beverage container recycling and litter clean up activities. The Department
of Conservation is required to make the annual payments. Staff was aware of the proposed
payment and included the City's share ($55,413) as revenue in the 2004-2005 budget. The funds
will provide recycling education that: promotes curbside residential recycling; provides technical
assistance to businesses to expand their commercial recycling efforts; and implements recycling
and litter prevention at City facilities and special events. The proposed program is briefly outlined
't -I
Page 2, Item :;
Meeting Date 4/27/2004
in the State's abbreviated application (Attachment A).
The amount of funds allocated to the City ($55,413) are established by statute and based on
population. There is no sunset to the provision and the state anticipates the allocation remaining
stable for several years. No local matching funds are required by the State and none are
recommended. These funds will assist the City meet the state mandated landfill diversion
requirements (AB 939, the California Integrated Waste Management Act) by funding programs
that will increase the City's diversion of rigid containers: glass, aluminum, steel and plastic food
and beverage containers.
FISCAL IMPACT: The funds are awarded upon request and commitment to direct the funds to
recycling programs. The $55,413 will help the City implement litter reduction and recycling
programs and public education efforts for single-family dwelling, multi-family complexes and
businesses. The funds are considered supplemental and compliment the City Integrated Solid
Waste Management Plan, which is funded by AB 939 fees generated by Chula Vista solid waste
generators. There will be no impact to the general fund as a result of accepting these funds or
implementing the programs described.
Lf:doc/cas-crv grant
Attachment
g,~
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT
APPLICATION TO THE DEPARTMENT OF CONSERVATION
DIVISION OF RECYCLING (DOR) FOR $55,413 FOR LITTER
REDUCTION AND RECYCLING ACTIVITIES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING
THE AGREEMENT
WHEREAS, the Beverage Container and Litter Reduction Act require California
businesses that sell beverage containers in the state to collect a deposit and Chula Vista
consumers pay a deposit of 4~ per beverage container less than 24 ounces or 8~ per beverage
container equal to or greater than 24 ounces, but less than a gallon; and
WHEREAS, consumers may obtain a refund on their deposit at certified redemption
centers throughout California with "Convenient Zone Centers" typically located at grocery stores
that do not have an alternate redemption center within a quarter mile; and
WHEREAS, historically, the deposit fund has carried a large annual surplus; and
WHEREAS, the Beverage Container Recycling and Litter Reduction Act now mandates
that the DOR use a portion of the funds ($10.5 million state-wide) to provide annual payments to
local governments for litter reduction and collection programs that encourage recycling; and
WHEREAS, staff was aware of the proposed payment and included the City's share
($55,413) a revenue in the 2004-05 budget; and
WHEREAS, if the City does not accept the funds allocated to the City in this cycle or
future cycle, the portion allocated to Chula Vista will return to the state's beverage deposit fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the submittal of a Grant Application to the Department of
Conservation Division of Recycling (DOR) for $55,413 for Litter Reduction and Recycling
Activities.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all
documents in conjunction with the acceptance and execution of the grant.
Presented by
Approved as to form by
j)c.--..-. L . H---.... ,..",
Ann Moore
City Attorney
Michael Meacham
Special Operations Manager
¡,IattomeylresolDOR Utter Reduction iliant 2004
~,g
CITY/COUNTY FUNDING REQUEST FORM (FRF)
FY 2004/2005
Please éomplete this form and return to the Department of Conservation by: May 3, 2004.
/fyourmailing or contact information is incorrect, please make the necessary changes to this form.
Field Representative: Janis Peacher (916) 322-1832 .
CltvlCountv Name I Eliaible Fundina Amount I Fundina Cvele
Chula Vista $55,413 FY 2004/2005
CitY/CountY Maillna Address 9rL I~ I State li2 I FederallDlTax Reoortina #
276 Fourth Avenue Chuta Vista San DieQo CA 91910 95-6000690
CitY/CountY Contact Person I Teleohone # I Fax # E-Mail Address
Mr. Michael Meacham I (619)691-5122 (619)409-5884 mmeachamtB>ci .chula-vista.ca. us
Please check if you are a: Name of Lead Aaencv or JPA Submittina Form on Behalf of CitY /Countv
181 An Individual city or county CITY OF CHULA VISTA
0 Lead agency (for other entities)
DJPA
Lead Aaencv/JPA Mailina Address 9rL I CountY I~ li2 I FederallDlTax Reoortina #
Lead Aaencv /JPA Contact Person Teleohone # IE!!.! E-Mail Address
In the following categories below, please identify the beverage container activity(ies) that you plan to implement
with your city/county payment program funds. Include estimated dollar amounts. Check all boxes that apply.
?-2;
IX] Restaurants/Bars
0 Shopping Malls
0 Theatres
IX] Special Events
0 Airports
0 Gas Stations
IX] Govemment Buildings
0 Sports Complexes
!XI Businesses
0 Theme Parks
. - .. -.
. .
Promotional Items
0 Utility Bill Insert
0 Web Pa eAd
. . . . .. .
Elementary School
0 Middle School
0 High School
0 Colleges/Universities
0 School Education
0 Public Education
- .
Recycling Coordinator
[] Grant Administration
0 Public Transit
0 Civic Centers
0 City/County Parks
[] Hotels
[] Elementary Schools
0 Middle Schoois
0 High Schools
0 Colleges/Universities
0 Other:
0 Workshops
0 Bulletin Board
0 Recycling Hotline
0 Exhibits/Demos
0 Assemblies
0 Fairs
0 Contractor/Consultant
IX] Staff RECYCLI NG .SPEC!
. :
Facilitate conversion 0 Buy or use products made
of recycled materials from recycled beverage
into new products by container material
assisting to establish a
new business
Events
0 Public Parks
0 Beach
0 Recreational Areas
0 Roadway
Equipment/Supplies:
0 VehiclefTruck
0 Recycle Bins
0 Liners/Bags
DLift ate
Subtotal $
Power Washer
0 Trailer
0 Safety Equipment (gloves
etc.)
0 Storage Container (rolls,
dumpsters, etc.)
0 Other.
(Please specify)
Subtotal $
0 Safety Equipment (gloves
etc.)
0 Storage Container (rolls,
dumpsters, etc.)
0 Other.
(Please specify)
(Please specify)
Subtotal $10,000.0
Materials/Supplies:
] Recycling Guide
rn BrochuresIFlyers/Posters
0 Educational Packets
Subtotal $ 45,413.00
Other:
Please s eci
0 In rural areas - share cost for
back hauling recycled
materials to market, share
purchase of equipment or
initiate co-op for purchase of
rec cled materials
GRAND TOTAL
(Please specify)
$ 55,413.00
SELF-CERTIFICATION
/ certify that the following amount of city/county funds from the DOC were expended for beverage container recycling
activities.
FY: 2001/2002 and 2002/2003 Amount actuallv expended/encumbered by June 30, 2003:
City/County Name: Chula Vista $53,830.00
Name:....v:. 'bA I L"vvI ¡:::,C1Vlc.~ Title: ~. ~ /I "...,,-
Signature of Rep'resenta~Author~d to Expend Funds Title (Named on Resolution)
~ð. ~/.tf-
Printed Name of Above Representative or Designee Date '-( /
DAVID D. ROWLANDS, JR. CITY MANAGER '1/ð'(
This form must be received by Mav 3. 2004. Send to: Department of Conservation, Division of Recycling, Community Outreach
Branch, City/County Payments, 801 K Street, MS 17-01, Sacramento, CA 95814-3533. Fax to: (916) 322-8758. E-mail your field
representative. If you need assistance, please call (916) 322-0613 or 1-800-RECYCLE and ask for your fieid representative (listed on
the front of this form).
ð"f
(Revised: 1/26/2004)
2004/2005 DOC-CRV Funding Request Form Attachment 1
Project Description
The City of Chula Vista is the only San Diego Regional jurisdiction to provide recycling in every
single-family home, apartment and condominium, and mobile home park. Chula Vista is the 7th
fastest growing city in the U.S. with a population of 200,000, and every new home receives
beverage container recycling service.
Chula Vista is the only city in the San Diego Region to provide FREE beverage recycling service to
hospitality type businesses such as bars, restaurants, hotels, motels, etc. The City will continue
to expand this program as new generators come on-line.
Recycling Specialists actively recruit businesses into the recycling programs as well as provide
public education, "Oops Tags" and recycling enforcement. Copies of the 2003 Residential
Recycling Guide and the Apartment / Condo Recycling Guide have been attached for your review.
In a recent pilot program, the City's franchise hauler converted six multi-family complexes from a
source-separated, two-stream (bottles/cans and paper fiber/cardboard) program to a source-
separated single-stream program, mixing bottles and cans together with paper fiber and
cardboard in a 3-yard bin. This simple conversion accompanied by the associated pubic
education, rejuvenated the multi-family recycling program within the pilot areas and increased
the volume of recyclables materials diverted from the landfill by over 75%. The City is currently
negotiating with the franchise hauler to see if we can implement this conversion citywide.
project Evaluation
Monthly tonnage reports will demonstrate the before and after tonnages diverted. Attached we
have included the monthly tonnage reports for single-family recycling from March 2002 (prior to
our conversion to a single-family variable can rate/single stream recycling program) and March
2003 (after the implementation) as a sample.
2001/2002 and 2002/2003 Evaluations
The above mentioned monthly tonnage reports also document the success of the single-family
variable can rate/single-stream recycling program.
g,!3
ChulaVlsta Residential 2003 ,
Jan Fab
Number of Homes 43,693 __~651
Mar Apr Ma, Jun Jul Aug Sap Ocl No. na. Totala
43~ M- M= M- Mrn M- ~~ ~- -~ --
Racycl1n9
PoundliHomaIW..k
1,648 1,251 1,282 1,420 1,488 1,318 1,568 1,431 1,500 1,452 1,613 1,781 17,510
18,4 13,2 13,5 14,9 15,3 13,7 16,2 14,0 15,0 14,7 15,3 17,7
1,379 1,122 1,692 1,809 1,872 1,760 2,042 1,792 1,796 1,587 1,265 995 '9,000
14,0 11,9 16,1 19,0 19,8 18,3 21,1 18,0 11,9 18,1 12,8 10,0
3,831 3,190 3,36' 3,617 3,863 3,510 4,074 3,778 3,775 3,668 3,679 3,919 44,184
40,5 33,8 35,4 31,9 40,4 30,5 42,1 39,1 37,7 37,4 30,3 39,0
YardW"'e
PoundliHomaIWaak
Trelh
PoundliHomaIWeek
NetPr!ceITon
Revenue 2003
Revenue 2002
~ ~ m ~ ~ ~ w m ~ ~ m ~
880,726 875,96. 883,242 867,292 860,390 876,970 881,478 880,795 8.0,568 8",521 8'0.,7"" Sf21,025 81,084,867
165,917 .'44,490 818,601 830,328 845,.37 86766. 888,076 865,034 $48065 857787 866,374 877,342 8833,779
Rooldon.al
Commodl... Jan Fob M.r Apr May Jun Jul Aug Sop Ocl No. no. Totalo
3-color 20.83 16.83 17.25 19.10 1..75 17.70 21.10 19.26 20.18 1..64 40.94 47.67 280.13
Amber 20.15 19.28 16.8. 18.48 19.10 17.13 20.41 18.62 1..52 18.90 24.68 28.80 238.46
Flint 46.21 38.53 37.45 41.48 42.86 38.43 45.60 41.76 43.81 42.41 60.17 56.42 524.33
Green 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14.89 17.11 31.80
HnPE-Colored 27.26 22.03 22.56 25.00 25.85 23.17 27.62 25.1. 26.42 25.57 25.46 2..63 305.76
HOPE. Naturel 22.52 18.19 18.66 20.66 21.35 19.14 22.81 20.81 21.62 21.12 21.27 24.77 263.13
Pet 35.90 2..00 2..74 32.92 34.03 30.51 36.37 33.17 34.78 33.67 3..50 45.9. 415.68
Aluminum 9.66 7.80 8.00 6.85 9.15 8.20 9.78 8.92 9.35 9.05 10.80 12.34 111.8.
TIn 45.72 36.94 37.67 41.93 43.34 38.86 45.31 42.25 44.30 42.86 42.47 4..46 612.32
~ ~~aper ~~::: ~;:::~ ~:~:~ ~~::~ ~~:~: ~:;:: ~:~:~~ ~~~:~: ~~::~: ~~~::: ~~:~~ ;~~::: ~~:~:~
ONP 585.89 457.19 466.76 518.99 536.60 480.96 573.26 522.96 648.32 530.7. 511.21 595.24 6310.0.
~ Total Tona 1848.17 1280.78 1282.43 1418.88 1487.74 1318.61 1866.38 1430.71 1800.08 1482,12 1812.87 1781.33 17810,05
Contamln..on (T....r>l 148.11 117.24 120.21 133.01 137.88 12U3 147,01 134.10 14o.s1 138.11 12.88 108.18 183&.42
Used 0;1 (Gallons) 167 140 241 121 129 175 140 160 124 154 174 156 1682
Oil Fi'ers 94 67 91 36 47 63 67 56 62 53 ~ 45 729
1# of9ulk,ltoml 5,095 4,593 5,730 5,195 5,307 4.706 3,937
Total Tonnaoa 52.24 61.18 75.02 79.71 77.- 65.33 59.21 50.25
RealTono 1693 1366 1403 1553 1605 1439 1715 1565 1641 1568 1806 1889
Mu""aml~Ton. 6. 65 68 88 72 58 87 76 70 71 67 75
Holp"a", Ton. 5 6 5 4 4 3 3 3 3 3 3 3
Commoodal Tono 235 218 234 218 217 221 227 259 249 248 281 300
Total Ton. 2003 1813 1710 1641 1888 1720 2012 1102 1183 1811 1838 2247
ROIl Net 8ITon $48 858 859 858 850 855 $47 '52 856 880 888 865
Mu".Famll, 8/Ton $45 848 852 851 850 850 $42 ... 847 853 857 '53
H.,pllallty 8/Ton 85 81. '22 87 '7 '8 8. .. 811 813 $13 "4
Commercial 8/Ton $34 '38 $41 $40 831 $40 $30 838 $38 837 837 836
Total Nol PricalTon $46 863 .&7 $14 $48 $&3 $4& ... $&2 '88 $14 $80
I TONS I
JANUARY2ooZ. DECEMBER 2ooZ.
RESIDENTIAL Jan.o2 Fab.Q2 Mar.o2 Aor.o2 Mav.o2 Jun.o2 Jul.o2 Aua.o2 Sao.o2 Ocl.o2 Nov.o2 Oac.o2 Totala
3-COLOR 57.01 44.42 58.62 81.42 101.52 98.26 108.51 104.36 99.50 109.86 105.10 20.63 987.02
AMBER 15.18 12.86 3.41 4.74 5.91 5.61 6.32 6.08 5.81 6.39 6.12 19.95 98.38
FLINT 36.76 28.62 4.96 6.89 8.59 8.14 9.18 8.83 8.44 9.28 8.89 44.67 183.25
GREEN 12.01 10.15 4.39 6.10 7.80 7.21 8.13 7.82 7.47 8.21 7.87 88.86
HDPE-CLEAR 17.82 13.63 9.84 13.66 17.04 18.15 18.21 17.51 16.74 18.40 17.64 22.16 198.81
HDPE-COLOR 14.16 10.71 8.10 8.47 10.56 10.01 11.29 10.86 10.37 11.41 10.93 28.94 141.82
PET 19.18 14.51 10.89 15.13 18.87 17.89 20.17 19.40 18.53 20.38 19.53 35.46 229.94
TIN 23.70 18.50 12.28 17.05 21.28 20.16 22.73 21.86 20.89 22.97 22.01 45.18 268.68
ALUMINUM 5.27 4.04 3.58 4.97 8.20 5.87 6.82 8.37 6.09 8.89 6.41 9.56 71.88
ONP 365.61 303.80 323.34 449.11 559.99 530.97 598.56 575.64 550.09 604.91 579.76 557.98 5989.75
MIXED PAPER 137.58 117.53 184.84 256.45 319.77 303.20 341.80 328.71 314.12 345.42 331.06 410.17 3390.45
CARDBOARD 84.53 72.21 134.23 186.44 232.47 220.43 282.04 238.97 228.36 251.12 240.68 333.80 2485.28
CURBSIDE OIL 0.97 0.79 0.78 0.98 0.91 0.80 0.99 0.94 0.64 0.90 0.55 0.48 9.74
OIL FILTERS 0.08 0.06 0.06 0.07 0.05 0.04 0.06 0.08 0.05 0.06 0.05 0.04 0.88
TRASH 15.87 '"" 6875 ~ 98.28 .". In50' 101.03 OR 55 - "","'17 1/1175 ,..m 1014.81
~~ .'!.!' >i.,!u
TOTALS 795.73 559.95 813.81 1130.30 1409.04 1335.95 1519.87 1448.45 1383.83 1521.97 1458.36 1870.03 15156.94
Number of Homes
Res/_tlal Revenua 2002
Rasl_tlal Ravonue 2001
41,8381 41,700
Jan.o2 Fab.o2
1 005.97 842.48
Jan.o2 Fab.o2
3,815.22 3166.71
Jan.o2
55,917.27
80,179.87
41,9661 42,7111 42,490
A r.o2
3,307.50
43,302 1 43,489 I 510.068
Ocl.o2 Totala
57766.56 833,n8.72
59,182.49 __§~248.11
YARD WASTE TONNAGE
RESIDENTIAL
TRASH TDNNAGE
RESIDENTIAL
~
,
~
P_red by Andrea Calbow
.<""12004 12,59 PM
COUNCIL AGENDA STATEMENT
Item~
Meeting Date: 4/27/04
1
ITEM TITLE:
Resolution approving a Joint Use Agreement with the San Diego
County Water Authority regarding Eastlake Parkway
SUBMITTED BY: Director of General Services / City Engineer '*
REVIEWED BY: City Managp (4/5ths Vote: Yes_No.K)
In order to complete the Poggi Canyon Trunk Sewer System it will be necessary to construct the
final section located within Eastlake Parkway in Eastlake Greens. This section crosses easements
held by the San Diego County Water Authority. Because one or more of these easements predate
Eastlake Parkway and are not under franchise, a joint use agreement will be required.
RECOMMENDATION: That Council adopt the resolution
BOARD/COMMISSIONS: N/A
DISCUSSION:
The City of Chula Vista currently operates a temporary sewer pump station located on the west
side ofEastlake Parkway north of an existing San Diego County Water Authority ("SDCW A")
facilities corridor. This pump station was installed to temporarily pump sewage from residences
in Eastlake Greens (located within the Poggi Canyon Gravity Sewer Basin) to the Telegraph
Canyon Sewer Trunk until the Poggi Canyon (Gravity) Trunk Sewer could be extended easterly
to serve Eastlake Greens properties. Most of the Poggi Canyon Trunk Sewer improvements
needed to make the gravity connection have been recently constructed in conjunction with the
construction of Olympic Parkway, the extension of Eastlake Parkway from the SDCW A facilities
corridor to Olympic Parkway, and the development of the adjacent Eastlake Terraces commercial
project.
The only missing portion is the Eastlake Parkway section crossing the above-described SDWCA
facility corridor. The City has placed a high priority on completing this project due to the need to
relieve the increasing burden on the Telegraph Canyon Trunk Sewer, portions of which have
already reached safe operational limits, by redirecting the currently pumped flows towards the
Poggi Canyon Gravity Basin.
The Water Authority operates two aqueducts that abut the southwesterly boundary of Eastlake
Greens within three existing overlapping easements. Because one or more of these easements
predates Eastlake Parkway and is not under franchise, a Joint Use Agreement with SDCWA is
required. Certain provisions within this agreement require the City to reconstruct City roads within
these easements after the Water Authority improves their existing aqueducts or installs a new
aqueduct. While these provisions are not desirable, they are necessary to accept given the growing
urgency to complete this link in a timely manner.
q-I
Page 2, Item~
Meeting Date: 4/27/04
Staff has reviewed this proposed Joint Use Agreement and the City Attorney has approved it as to
form. This form of the Joint Use Agreement was recently approved by City Council for Village 11.
FISCAL IMPACT: The developer is paying all cost associated with the installation of
improvements and the processing of this Joint Use Agreement. There is a potential long-term fiscal
impact due to the restrictions imposed by the SDCW A Joint Use Agreement (JUA). Should their
facilities ever need to be repaired or replaced within the JUA area, all cost to replace City
improvements affected by their work will be borne by the City.
Attachments: 1. Location plat for Eastlake Parkway
Exhibits:
A. Joint Use Agreement with San Diego County Water Authority
IIEngineerlA GENDA ISDCWA Eastlake jua.doc
1/9-
A.TTACHMENT I
JO\I,n OSI:. j>...GREeMEN\ IN' SOCI(.../" PLf\T
LDCI'TIDN PLf>..T
q-3
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE JOINT USE AGREEMENT
WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR
POGGI CANYON SEWER FACILITY AT EASTLAKE
PARKWAY
WHEREAS, the alignment of the Poggi Canyon Trunk Sewer line construction within
Eastlake Parkway encroaches upon an existing 120-foot, 80-foot, and 30-foot San Diego County
Water Authority (SDCW A) Easements; and
WHEREAS, SDCWA has approved the form of the .Joint Use Agreement (JUA) with the
City ofChula Vista for the sewer easement within EastLake Parkway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Joint Use Agreement with the San Diego County Water
Authority, 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.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
,r::~ w c~~
Ann ,y
City Attorney
j,IEngineerlLANDDEVIProjectslLand Swaplroad improvementlReso-SDCW A AgreementELPkwy.doc
q-t./-
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~. TfZÆ'-~
rn-. Ann Moore .
City Attorney
Dated: {- 2-/ - () r
Joint Use Agreement with the
San Diego County Water Authority
Regarding Eastlake Parkway
t)--5
PLEASE RECORD THIS DOCUMENT AT NO FEE
AS IT IS TO THE BENEFIT OF THIS DISTRICT
(GOV.CODE [61031)
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
San Diego County Water Authority
Right of Way Department
4677 Overland Avenue
San Diego, CA 92123-1233
SPACE ABOVE FOR RECORDER'S USE
JOINT USE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO COUNTY WATER AUTHORITY
This Agreement is made between the San Diego County Water Authority
(hereinafter "Authority") and the City of Chula Vista (hereinafter "City") this
day of ,200_, to allow a 12-inch PVC sewer main within a 24-inch
steel casing and a 2-inch PVC underground telecommunication conduit for traffic signal
interconnect to cross the Authority's easement and right of way.
WHEREAS, Authority owns certain easements described in Exhibit "A" and shown
on Exhibit "B" in which it has pipelines and other facilities for the transmission of water
("Authority Easements"); and
WHEREAS, the fee owners have irrevocably dedicated to the City of Chula Vista
property or interests therein for public street, utility and appurtenant purposes as shown
on Exhibit "B" for Eastlake Parkway, which dedication is subject to the Authority's
easement; and
WHEREAS, City and the Authority desire to establish the terms and conditions for
the construction, operation and maintenance of a 12-inch PVC sewer main within a
24-inch steel casing and a 2-inch PVC underground telecommunication conduit for traffic
signal interconnect ("City Facilities") in, over, under and across Authority's easement and
right of way along the route particularly shown on Exhibit "B", ("Designated Route");
NOW, THEREFORE, the parties mutually hereby agree as follows:
1. The City, its successors in interest and assigns, may construct, operate and
maintain the City Facilities within the property subject to the Authority's Easements along
the Designated Route, under the terms and conditions stated herein.
2. Plans for the installation of the City Facilities, including work or
improvements reasonably necessary to protect the Authority pipelines and other
structures and facilities, shall be approved by the Authority in advance of construction.
Authority's approval shall not be unreasonably withheld. City shall give written notice to
the Authority not more than 30 days nor less than 15 days before the date of
commencement of construction of the City Facilities. Authority inspectors shall have
access to the property during construction.
R:\ROW\Mgmt\Jointuse\O1\juaO1-343b1.doc
c¡-~
3. Neither this Agreement nor the construction, operation or maintenance of
the City Facilities shall, in any way, limit, alter, modify, expand, or terminate any of the
Authority's or City's rights or obligations under the Authority's Easements or any of the
rights of the owner of the servient tenement.
4.
City agrees not to interrupt the use or operation of Authority's facilities.
5. Authority shall be deemed the "party first in place" and its rights and
interests shall be prior in time and superior in title to those of City. Nothing herein
contained shall constitute a grant of easement or other interest in property by Authority
to City.
6. Following the completion of the City Facilities, whenever the Authority so
requests, the parties agree to work cooperatively to assess reasonable construction
alternatives, coordinate traffic control and otherwise manage the City Facilities as
deemed necessary by the Authority for the full exercise of its rights under the Authority
Easements. Except to the extent specifically provided in an Authority Easement, City
shall, at is sole expense and within a reasonable time established by the Authority and
agreed to by City, remove and replace, rearrange, restore or relocate the City Facilities
as may be necessary for the Authority's use and enjoyment of its easements. Plans for
removal and replacement, rearranging, or relocation of the Facilities shall be subject to
paragraph 2, above. In the event of an emergency affecting the public health, safety or
welfare, as determined by the Authority, or in the event of City's failure to remove and
replace, rearrange, or relocate the City Facilities with the time established according to
this paragraph, then the Authority may remove the City Facilities without obligation to
City. This Agreement shall apply to City Facilities removed and replaced or restored,
rearranged, or relocated pursuant to this paragraph. Authority acknowledges that with
respect to the portions of an 80-foot strip of land subject to Authority Easement recorded
February 1, 1989 as Document No. 89-056039 and in Document No. 89-056040,
recorded February 1, 1989, as shown on attached Exhibit "C", the Authority has the
obligation to restore the City Facilities pursuant to the terms of those certain easements.
7. This Agreement shall run with the land and be binding upon both parties, its
representatives, agents, successors, and assigns.
8. The parties understand and agree that this Agreement grants only the
consent of the Authority to the activities identified under the terms and conditions stated
herein. City is responsible for acquiring any other property rights, licenses, or permits
needed to conduct the identified activities.
9. City shall save, indemnify and hold harmless the Authority against any
liability, loss, cost, damage and expense caused by or arising from (i) an act(s) or
omission(s) of City, its employees, agents, contractors, successors and assigns or (ii) the
construction, reconstruction, location, relocation, maintenance and existence of the City
Facilities, whether defective or otherwise; including, but not limited to any such loss, cost,
damage, liability and expense arising from damage to or destruction of real and personal
property or injury to or death of any person; provided, however, that City duty to indemnify
and hold harmless shall not include any claims or liability arising from the established
negligence or misconduct of the Authority, its agents, officers, or employees. City shall
cause the Authority, and its officers and employees, to be named as an additional insured
R;IROWlMgmtIJointuseIO1IjuaO1-343b1.doc
2
c¡-1
on any policy or policies of insurance required by the City with respect to the construction,
reconstruction, location, relocation, maintenance or existence of the City Facilities.
10. The City Facilities shall be maintained in a safe and sanitary condition at the
sole cost, risk, and responsibility of City and its successors in interest.
11. In the event either party commences legal action against the other by reason
of an alleged breach of this Agreement or in connection with the use of the Authority's
easement and right of way, the prevailing party shall be entitled to recover court costs and
attorney's fees as set by the court. "Prevailing Party" means the party in whose favor final
judgment is rendered.
12. Any notice required, permitted, or contemplated under this Agreement shall
be deemed given when actually delivered or when deposited in the mail, certified or
registered, postage prepaid, addressed as follows:
TO AUTHORITY:
San Diego County Water Authority
Right of Way Department
4677 Overland Avenue
San Diego, CA 92123-1233
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
TO CITY:
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by a duly authorized officer on the day and year first above written.
By:
SAN DIEGO COUNTY WATER AUTHORITY
William J. Rose, Director of Right of Way
Dated:
By:
CITY OF CHULA VISTA
Steve Padilla, Mayor
Approved as to form:
Dated:
By:
Daniel S. Hentschke, General Counsel
San Diego County Water Authority
Approved as to form:
Dated:
By:
Ann Y. Moore, City Attorney
City of Chula Vista
Dated:
R:IROWlMgmtIJointuseIO1IjuaO1-343b1.doc
3
Cf~g
EXHIBIT "A" REGARDING
JOINT USE AGREEMENT NO. 2001-343B
OWNER/APPLICANT
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
EASEMENT
San Diego County Water Authority
4677 Overland Avenue
San Diego, California 92123-1233
BENEFITTED PROPERTY
Eastlake Parkway, Chula Vista, California
Authority's Parcel Number: Parcel 201 (Pipeline 3, Second Aqueduct)
AUTHORITY PROPERTY
A strip of land in a portion of Section 3, Township 18 South, Range 1 West, S.B.B. & M., in
the County of San Diego, State of California, more particularly described in Document No.
23520, recorded February 5, 1959, in Book 7481, Page 490; in Judgment in
Condemnation (Pursuant to Stipulation), recorded February 1, 1989, as Document No.
89-056039; and in Final Order of Condemnation, recorded February 1, 1989, as
Document No. 89-056040; all of Official Records of said County.
PURPOSE
This agreement is granted exclusively for the installation of a 12-inch PVC sewer main
within a 24-inch steel casing and a 2-inch PVC underground telecommunication conduit
for traffic signal interconnect to cross the Authority's existing Second Aqueduct right of way
as shown on Exhibit "B". This agreement does not authorize other construction,
grading or planting of trees within the Authority's easement.
q-q
LUNDSTROM 3333 CAMJNO DEL RIO SOUTH, STE. 300
k. SAN DIEGO, CAIJFORNIA 92108
ASSOCfA TES (619) 641-5900 FAX (619) 641-5910
Cj-IO
EASTLAKE PARKWAY
PlAN
J.N. 700-06 7/7 /OJ
oGHee-r I OF '2.
EXHI81T "8"
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EASTlAKE PARKWAY
SEWER PROFILE
J.N. 700-06 7/7 /OJ
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date: 4/27/04
ITEM TITLE:
Public Hearing regarding the approval of the Telegraph Canyon Road
Widening Project from 800 feet West of Crest Drive to 1-805 and the
acquisition of certain right-of-way over portions of Assessor's Parcel
Number 639-080-22 for improvements on Telegraph Canyon Road.
Resolution approving the Telegraph Canyon Road Widening
Proj ect from 800 feet West of Crest Drive to I-80S.
Resolution detennining and declaring the public interest and
necessity for acquiring and authorizing condemnation and immediate
possession of a portion of APN 639-080-22 for improvements on
Telegraph Canyon Road; and authorizing condemnation to proceed.
SUBMITTED BY:
Director of General Services 1 City Engineer ~
City Manager ç (4/Sths Vote: Yes~No-">
REVIEWED BY:
It is recommended that this item be continued to the meeting of May 11, 2004.
nEngineer\AGENDA\Tele 42704 ARCO final-cont'd.doc
/0
COUNCIL AGENDA STATEMENT
ItemlL
Meeting Date 04/27/04
ITEM TITLE:
Public Hearing to consider a construction bid submitted by Yeager-Skanska
Inc., for the I-805/East Orange Avenue/Olympic Parkway Interchange
Improvements (STM-328) Project
Resolution accepting bids and awarding a construction contract for
the I-805/East Orange Avenue/Olympic Parkway Interchange Improvements
(STM-328) Project to Yeager-Skanska Inc. in the amountof$14,859,035.30
Resolution increasing the Director of Public Works Operations
individual change order authority up to $100,000 and cumulative change
orders up to $765,951.77 for project STM-328, per Council Policy 574-01.
Resolution ratifying City Engineer's action for additional plan
submittal costs to Rick Engineering Company in the amount of$199,676.76
Resolution authorizing the Director of Public Works Operations to
enter into an agreement with the California Highway Patrol for Construction
Zone Enhanced Enforcement (COZEEP) Services in an amount not to exceed
$100,000
REVIEWED BY:
Director of General Services / City Engineer tk-
City Manager ~ (4/Sths Vote: Yes_NolL)
SUBMITTED BY:
Major improvements to the East Orange Avenue/Olympic Parkway Interchange at I-80S were
approved and budgeted as part ofthe FY 2003-04 Capital Improvements Program (CIP). The City is
now prepared to award a construction contract for the project which will include widening a number
offacilities such as the bridge deck over I-80S, fteeway ramps and adjacent streets, the modification
of traffic signals, sound walls, sound berms, and other work necessary to complete the project.
Finally, as part of the bid award a public hearing is being held to address a defect/irregularity in
Yeager-Skanska's bid. Staff has determined that the subject error is an immaterial defect that does
not change the bid amount or results.
RECOMMENDATION: That Council conduct the public hearing and adopt the resolutions.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
The interchange at I-805/East Orange Avenue/Olympic Parkway will be improved to accommodate
additional lanes on the bridge deck and approaches between Melrose Avenue and Oleander Avenue.
Additional items of work include ramp widening, auxiliary lanes, and the construction of sound
1/-1
Page 2, Item L
Meeting Date 04/27/04
walls and earthen sound berms. This facility will ultimately provide the roadway capacity needed in
the area and will serve both the west and eastern portions of the City.
In response to the need for additional traffic capacity at the Interchange, the City initiated a Capital
Improvement Proj ect (CIP) that would ultimately widen the over -crossing and all on-ramps and off-
ramps at this location.
Specifically, the project will relocate the East Orange Avenue/Olympic overpass from 0.75 miles
south to 0.6 miles north ofthe interchange. The project will also modify and widen the southbound
exit ramp to Main Street to provide for a dual lane exit. Project improvements also include the
widening ofthe existing East Orange Avenue over-crossing, widening of East Orange Avenue and
Olympic Parkway, constructing auxiliary lanes on I-80S, widening and modifying signalization on
the existing ramps for the East Orange A venue/Olympic Parkway interchange and the southbound
exit ramp to Main Street, along with the construction of noise barriers and retaining walls. The
proposed improvements would increase the capacity of the existing diamond interchange to
accommodate the forecasted traffic volumes and provide the needed capacity on the southbound
Main Street off-ramp during events held at the Coors Amphitheatre.
Most ofthe work is within the State right-of-way - State of California, Department of Transportation
(Caltrans) jurisdiction - but some work east and west of the bridge deck is within the City ofChula
Vista's jurisdiction. The City is considered to be the project applicant and administrator with
Caltrans providing oversight. Caltrans and the City have signed a Cooperative Agreement (COOP)
for the construction of the interchange improvements. The agreement was approved on May 6, 2003,
by Resolution No. 2003-175 (Attachment I), and identifies the roles and responsibilities ofCaltrans
and the City.
In order to effectively implement this process, Caltrans will provide sufficient staffing including a
Resident Engineer to perform oversight services in accordance with the provisions of the COOP.
Caltrans has also agreed that reimbursed work will not exceed $2,008,677. Caltrans staff will be
utilizing available space at the John Lippitt Public Works Center for the duration of this project.
The City advertised the project on January 2,2004 and received five bid proposals, all of which
exceeded the Engineer's estimate of$14,682,179:
CONTRACTOR BID AMOUNT % OVER
COST ESTIMATE
1. Yeager-Skanska Inc., Riverside, CA. $14,859,035 1.2%
2. Erreca's/Hansen/SJH, Lakeside, CA. $14,866,763 1.3%
3. FCI Constructors Inc., Vista, CA. $14,894,894 1.4%
4. Diablo Contractors Inc., San Ramon, CA. $15,181,366 3.4%
5. Hazard Construction Company, San Diego, CA. $15,742,648 7.2%
The low bid by Yeager-Skanska Inc., exceeds the Engineer's estimate by $176,856, or 1.2%. The
range between the lowest bid and the highest bid submitted is about 6%. Yeager-Skanska Inc. is
currently working on the $110 million 1-5/1-805 merge project for Caltrans and with the County of
San Diego on the Valley Center $15 million roadway-widening project. Staff has contacted
II-'d-
Page 3, Item.JL
Meeting Date 04/27/04
references for those projects and their recommendations and comments about the contractor have
been satisfactory. Staff has also verified the contractor's license and other qualifications and
determined that these are in good order. The bid submitted by Yeager-Skanska Inc. did have a minor
inconsequential irregularity on line item 133 of its bid (Attachment 2). However, there does not need
to be any change in the total bid amount (Attachment 3), or bid results because of the error. The
"Unit Price" for item 133 in words and figures along with "Total Bid Price", is consistent.
Therefore, for the benefit of the public it is necessarily recommended the inconsequential defect be
waived. Caltrans staff has also reviewed the bids and recornmends proceeding with awarding the
contract to Yeager-Skanska Inc., based on the bid submitted.
Disclosure Statement
A copy of the contractor's disclosure statement is attached (Attachment 4).
Environmental Status
The proposed project includes a combination of local, state and federal funds, and is therefore
subject to the California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEP A) process. The City is considered the lead agency for the CEQA process for this interchange
project and Caltrans is the lead for the NEP A process. Following approval by the City and Caltrans,
the Federal Highway Administration (FHW A) issued a Finding of No Significant Impact (FONSI) in
accordance with NEP A for this project on May 9,2003.
Environmental Determination
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Final Mitigated Negative Declaration/Environmental
Assessment (MND/EA) IS-00-49, EA 156580/23400. Thus, no further environmental review or
documentation is necessary.
Construction Schedule and Phasing
Due to the large amount of work involved with the bridge deck widening, the freeway auxiliary lanes
and ramp widening, the sound barriers and the roadway widening, the project will have several
construction trades working simultaneously. Until the pre-construction meeting to be scheduled
within the next few weeks, staff cannot anticipate how many items of work will be done with the
initial phase. Many work items will require sequential or parallel work schedules. The project is
anticipated to begin construction within the next few weeks with a completion timeframe of 18
months (late 2005), with the exception of a three-year landscape establishment and maintenance
period. Extensions of time will be granted for weather delays but once the 360 working days have
elapsed, the contractor will be subject to liquidated damages in the amount of$6800 per calendar day
delay in completing the project, up to a maximurn arnount of $500,000. The liquidated damages
amount is consistent with Caltrans criteria and is based on the value of the construction.
/1,3
Page4, Item~
Meeting Date 04/27/04
The first phases of work are east on-805 along the north side of Olympic Parkway and also include
utility relocation work for Otay Water District and SDG&E utilities. SBC (PacBell) has completed
the first phase of work at the northeast corner of Olympic Parkway and Oleander Avenue and will
finish their work once the contractor has widened the north side of Olympic Parkway east of
Oleander Avenue. Cox Cable has no additional involvement with this project.
Traffic Control
Project specifications and construction plans contain phasing and traffic control plans that detail the
daytime hours during which ramps and/or freeway lanes must remain open. In addition, all ramp
lanes and freeway lanes shall be opened two hours before and two hours after an event at the Coors
Amphitheatre.
Work on both the interchange and roadway will be done concurrently utilizing approved traffic
control plans from Caltrans and the City. Construction plans require that no fewer than three lanes
be open to traffic at all times on the existing bridge. Ramp closures and lane closures must be
approved by both the City and Caltrans staff and generally will not occur during the morning peak
period. Generally, ramps may only be closed between 10 p.m. and 5 a.m. between Monday and
Thursday nights and between midnight and 5 a.m. on Fridays. Closures will be allowed on Saturdays
between 3 a.m. and 8 a.m. and on Sundays between 3 a.m. and 10 a.m. Traffic control charts for the
entire project are included in Attachment 5.
Any proposed closure oflanes and/or ramps will be submitted in writing by the contractor to the City
Engineer and must be approved by both City and Caltrans staff one week in advance. Advance
public notice of any ramp closure will require a minimum of3 days' notice to the public by posting
signs adjacent to the ramp. For each IO-minute interval, or fractional part thereof, that a closure is
not reopened to the public by the time specified, the contractor is subject to liquidated damages in the
amount of$1900.
Local street detours must be requested by the contractor at least 21 calendar days in advance with
notification to emergency personnel, the public, two school districts and transit services. All local
streets involved in the detour must be identified as well as the duration of the detour.
Within the State right-of-way area, Construction Zone Enhanced Enforcement (COZEEP) will be
provided by the California Highway Patrol (CHP) within and near the limits of construction in order
to control the movement of public traffic through the work zone.
During the pre-construction meeting to be scheduled in early May with the contractor, City staff,
Caltrans staff, the Chula Vista Police and Fire Departments, and the California Highway Patrol will
discuss traffic control issues and access availability across the construction zone.
Wage Statement
Due to the Federal funds on this project, contractors bidding this project are required to pay
prevailing wages. Special minority or women-owned business requirements were necessary as part
of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the
II-if
Page 5, Item-1L
Meeting Date 04/27/04
Notice to Contractors to various trade publications. Yeager-Skanska Inc. made extensive efforts to
secure DBE/WBE on this project through itself and 14 subcontractors (Attachment 6). The City's
target goal on this project was 13.66% and the contractor will provide 1 %. Staff is satisfied that the
contractor made a good faith effort to reach the City's target goal.
Additional Costs for Plan Submittal
Due to design issues related to changes with the sound wall and sound berms and the need to provide
additional cross-sections so that the sound berms could be finalized, extra work was required by the
firm Rick Engineering Company. Part of this extra work was also related to "last minute"
negotiations with property owners on sound walls. This work included three complete sets of
submittals and a detailed site plan for each of the properties affected by the sound walls (Attachment
7), totaling $199,677. These changes also address concerns that both the City and Caltrans had on
the perpetual maintenance issues and also clarified any concerns that contractors may have while
constructing this project. There are sufficient funds in the project to pay for the change.
FISCAL IMPACT:
There is no impact to the General Fund. As part ofthe FY 1998/1999 Capital Improvement Program
(CIP) process, Council approved $21,830,375 fÌom a number of sources for the interchange and
roadway-widening project (STM-328) (Attachment 8). The project finance letter totaling
$21,626,497 is based on the amount of state and federal funds approved for this project plus the
minimum amount oflocal match funds needed for right-of-way.and construction work (Attachment
9). Local funds are a combination of TransNet funds and TDIF funds. The approved project is
funded fÌom the following sources:
TOTAL PROJECT FUNDS BUDGETED
A. Federal Demonstration (DEMO) fun<\s $ 5,125,497
B. Regional State Transportation Program (RSTP) funds $ 8,446,000
C. State Transportation Improvement Program (STIP RIP) funds $ 1,441,000
D. TransNet funds $ 3,422,000
E. Transportation Develonment Impact Fees (TDIF) $ 3,395,878
TOTAL BUDGET $ 21,830,375
FUNDS RE UIRED FOR CONSTRUCTION
A. Preliminary Engineering/EnvironmentallDesignIR W Engineering
B. Right-of-Way Acquisition Costs
C. Construction Costs "Contract Amount"
D. Construction Contingencies (8.4%)
E. City staff costs, including inspection
F. Caltrans Cooperative Agreernent (COOP)(not to exceed amount)
G. Ci ofChula Vista "A enc " Furnished Materials
TOTAL FUNDS RE UIRED FOR CONSTRUCTION
/1-6
$ 2,225,284
$ 787,550
$14,859,035
$ 1,250,000
$ 508,729
$ 2,008,677
$ 191,100
$21 75
Page 6, Item A
Meeting Date ~
Attachments:
1. Resolution 2003-175
2. Contractor Bid Excerpt page 12
3. Contractor Bid Excerpt page 14
4. Contractor's Disclosure Statement
5. Traffic Control Charts
6. Local Agency Bidder DBE Information
7. Rick Engineering Letter dated March 31, 2004
8. FY03/04 CIP budget for STM-328
9. Caltrans Finance Letter
J: IEngineerlAGENDA ISTM - 328award42704.fxr.cb.doc
II-~
ATTACHMENi-L
RESOLUTION NO. 2003-175
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATIVE
AGREEMENT WITH TIlE STATE OF CAlJFORNIA
DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION CONTRACT ADMINISTRATION
ACTIVITIES TO BE UNDERTAKEN BY THE CITY OF
CHULA VISTA ON THE INTERSTATE 8O5/0L YMPIC
PARKWAY-ORANGE AVENUE INTERCHANGE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City of Chula Vista desires to construct State highway improvements
consisting of the modification of the Orange Avenue/Olympic Parkway Interchange at Interstate
805 and is responsible to provide one hundred percent of the funding for this project; and
WHEREAS, in order to permit the City to perform these contract functions, the State of
Califomia Department of Transportation (CALTRANS) requires the City to enter into a
cooperative agreement which sets out each agency's responsibilities for the construction process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a cooperative agreement with the State of Ca1ifomia Department of
Transportation regarding construction administration activities to be undertaken by the City of
Chula Vista on the Interstate 80S/Olympic Parkway - Orange Avenue interchange and, a copy of
which shall be kept on me in the office of the City Oerk.
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
¿f~~
Eng~~:ctor
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Ann Moore
City Attorney
//-1
Resolution 2003-175
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of May, 2003, by the following vote:
AYES:
Councilmembers:
Davis, Rindone, Salas, McCann and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
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Susan Bigelow, City Cler~
STATE OF CAUFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of ChuJa Vista, Caljfornia, do hereby certify that' the foregoing
Resolution No. 2003-175 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of May, 2003.
Executed this 6th day of May, 2003.
~tLI.. ~q'~
Susan Bigelow, City Oerk C -
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Description Unit Qty. Unit Price in Words Unit Cost Total
Item in Figures
124 CONCRETE BARRIER (TYPE 26) M 96 """""fee. '\\.-.Y\wd ~~'Ir~ ?Iøo - '?> 4, S'/sO -
125 CABLE RAILING M 598 ~\~\ \0(( ~~ ~gt(
126 TERMINAL SYSTEM (TYPE ET) EA I ~~~~ ~~~. ~ ~~~rW. ~~O~~ \ ~ð\:
127 TERMINAL SYSTEM (TYPE SRT) EA 2 ,{ ~ 1\.~~~øÖ.. ~\~\k ~~~uJ d.go~: ~l.o\()-:
128 TERMINAL ANCHOR ASSEMBLY EA 10 ,.,{ ~\)~\1.\t¡~~ troW'; ~ bOt¡-:'
(TYPE SFT)
129 CONCRETE BARRIER (TYPE 60) M 299 ~II\~ ~~tio.. f\~~ ;).6t>: 1~.1~b(
THERMOPLASTIC PAVEMENT ~~\Ù~ \ "10: \t)~~
130 MARKING M2 349
131 200 MM THERMOPLASTIC TRAFFIC M 2,672 ~~b ~~~. Ýl~~ ~~&, ;/)9 l? \o~b:
STRIPE
132 200 MM THERMOPLASTIC TRAFFIC M 955 ,(~~ ~ \ ~h)(
STRIPE (BROKEN 3.66M -0.92M)
133 100 MM THERMOPLASTIC TRAFFIC M 1,803 \¥~ \( ~~b'J/
STRIPE (BROKEN 5.18 M -2.14 M)
134 PAINT TRAFFIC STRIPE (2-COAT) M 7,132 b~t \: 1\~d: I
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135 PAVEMENT MARKER EA 2,372 ~U~ toJ~ VW ~ rt~Jt? \~J ~ ~S8( -I
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149 REMOVE CONCRETE BARRJER M 51.3
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DISCLOSURE OF LOBBYING ACTNITIES
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7. Federal Program NamelDescription:
CFDA Number, if applicable
Federal Action Number, ifknown
9. Awaro Amount. if known:
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:.)0. a.Name and Address of Lobbying Entity
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(attach Continuation Shoet(s) if necessary)
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//-11
YEAGER SKANSKA INc.
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
1'1
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You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or
campaign contributions, on all matters, which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be
disclosed.
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I.
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, and material supplier.
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None
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If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
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None
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3.
If any person* identified pursuant to (I) 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
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None
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Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter,
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Has any person" associated with this contract had any financial dealings with an official"" of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes- No-K-
If Yes, briefly describe the nature of the financial interest the official". may have in this contract.
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes- No~ If Yes, which Council member?
7.
Have you or any member of your governing board (i.e. Corporate Board of DirectorsJExecutives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes- No~IfYes, which
Council member?
8.
Have you provided more than $300 (or an item of equivalent value) to an official." of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes - No~ If Yes, which official". and what was
the nature of item provided?
Date: February 4, 2004
s~g¡-~ f.£
Douglas J. Aadland, Vice President
Print or type name of Contractor! Applicant
.
Person is defined as: any individual, finn, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
431
J,lEngino"'-'TM-328\STM328 c_ct\cv Con"" Docwno"\STM328_Cn.""'_REV _2B,"""
11-/'3
YEAGER SKANSKA INC.
ATTACHMENT -L
Chart No.1
Multilane Lane Requirements
Direction: Northbound SD 805 Location:
Palm Ave OC
to
Naples St DC
J2 I a.m. 1011 (2 I p.m.. 9 10 III~
FROM HOUR TO HOUR 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8
Monda3S thro~h Thursdays I I I I I 2 I I
Frid"ys I I I I I
Saturdays I I I 2 3 3 3
Sundays I I I I 2 2 3 3 3 2 I
Day before de~ated legal holiday I I I I I
Designated legal holidays
~nd:
lOne lane open in direction of travel
-
-;- Two adjacent lanes open in direction of travel
-
~ Three adjacent lanes open in direction of travel
-
- No lane closure allowed
-
REMARKS:
. This chart is not valid during an event at the Coors Amphitheater.
. This chart is not valid two (2) hours before and (2) hours after an event at the Coors Amphitheater.
KP: 4.65/8.95
'-1"'0411130380
Contract No. 11-156584
174
Chart No. 2
Multilane Lane Requirements
Djrection: Southbound SD-805 Location:
Palm Ave OC
to
Naples St DC
T a.rn. I p.rn. I
FROM HOUR TO HOUR 12 I 2 3 4 5 6 7 8 9 1011 12 I 2 3 4 5 6 7 8 9 10 11 12
Mondavs tbrou2h Thursdavs I I I I I 2 2 I
Fridays I I I I I
Saturdays I I I 2 2 3 3
SundayS I I I I I 2 3 3 3 3 2 2 I
Day before desirnãted le2al holiday I I I I I
Desiwated le2al holidays
~nd: .
~ One lane open in direction of travel
----z- Two adjacent lanes open in direction of travel
-=-
~ Three adjacent lanes open in djrection of travel
-=-
f..--..- No lane closure allowed
-
REMARKS:
. This chart is not valid dnring an event at the Coors Amphitheater.
. This chart is not valid two (2) hours before and (2) hours after an event at the Coors Amphitheater.
KP: 4.65/8.95
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Contract No. 11-156584
175 /1-15
F-ISOS8"11"'BG
Chart No.3
Ramp Lane Requirements
Direction: Southbound SD - 805 I Location: SB Off-ramp to Main St/Auto Pkwy;
I a.rn. 9 10 II [2 I p.rn. 9 10 II 11
FROM HOUR TO HOUR 12 I 2 3 4 5 6 7 8 2 3 4 5 6 7 8
Mondays through Thursdays RR RRR R R
Fridays RR RRR
Saturdays R R RRR
Sundays RR RR RRR RRR
Day before designated legal holiday RR RRR
Designated legal holidays
Legend: -
~ Ramp may be closed
~
t--- No work that interferes with p~blic traffic will be allowed
--
REMARKS:
. This chart is not valid during an event at the Coors Amphitheater.
. This chart is not valid two (2) hours before and (2) hours after an event at the Coors Amphitheater.
NOTE: When an Off-Ramp is allowed to be closed, place a PCMS (Portable Changeable Message Sign) in the
direction of travel allowing the traffic the option to use the preceding Off-Ramp and warning them of the ramp
closure ahead.
KP: 6.220;
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Contract No. 11-156584
176
'-"'5841I1303BO
Chart No.4
Ramp Lane Requirements
Direction: Northbound SD - 805 I Location: NB On-ramp from E. Orange Aye / Olympic Pkwy
I a.m 9 1011 \2 1 p.m I
FROM HOUR TO HOUR 12 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 9 101112
Mondavs through Thursdavs RR RRR RRR
Fridays RR RRR
Saturdays RR RR
SundayS RR RR RR RRR
Day before desil!l1ated legal holiday RR RRR
Desil!l1ated legal holidays
Legend:
-
~ Ramp maybe closed
-
- No work that interferes with p~blic traffic will be allowed
-
REMARKS:
. This chart is not yalid during an eyent at the Coors Amphitheater.
. This chart is not yalid two (2) hours before and (2) hours after an eyent at the Coors Amphitheater.
KP: 7.382
""1"'8411130380
Chart No. 5
Road Closure Requirements
Direction: Eastbound / Westhound E.Orange Aye / Olympic Pkwy Location: At RTE 805
12 I a.m 9 10 11 [2 I p,m I
FROM HOUR TO HOUR 2 3 4 5 6 7 8 2 3 4 5 6 7 8 9 101112
Mondays through ThursdayS 1 1 I 1 1 I I I 1 1 1 1 1 1 1
Fridays 1 I 1 I I 1 I 1 1 1 1 1
Saturdays 1 1 1 1 I I 1 1 1 I 1 1 1
Sundays 1 1 1 1 I I I 1 I 1 1 1 1 1 1 I
Day before desiimated legal holiday 1 1 1 1 1
Designated legal holidays
~nd:
~ A minimum of one payed traffic lane, not less than 3.60 m wide, shall be open for use by public traffic.
- No work that interferes with public traffic will be allowed
-
REMARKS:
KP: 7.10
""1"'8410310380
Contract No. 11-156584
177 //-/1
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Chart No. 6
Shoulder Closure Requirements
Direction: Southbound / Northbound SD. 805 Location:
Palm Aye OC
to
Naples St UC
12 I 2 3 4 s""': 7 9 10 11 ¡2 I 2 3 p.rn. 9 101111
FROM HOUR TO HOUR 8 4 5 678
Mondays through ThursdayS S S S S S S S S S S S S S S
Fridays S S S S S S S S S S S
Saturdays S S S S S S S S S S S S S S
Sundays S S S S S S S S S S S S S S S S S
Day before designated legal holiday S S S S S S S S S S S
Designated regal holidays
!jnd:
S Shoulder may be closed
n No Shoulder closure allowed
REMARKS:
KP: 4.65/8.95
F-¡""'O9l90lPT
Contract No. 11-156584
178 1/- / g
Chart No.7
Full Freewav Closure Reouirements
Direction: Northbound SD - 805 T Location: At E. Orange Ave / Olympic Pkwy
I a.rn. I p.rn. I
FROM HOUR TO HOUR 12 I 2 3 4 5 6 7 8 9 10 II 12 I 2 3 4 5 6 7 8 9 10 II 12
Mondavs tbrouuh Thursdavs F F F F IF! 2 I F
Fridavs F F F F IF!
Saturda-;;S
Sundavs 3 2 IIF
D;;;;-before des;;;;;-..ted I,,~al holidJ.v F F F FIA
Desirnated legal holidavs
~nd: -
~ Full Freeway Closure allowed
~ One lane open in direction of travel
~ .
I---
~ Two adjacent lanes open in direction of travel
~ Three adjacent lanes open in direction of travel
--=--
~
~ No lane closure allowed
REMARKS:
. This chart is not valid during an event at the Coors Amphitheater.
. This ehart is not valid two (2) hours hefore and (2) hours after an event at the Coors Amphitheater.
Traffic Operations - Electrical Systems Branch needs to be contacted in advance in order to optimize the signal
light settings for this detour.
This chart is valid for erection and removal offalsework and replacement of overhead sign only.
Detour NB RTE 805
Detour NB RTE 805 traffic northerly on RTE 805 to NB RTE 805 Off-ramp to E. Orange Ave / Olympic Pkwy
thence to NB RTE 805 On-ramp from E. Orange Ave / Olympic Pkwy.
KP:7.11
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Contract No. 11-156584
179 /1- 1'1
"""""1I303BO
Chart No.8
Full Freeway Closure Requirements
Direction: Southbound SD - 805 Location: At E. Orange Ave / Olympic Pkwy
;2 I a.rn. 10 II 12 I p.rn. I
FROM HOUR TO HOUR 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 9 10 II 12
Mondays through Thursdays F F F FIFl 2 I I~
Fridays F F F FIF1
Saturdays
Sundays 3 2 IIF
Day before designated legal holiday F F F FIFl
Designated legal holidavs
~nd: -
F Full Freeway Closure allowed
-
¡- One lane open in direction of travel
- .
7 Two adjacent lanes open in direction of travel
f---=--
~ Three adjacent lanes open in direction of travel
f---"-
f--- No lane closure allowed
-
REMARKS:
. This chart is not valid during an event atthe Coors Amphitheater.
. This chart is not valid two (2) hours before and (2) hours after an event at the Coors Amphitheater.
Traffic Operations - Electrical Systems Branch needs to be contacted in advance in order to optimize the signal
light settings for this detour.
This chart is valid for erection and removal of falsework and replacement of overhead sign only.
Detour SB RTE 805
Detour SB RTE 805 traffic southerly on RTE 805 to SB RTE 805 Off-ramp to E. Orange Ave / Olympic Pkwy
thence to SB RTE 805 On-ramp tromE. Orange Ave / Olympic Pkwy.
KP: 7.11
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Contract No. 11-156584
180 //-;).0
P-1""4II130380
-
Local Assistance Procedures Manual
ATTACHMENT ~ EXHIBIT 12-E
Local Agenc~E Informatinn
LOCAL AGENCY BIDDER-DBE-ThœORMATION
This infonnation may be submitted with your bid proposal. If it is not, and you are the apparent low bidder
or the second or third low bidder, it must be submitted and received by the administering agency no later
than the time specified in the special provisions.
CO./RTE./P.M.:
CONTRACT NO.: 11-156584
BID AMOUNT: $ 14.859035.00
BID OPENING DATE: March 30 2004
BIDDER'S NAME: . Yea2er Skanska Inc.
ADDRESS: P.O. Box 87
Riverside CA 92502
DBE GOAL FROM CONTRACT: 13.88 %
ITEM OF WORK AND DOLLAR
DESCRIPTION OF WORK OR NAME OF DBE" PERCENT
CONTRACT SERVICES TO BE (Name ofDBEs, Certification Number, AMOUNT ...
ITEM NO. ...
SUBCONTRACTED OR MATERIALS and Telephone Number) DBE DBE
TO BE PROVIDED
73 AC Dike AC Dike Company $13,006.00 0.09%
CT-000219
(916) 652-0159
7 & 12 Temp Erosion Control Hydrosprout, Inc. $33,106.00 0.22%
CT-00877 I
(760) 432-8233
13,32,39,100-102 Signs Statewide Safety & Signs, Inc. $100,667.00 0.68%
CT-004119
(805) 929-5070
Total Claimed $146,779.00 $146,779.00
Partieipation 0.99 % 0.99 %
. If 100% of item is notto be performed or furnished by DBE, describe exact portion, including planned location of work to
be performed, of item to be performed or furnished by DBE
.. DBEs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified-State-funded only
cannot be used to meet goals on federally funded contracts.
... Credit for a DBE supplier, who is not a manufacturer is limited to 60% oflhe amount paid to the supplier. (See Section
"Disadvantaged Business" (DBE) of the special provisions)
IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above shoutd be
consistent with the name and items of work in the "List of Subcontractors" submitted with your bid pursuant
to the Subcontraetors Listing Law.
ChbM ~
-f , ~ 04/01/04 1909) 684-5360
Signature of Bidder Date (Area Code) Tel. No.
Chad Mathes - Estimator
Person to Contact (please type or print)
I Distribution for all Projects:
II-;;}.!
g. " .. RICK
. , L ENGINEERING
I ¡ I ,COMPANY San Diego
ATTACHMENT 7
_.
Riverside
Orange
Phoenix
Tncson
March 31, 2004
Mr. Frank Rivera
Deputy City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
SUBJECT:
I-805/E. ORANGE A VENUEIOL YMPIC PARKWAY INTERCHANGE PROJECT:
REQUEST FOR ADDITIONAL PS&E FUNDS (JOB NUMBER 12755)
Dear Frank:
Per the Eighth Amendment to the original contract for the above-referenced project, Rick
Engineering Company was obligated to submit plans to the Califomia Department ofTransportation
(Caltrans) for review at the 30% (Geometric Approval Drawings), 75%, 90%, and 100% stages of
the project. Due to three additional submittals requested by Caltrans (at the Design Oversight's
termed 99%, 99.5%, and 99.7% stages of the project), additional costs were incurred.
As of Rick Engineering Company's Invoice No. 103461 dated February 26, 2004, the billings
indicate a negative amount of$178,302.95 for Milestone 10 and a negative amount of$21,373.8l
for Additional Plans, Specifications & Estimates. This total, $199,676.76, equates to the additional
funds we are requesting to help recover the costs incurred for the additional submittals.
Thank you in advance for your cooperation with this matter. Please feel free to call Edgar Camerino
or me if you have any questions.
Sincerely,
RIC) E5'INEERING COMPANY
;þ<:.. ¡:::.~
Kai E. Ramer
Associate Principal
ker:ec:fi1es\l27 5 5\text\127 55 .037 .doc
cc: Mr. Edgar Camerino - Rick Engineering Company
//--;&()-
5620 Friars Road . SanDiego . California' 92110-2596 . (619)291-0707 . FAX: (619)291-4165 . www.rickengineering.com
CITY OF CHULA VISTA
CAPITAL IMPROVEMENTS PROGRAM DETAIL
CIP NO: STM328 NEW CIP NO 24093280 INITIALLY SCHEDULED: 10/01/1999
TITLE: Olympic ParkwaylI-805 Interchange DEPARTMENT: Public WorksIEngineering
COMMUNITY PLAN AREA: Central Chuta Vista PROJECT MANAGER: Frank Rivera
PROJECT TOTAL
COST ESTIMATES: APPROPRIATIONS FY 2oo3~ FY 2004.05 FY 2005.06 FY 200&.07 F'( 2007.08
TOTAL THRU 2002.03
1. Planning I Env. Review St 150000 SI,150,000 SO SO SO SO SO
2. land AcquiSition S2 125,000 S2 125 000 SO SO SO SO SO
3. Design S2ooo 575 S2,000,575 SO SO SO SO SO
4. Constructloo SI6 555 000 St6.555,000 SO SO SO SO SO
TOTALS SI1,830,1175 S21,830,l78 SO SO SO SO SO
FINANCING SOURCES:
CALTRANS SOUNDWA SI,145,000 SI,t45,000 SO SO SO SO SO
DIFTRANS S3.685,375 S3,685,375 SO $0 SO SO SO
FEDTRANSDEMO $5,132,000 S5,132,000 SO SO SO SO $0
RSTP S8,446,000 S8,446,000 J:u.,' SO SO SO SO SO
TRANSNET S3.422,000 S3,422,000 ".n"" SO SO SO SO SO
TOTALS: """',2.1~P~~~.,, jòi,.",S~.1,IQ~7S.,iI,'" .,,' '" .1,."1>"'.1,.,, 'iI~~h ,...:c" "".., " SO II ~O SO sþ
DESCRIPTION:
-
......
~ JUSTIFICATION:
\jJSCHEDULlNG:
STATUS:
BUDGET EFFECT: None
This project will provide operational improvements of tnterslate 805 and Olympic Parkway, east to Oleander
Avenue. Improvements will include ramp widening. street widening, utility relocation, installation of
soundwalls and installation or modification of traffic signals east and west ofthe li'eeway.
The interchange and roadway improvements are needed due to anticipated traffic capacity demand.
Design will be completed in the summer of 2003. The project will be bid over the sununer and eonstruction
will start in the fall of2oo3. Construction will continue in FY 03/04 and be completed in FYO4/05.
The Project Study Report was approvedin April 200 1. The design plans, which are 90% complete, have been
sent to CalTrans.
-Ct22-
~.~-~-'._-- ---------------- ----- ---
VICINITY MAP:
~
þ
()
:r
s:
m.
z
-!
F
STM328
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
ATIN: GARY VETTESE
Agency PrelimiIJary Engineenng
State Furnished PrelimiIJary Engineering
Overhead at_%
R/W Engineering & Administration Costs
R/W Purchase Costs
Relocation Assistance (SJ 3A055)
Contract Items
St.FurnM&E
Utilities
Contingencies
Tramees
Agency Furn. Mat.
Contract Total:
$14,682,179
$1,468,218
(eleven)
$191,100
$16,341,497
~
\
~
-{:.
RE Office
Agency Furn. Construction Engineering
Overhead at_%
State Furnished Materials Testing
Overheadat_% EANo.-
Striping by Agency
Federal:DEMO 80%/20%; RSTP 88.53%/11.47%
Participation: 100.000/0
Reimb. Ratio: 86.33%
FINANCE LEITER
12/9/03
Date:
Agency:
09-Dec-03
City of Chula Vista
HP2l STPL-5203 (019)
11-212614L
Project No.
EANo.
DEMO OiliER FEDERAL OiliER
FEDERAL FUNDS: STIP(S) & FUNDS
FUNDS STIP(RIP) (I) Type: Local
;Iõu,
:~
);>
0
::c
š::
m
z
-!
I~
'H¡(:
TOTAL:
,21,626,49
,=6,
,~
17,388,140
Signature:
/<-.
í< MJ-€/LCc
P. [;. f .r IE,
~~
Tide: DEPUTY DIRECTOR OF ENGINEERING
I). STIP(RIP) soundwall funds of$1.l45M were voted on 6/26/03 under EA234000 & will be paId tbroughlocal capital outlay under EA234008.
REMARKS: 2).Caltrans to perfurm some c.E. as reimbursØ work under COOP agreement # 11-0601. 3).RSTP & TransNet R/W available balance transferred to construction.
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONSTRUCTION CONTRACT FOR THE I-805/EAST
ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE
IMPROVMENTS (STM-328) TO YEAGER-SKANSKA INC., IN
THE AMOUNT OF $14,859,035.30
WHEREAS, the City desires to reconstruct the interchange at I-805/East Orange
Avenue/Olympic Parkway in order to accommodate additional lanes on the bridge deck and
approaches between Melrose Avenue and Oleander Avenue; and
WHEREAS, on January 2,2004, the City Engineer advertised this project in
conformance with the City ofChula Vista's competitive bidding process; and
WHEREAS, by 2:00 p.m. on March 30, 2004, the City Engineer received a total of five
(5) bid proposals for this project as follows:
Contractor Bid Amount
Yeager-Skanska Inc., Riverside CA $14,859,035.30
Erreca's/Hansen/SJH, Lakeside, CA $14,866,762.90
FCI Constructors Inc., Vista, CA $14,894,893.50
Diablo Contractors Inc., San Ramon, CA $15,181,366.00
Hazard Construction Company, San Diego, CA $15,742,647.72
WHEREAS, the bid received byYeager-Skanska Inc., in the amount of$14,859,035.30,
is approximately 1.2% over the City Engineer's estimate of$14,682,179; and
WHEREAS, Engineering staff has verified the references provided by the contractor and
their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and is recommending awarding a contract in
the amount of$14,859,035.30 to Yeager-Skanska Inc. of Riverside, California; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA), and National
Environmental Policy Act (NEPA) and the Mitigated Negative Declaration/Environmental
Assessment (MND/EA) and Mitigation Monitoring and Reporting Program which was issued
and accepted by the City Council on May 6,2003 (Resolution 2003-181); and
WHEREAS the Federal Highway Administration (FHW A) issued a Finding of No
Significant Impact (FONSI) in accordance with NEPA on May 9, 2003; and
WHEREAS, no further environmental review or documentation is necessary; and
WHEREAS, a public hearing rewarding the waiving of a defect in Yeager-Skanska Inc.'s
bid was held at the at 6:00pm, April 28' , 2004, City Council meeting.
JI-;;lS
WHEREAS, Yeager-Skanska Inc.'s unit price for line item 133 in words and figures,
along with the total bid amount, is consistent; and
WHEREAS, the bid documents for this project state that if there is a disparity between
the lump sum and unit bid price the unit bid price set forth in figures and words takes
precedence; and
WHEREAS, it is necessary for the benefit of the public to waive the defect because it is
inconsequential, re-bidding the project would delay a $15 million dollar project for at least a
month and a half, and re-bidding the project would also likely result in a significantly higher low
bid.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Chula
Vista does hereby award the contract for the "I-805/East Orange Avenue/Olympic Parkway
interchange improvements (STM-328)" project to Yeager-Skanska Inc., in the amount of
$14,859,035.30.
BE IT FURTHER RESOLVED that the inconsequential defect in Yeager-Skanska Inc. 's
bid is waived because it is necessary for the benefit of the public.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said Agreement for and on behalf of the City ofChula Vista.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
VC1A- ì, l-tc:.-......---
Ann Moore
City Attorney
KlAttorney\bidslSTM328YeagerSkanska reso.doc
2
/1- ;;;tt,ø
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE DIRECTOR OF PUBLIC
WORKS OPERATIONS INDIVIDUAL CHANGE ORDER
AUTHORITY UP TO $100,000 AND CUMULATIVE CHANGE
ORDERS UP TO $765,951.77 FOR I-80S/EAST ORANGE
AVENUE/OLYMPIC P ARKW A Y (PROJECT STM-328), PER
COUNCIL POLICY 574-01
WHEREAS, the City desires to reconstruct the interchange at I-805/East Orange
Avenue/Olympic Parkway (project STM-328) in order to accommodate additional lanes on the
bridge deck and approaches between Melrose Avenue and Oleander Avenue; and
WHEREAS, on December 12, 2000, the City Council amended Council Policy 574-01
. authorizing the Director of Public Works to approve individual change orders increasing or
decreasing the original contract amount up to $50,000; and
WHEREAS, the bid received from Yeager-Skanska Inc. for Project STM-328 is in the
amount of$14,859,035.30; and
WHEREAS, per Council Policy 574-01, the maximum aggregate amount of all change
orders shall not increase the contract amount by rnore than $73,000 plus 5% of the contract
amount over $1,000,000 equals $765,951.77 on project STM-328; and
WHEREAS, due to the size and scope of the project staff anticipates that many change
orders will exceed the $50,000 limit as compared to more typical public work projects; and
WHEREAS this proposed change will modify Council Policy 574-01 to allow the
Director of Public Works Operations to approve individual change orders from a $50,000 limit
up to a rnaximum $100,000 on Project STM-328, but will not change the allowed maximum
aggregate amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby amend City Council Policy 574-01 to allow the Director of Public Works
Operations to approve individual contract change orders, only for project STM-328, up to
$100,000 and cumulative contract change orders up to a maximum aggregate amount of
$765,951.77.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~o.-- ì. I-f-- Ñ,z..
Ann Moore
City Attorney
H..\AuorneyISTM328policy574-01 reso.doc
11,;;;1
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE CITY ENGINEER'S
ACTION FOR ADDITIONAL PLAN SUBMITTAL COSTS FOR
THE I-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY
INTERCHANGE IMPROVEMENT PROJECT (STM-328) IN
THE AMOUNT OF $199,676.76
WHEREAS, the City desires to reconstruct the interchange at I-805/East Orange
Avenue/Olympic Parkway (Project STM-328) in order to accommodate additional lanes on the
bridge deck and approaches between Melrose Avenue and Oleander Avenue; and
WHEREAS, during the Preliminary Engineering phase of this project, Rick Engineering
Company (Consultant) had already submitted to Caltrans three of the four plan reviews at certain
agreed upon milestones; and
WHEREAS, the fourth plan submittal, representing the final plan submittal in the
contract, could not be made until design issues related to the sound barriers and the need to
provide additional cross-sections for the sound berms was provided in order to reduce
maintenance costs for project appurtenances such as drainage channels, landscaping maintenance
access were resolved; and
WHEREAS, a combination of earthen berms (sound berms) and sound walls would
provide for a more aesthetic freeway corridor; and
WHEREAS three additional plan submittals to Caltrans were made by the Consultant
totaling $199,676.76 at the direction of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ratify the action of the City Engineer for costs associated with additional plan
submittals by Consultant for project STM-328 in the amount of$199,676.76.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
O::w- 1 . \-t c..--<L-- ii-....
Ann Moore
City Attorney
H:lAttomey'SrM328additional plans Rick coso.doc
11';;;"ff
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS OPERATIONS TO ENTER INTO AN AGREEMENT
WITH THE CALIFORNIA HIGHWAY PATROL FOR
CONSTRUCTION ZONE ENHANCED ENFORCEMENT
(COZEEP) SERVICES FOR THE I-805ÆAST ORANGE
AVENUE/OLYMPIC P ARKW A Y INTERCHANGE
IMPROVEMENT PROJECT (STM-328) IN AN AMOUNT NOT
TO EXCEED $100,000
WHEREAS, the City desires to reconstruct the interchange at I-805Æast Orange
Avenue/Olympic Parkway (Project STM-328) in order to accommodate additional lanes on the
bridge deck and approaches between Melrose Avenue and Oleander Avenue; and
WHEREAS, during the construction phase of this project traffic control assistance will be
required on Interstate-80S by the California Highway Patrol; and
WHEREAS, the Project Report titled "Revise Interchange in San Diego County in Chula
Vista on Interstate 805 from Main Street/Auto Park Drive Undercrossing to (East) Palomar
Street Overcrossing" dated March 18, 2003 was approved by City Council on May 6, 2003; and
WHEREAS, per the Project Report, Construction Zone Enhanced Enforcement
(COZEEP) will be provided by the California Highway Patrol within and near the limits of
construction in order to control the movement of public traffic through the work zone; and
WHEREAS the Director of Public Works Operations rnust enter into an agreernent with
the California Highway Patrol for COZEEP services.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula
Vista does hereby authorize the Director of Public Works Operations to enter into an agreement
for COZEEP services with the California Highway Patrol for Project STM-328 in an amount not
to exceed $100,000.
Presented by
Approved as to form by
j)~ '¡. I-t~ 1'0'"
Ann Moore
City Attorney
Jack Griffin
Director of General Services
H:lAttorneyISTM328COZEEP roso.doc
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