HomeMy WebLinkAboutAgenda Packet 1997/06/24
-. declare wndar penelty of periu~ t~at r am
employad by the City of Chula VIsta on the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin B~ard at
Tuesday, June 24, 1997 the Public er ices Building ~ ~~II on .. Council Chambers
6:00 p.m. DATED, 10 '1 .' SIGNED }~ Public Services Building
Regular Meeting of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot -' Padilla -' Rindone -' Salas -' and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: June 2, 1997 (Special Meeting/Worksession) and June 3, 1997 (Regular
Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the week of June 23 through June 29, 1997 as "Amateur Radio Field Day."
Mayor Horton will present the proclamation to Tuck Miller, Assistant Section Manager, Amateur
Radio.
b. Update on the Port District by Port Commissioner David Malcolm.
CONSENT CALENDAR
(Items 5 through 18)
The staff recommenMtions regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled 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 Board and Comlllission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 6/17/97 in which the City Attorney participated, that there
were no reportable actions which are required under the Brown Act to be reported. 11 is
recommended that tbe letter be receiVéd and tiled.
6. ORDINANCE 2709 APPROVING AN AMENDMENT TO THE OT A Y RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT
REGULATIONS (second readin~) - McMillin has submitted an amendment for
Villages One and Five. The SPA Amendment proposes cbanges to the Planned
Conununity District regulations concerning design standards in Neighborhood
R-ll of Village One. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Planning)
Agenda -2- June 24, 1997
7.A. RESOLUTION 18708 APPROVING A CONTRACT WITH THE CHULA VISTA CHAMBER OF
COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND
VISITORS BUREAU PROMOTION SERVICES - Pursuant to Council Policy
Number 230-01, staff has negotiated a contract with the Chula Vista Chamber
of Commerce for operation of a Chula Vista Convention and Visitors Bureau
and the performance of certain designated visitor and convention promotional
services. The probosed contract runs through the end of tiscal year 1998/99,
at which time a su sequent contract and budget would be brought forward for
consideration. Staff reconunends approval of the resolutions. (Deputy City
Manager Krempl and Principal Management Assistant Young)
B. RESOLUTION 18709 APPROVING FOURTH AMENDMENT TO THE CONTRACT WITH
THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND
TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR
INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN
OFFICE
8. RESOLUTION 18710 EXPANDmG THE TEMPORARY CLOSURE OF CENTER STREET AND
ADDING A PORTION OF CHURCH A VENUE TO EXPAND THE
DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS
SUBJECT TO EXISTmG CONDITIONS OF APPROV AL - On 10115196,
Council approved the closure of Center Street between Third Avenue and
Church Avenue on Thursday afternoons between 2:00 p.m. and 7:00 ¡-m. for
the Downtown Farmers' Market. The Market has been very successfu and the
Downtown Business Association (DBA) would like to expand the Market. The
DBA requests that the City allow: (I) the expansion of the Center Street closure
to a point of just west of the Norman Park Senior Center parking lot exit; and
(2) the additional closure of the portion of Church Avenue that intersects with
Center Street south to the entry driveway to Parking Lot Number 10. Staff
recommends approval of the resolution. (Director of Community Development)
9. RESOLUTION 18711 ACCEPTING BIDS AND AWARDmG LANDSCAPE MAINTENANCE
CONTRACT FOR OPEN SPACE DISTRICTS 1, 5, 9 AND 10 TO NEW
WAY PROFESSIONAL SERVICES - Bids were received on 6/10/97 to
provide landscape maintenance. Existing contracts will expire 6/30/97. Staff
reconunends approval of the resolution. (Director of Parks, Recreation and
Open Space)
10. RESOLUTION 18712 ACCEPTmG BIDS AND AWARDING LANDSCAPE MAmTENANCE
CONTRACTS FOR OPEN SPACE DISTRICTS 3, 4, 81i 11, 14, 15 AND 24
TO NEW WAY PROFESSIONAL SERVICES AND C LANDSCAPE-
Bids were received on 6/ I 0/97 to provide landscape maintenance. Existing
contracts will eXtre on 6/30/97. Staff recommends approval of the resolution.
(Director of Par s. Recreation and Open Space)
1LA. RESOLUTION 18713 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT FOR RENEWAL OF LANDSCAPE
MAINTENANCE FOR THE EASTLAKE MAINTENANCE DISTRICT 1
TO ALVEZIA LANDSCAPE AND FOR EASTLAKE MAINTENANCE
DISTRICT ZONE D TO RC LANDSCAPE - Staff is reconunending that the
City exercise its option to renew the landscape maintenance contracts with RC
Landscape. Alvezla Landscape and New Way Professional Services for fiscal
year 1997/98. In order to avoid any contlict of interest. and maximize
Council's participation, it is necessary to consider the contract tor the EastLake
Maintenance District separately. Staff recommends approval of the resolutions
renewing the contracts with Alvezia Landscape and RC Landscape. (Director
of Parks. Recreation and Open Space)
B. RESOLUTION 18714 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICTS 2,6,7,
17,18,20,23,26,31, AND BA YFRONT TROLLEY STATION
Agenda -3- June 24, 1997
12. RESOLUTION 18715 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CITY-
WIDE STREET SWEEPING SERVICES TO R.F. DICKSON COMPANY,
INC, FOR THE PERIOD OF JULY 1, 1997 THROUGH JUNE 30,2000
AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT -
On 9/22/92, Council approved a contract with R.F. Dickson, Inc. to provide
City-wide street sweeping services. The agreement provided for three years
(1/1/93 through 12/31/95) of street sweeping, with the option of extending the
agreement for up to two additional years. Council subsequently approved
contract extensions through 6130/96 and through 6/30/97, respectively. Staff
recommends approval of the resolution. (Director of Public Works and Director
of Finance)
13. RESOLUTION 18716 ACCEPTING BIDS AND AWARDING CONTRACT FOR "ROOT
REMOVAL AND SIDEWALK REPLACEMENT AT VARIOUS
LOCA TIONS (FISCAL YEAR 1996/97 PROGRAM)" AND
AUTHORIZING THE TRANSFER OF FUNDS FROM THE
CONSTRUCTION MATERIALS ACCOUNT TO ACCOMPLISH ALL
PRIORITY 1 AND 2 SfDEWALK REMOVALS AND THE USE OF
1997/98 GAS TAX PROJECT GTlOI4-STAFF TIME FOR CIP
PREPARATION FOR REIMBURSEMENT OF STAFF COSTS - On
5/28/97. bids were received. The work consists of removal of replacement of
curbs, gutters, sidewalks, and driveways which have been displaced by tree
roots on various sidewalks within the City. The work also includes removal of
the roots causing these displacements under the sidewalks to be removed. Staff
recommends Council approve the resolution and award the contract to Doug
Kost Konstruction. (Director of Public Works)
14. RESOLUTION 18717 ACCEPTING BIDS AND AWARDING CONTRACTS FOR TREE
TRIMMING SERVICES FOR FISCAL YEAR 1996/97 TO ATLAS
ENVmONMENTAL SERVICES, INC. IN THE AMOUNT OF $37,566.80
AND AZTEC LANDSCAPE IN THE AMOUNT OF $57,435.44,
APPROVING TRANSFER OF FUNDS, AND AUTHORIZING THE
MA YOR TO EXECUTE THE CONTRACTS ON BEHALF OF THE CITY
On 6/4/97, bids were received. Staff has evaluated the bids and recommends
that the contracts be awarded. Staff recommends approval of the resolution.
(Director of Public Works)
15. RESOLUTION 18718 APPROPRIATING UNANTICIPATED REVENUES FROM THE
CENTRAL GARAGE FUND TO THE 1996/97 CENTRAL GARAGE
BUDGET FOR UNANTICIPATED REPAIR WORK TO FOUR POLICE
VEHICLES - The Central Garage has had unanticipated repair work done on
three Police patrol vehicles and one Police motorcycle that were damaged in
citizen-caused accidents. The insurance money has been received and needs to
be appropriated to the Garage budget to cover the repair costs so that sufficient
funds are available to cover remaining service work for the tiscal year. Staff
recOlrunends approval of the resolution. (Director of Public Works) 4/5th's
vote required.
16. RESOLUTION 18719 ACCEPTING BIDS AND AWARDING CONTRACT FOR "SEWER
REHABILITATION - PHASE VlI IN THE CITY (SW-900)" - On 6/4197,
bids were received. The work to be done includes excavation and grading,
asphalt concrete pavement, crushed aggregate base, trench shoring, traffic
control, installation of 8" sewer mains. lining existing sewers using cured in
place liner pipe (lnsituform), rehabilitation of existing manholes, construction
of new manhole, and other miscellaneous work shown on the plans. Staff
recommends approval of the resolution awarding the contract to Dietrich
Corporation, El Cajon in the amount of $454.005. (Director of Public Works)
Agenda -4- June 24, 1997
17. RESOLUTION 18720 APPROVING AGREEMENT AMONG NATIONAL CITY, CHULA VISTA
AND PACIFIC NATIONAL CITY HOLDINGS FOR THE PROVISION OF
SEWER SERVICE TO A MCDONALD'S RESTAURANT THROUGH
THE CITY FACILITIES - Pacitic National City Holdings, LP., submitted a
site plan to the City, showing the development of a McDonald's restaurant,
located at the northwest corner of Brisbane Street and North Fourth Avenue.
During the course of the plan review, it was determined that no National City
sewers are available to the site. Consequently, sewer service would have to be
provided through Chula Vista's facilities. Staff recommends approval of the
resolution. (Director of Public Works)
18. RESOLUTION 18721 ACCEPTING BIDS AND AWARDING CONTRACT FOR "C" STREET
SEWER MAIN EXTENSION FROM DEL MAR A VENlÆ TO 350 FEET
EASTERLY (SW-213), AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SCHEDULED PAYMENT
REIMBURSEMENT AGREEMENTS - On 61 II 197, bids were received. Staff
recommends approval of the resolution awarding the contract to Basile
Construction, Inc. in the amount of $27,990.50. (Director of Public Works)
ADJOURNMENT TO REGULAR ANDIOR JOINT MEETING OF THE REDEVELOPMENT AGENCY
* * * EN/) OF CONSliNT CMÆNIM/I * . .
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. I1lOse who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak FornI" available in the lobby and submit it to the City
Clerk prior to the meeting.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
Agenda -5- June 24, 1997
ACTION ITEMS
The items listed in this section of the agenda are expected to elicir substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and sl/bmit it to the City Clerk prior to the meeting.
19, RESOLUTION 18722 SUMMARILY VACATING THE EXISTING GRADING EASEMENT IN
LOTS 49 THROUGH SS OF TRACT NUMBER 88-1, RANCHO DEL
REY, PHASE 4, UNIT 3 - In conjunction with the development of Rancho del
Rey Subdivision, Phase 4, Unit 3, the developer granted a grading easement at
the rear of seven lots in order to extend the slopes to meet the grades of a future
development adjacent to this subdivision. The slope work has been completed
and the grading permit signed off. The grading easement, therefore, is no
longer needed and may be vacated. Staff recommends approval of the
resolution. (Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removetlfrom the Consent Calendar.
Agenda items pulled at the reql/est of the public will be considered prior to rhose pI/lied by Councilmembers.
OTHER BUSINESS
20. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
21. MAYOR'S REPORTfS)
a. Ratification of reappointments (terms will expire June 30, 200 I):
Commission on Aging - Leo J. Kelly;
Board of Appeals and Advisors - Anne H. Fabrick;
Charter Review Conunittee - Barbara McAllister and Deric Prescott;
Child Care Commission - Sylvia Cunningham;
Civil Service Commission - Julita David (Council appoint)
Economic Development Commission - Thomas Rodrigo and Nate Rubin;
Board of Ethics - Juan R. Gonzales;
Growtb Management Oversight Commission - Carol Lynn Dull (Sweetwater);
Housing Advisory Commission - M. Theresa Ahamed (At Large) and Joanne D. Clayton (Broker);
Human Relations Commission - Scott Jeffrey;
International Friendship Commission - Larry Breittelder and Fran Larson;
Mobilehome Rent Review Commission - Earl Biggers (Ex-Oftïcio) and Steve Epstein (Ex-Officio);
Parks and Recreation Commission - Mary K. Dennison;
Planning Commission - Patricia Aguilar and M. Kevin O'Neill;
Resource Conservation Commission - Teresa Thomas;
Safety Commission - Douglas Cochrane;
Veterans Advisory Comlnission - Stephen R. Arends and Edmund R. Scharff;
Youth Commission - James J. Alfaro (Castle Park Middle School), Ellie Cox (Hilltop High) and
Jim Perondi (Bonita Vista High).
Agenda -6- June 24, 1997
b. Ratification of appointment to the Charter Review Commission - Harriet F. Acton (to fill vacancy
created by Commissioner Bystrak, whose term expires June 30, 1998).
c. Prioritization of PVEA Funding Requests and Separation of BECA Proposal Components.
22. COUNCIL COMMENTS
AD JOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on July 15, 1997 at
6:00 p.m. in the City Council Chambers.
A special meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
.. declare wndar panelty of perjury that I em
employad by the City of Chula Viste In the
Of.fice of the City Clerk and that I posted
this Agenda/Notice on tha Bulletin Board at
Tuesday, June 24, 1997 the Public rvlc a Building and at City Hall on Council Chambers
6:00 p.m. DATED '..:Zð?;9 SIGNED 5:/~~HPublic Services Building
(immediately following the City Council eeti
City of Chula Vista City Cnundl
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are permitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of iŸ11!1 action taken in closed session, and the votes
taken, However, due to the typical length of time taken up by closed sessions, the videotaping will be temtinated
at this point in order to save costs so that the Council's return from closed session, reports of iŸ11!1 action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
. Flynn v. City of Chula Vista.
. Newman v. City of Chula Vista.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957,6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
June 18, 1997
MEMO TO: Carla Griffin, City Clerk's office
FROM: Patricia Salvacion~Mayor/Councii office
SUBJECT: SPECIAL ORDERS OF THE DAY - JUNE 24, 1997
Please docket the following proclamation for the Council meeting of June 24, 1997:
PROCLAIMING THE WEEK OF JUNE 23 THROUGH JUNE 29, 1997 AS
AMATEUR RADIO FIELD DAY
Tuck Miller, Assistant Section Manager will be accepting the proclamation.
Thank you,
LIe¿ - /
MEMORANDUM ~~. if C ¡=-~-=-
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DATE: June 20, 1997 . if'"..':,::;' i
TO: Mayor Shirley Horton
FROM: ~rlY Blessent, Associate Planner
Please note that there is an additional item which should be added to "Special Orders of the Day" for
the June 24 City Council meeting. The City recently received an American Planning Association
award. for the Otay Ranch Sectional Planning Area One Plan. Bob Leiter, Director of Planning will
present this award to the City.
June- 19, 1997
TO: The Honorable Mayor and city Council
FROM: John D. Goss, City Manage~
SUBJECT: City Council Meeting of ~ e 24, 1997
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, June 24,1997. Comments regarding
the written communications are as follows:
Sa. This is a letter from the City Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed session on 6/17/97 in which the City Attorney
participated, there were no reportable actions required under
the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab
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CllY OF
CHULA VISTA
OFFICE OF THE CITY A TIORNEY
Date: June 18, 1997
To: The Honorable Mayor and City Council /~~
' ~;.-
From: John M. Kaheny, c~ty Attorne
Re: Report Regarding Actions Tak in Closed session
for the Meeting of 6/17/97
The city Council met in Closed Session to discuss Griffin v. city
of Chula Vista, Wolfe v. City of Chula Vista and labor
negotiations.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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-<.'°-<. ~""ç,1,.1 ORDINANCE NO. 2709 .
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~~O ~~~~\> ç,<V AN ORDINANCE OF THE CITY COUNCIL O_~~' CITY
"ç,ç,~ ~~~~~ OF CHULA VISTA APPROVING AN AMEND~T TO THE
~<v ~~" OTAY RANCH SECTIONAL PLANNING ~ (SPA) ONE
0 PLANNED COMMUNITY DISTRICT ~TIONS
~"
WHEREAS, an application fO~endment to the Otay Ranch
Sectional Planning Area (SPA) On n, was filed with the City of
Chula vista Planning Department April 10, 1997 ("Project") by
the McMillin Companies ("Applicant"); and
WHEREAS, these Planned Community District Regulations are
established pursuant to Title 19 of the Chula vista Municipal Code,
specifically Chapter 19.48 PC Planned Community Zone, and are
applicable to the otay Ranch SPA One Land Use Plan of the SPA Plan,
and;
WHEREAS, the Planning Commission set the time and place for
hearings on said Project and notice of said hearings, together with
its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to Property Owners and
tenants wi thin 1,000 feet of the exterior boundaries of the
property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as
advertised on May 21, 1997 in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission; and
WHEREAS, a Second-tier Draft Environmental Impact Report (EIR)
EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and
Findings of Fact and a Mitigation Monitoring and Reporting Program
have been issued to address environmental impacts associated with
the implementation of the SPA One Plan and the Project Documents;
and
WHEREAS, the Second-tier EIR 95-01, the Recirculated EIR and
Addendum incorporates, by reference, two prior EIRs; the Otay Ranch
General Development Planj Subregional Plan (GDPjSRP) EIR 90-01 and
the Chula Vista Sphere of Influence Update EIR 94-03 as well as
their associated Findings of Fact and Mitigation Monitoring and
Reporting Program. Program EIR 90-01 was certified by the Chula
Vista city Council and San Diego County Board of Supervisors on
October 28, 1993, and the Sphere of Influence Update EIR 94-03 was
certified by the Chula Vista City Council on March 21, 1995; and
WHEREAS, the City Environmental Review Coordinator has
reviewed the Project and determined that the Project is in
substantial conformance with the original SPA One Plan and the
Project Documents and the related environmental documents which
would not result in any new environmental effects that were not
previously identified, nor would the Project result in a
substantial increase in severity in any environmental effects
previously identified, therefore only an Addendum to FEIR 95-01 is
required in accordance with CEQA;~and
~ ---¡-I
WHEREAS, the city council of Chula Vista held a duly noticed
public hearing on June 3, 1997 regarding the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the
city of Chula vista does hereby ordain as follows:
1. ACTION
The City Council hereby approves the amendment to the
ordinance adopting the Planned Community District Regulations
for the Otay Ranch SPA One Plan finding that they are
consistent with the city of chula vista General Plan and that
the public necessity, convenience, general welfare and good
zoning practice supports their approval and implementation as
follows:
A minimum of 30% of the garages on housing located on lots at
least 60 feet wide by 110 deep (pads) shall be set back a
minimum of 30 feet and incorporate a "Hollywood" driveway (See
Village Design Plan). However, for Neiqhborhood R-11, the
model homes shall include at least one model with the option
of being sited and constructed with the "Hollywood" driveway
concept and the minimum percentaqe to be constructed in
Neiqhborhood R-11 shall be determined bv market conditions.
II. CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council does hereby find that FEIR 95-01 and
Addendum, the Findings of Fact, the Mitigation Monitoring and
Reporting Program and the Statement of Overriding
Considerations are prepared in accordance with the
requirements of the CEQA, the State EIR Guidelines and the
Environmental Review Procedures of the City of Chula vista.
III. This ordinance shall take effect and be in full force the
thirtieth day from its adoption.
Presented by Approved as to form by
( ~ rv1v&r ~ /,
Robert A. Leiter John M. Kaheny, city ~ey
Planning Director
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COUNCIL AGENDA STATEMENT Item 2-
Meeting Date 6/24/97
ITEM TITLE: A) Resolution / ~?tJ~pproving a contract with the Chula Vista
Chamber of Commerce to provide Chula Vista Convention and Visitors
Bureau Promotion Services
B) Resolution / 'd'? tJ 9 Approving Fourth Amendmentto the contract
with the Chamber of Commerce to provide Visitor and Transit Information
Services at the Chula Vista Visitor Information Center and Chamber of
Commerce Main Office
'1:/
SUBMITTED BY: D~pu~y City Manager Krempl b ./1
PrIncipal Management Assistant Y oungrY/
"
REVIEWED BY: City Manager (4/5ths Vote: Yes- No_X",)
Pursuant to Council Policy #230-01, as approved 3/21/95, staff has negotiated a contract with the
Chula Vista Chamber of Commerce for operation of a Chula Vista Convention and Visitors
Bureau and the performance of certain designated visitor and convention promotional services.
This proposed contract runs through the end of fiscal year 1998-99, at which time a subsequent
contract and budget would be brought forward for consideration. A corresponding two-year
extension to the existing contract with the Chamber for operation of the Visitor Information
Center is also recommended.
RECOMMENDATION: That Council approve the resolutions:
A) to adopt a two-year contract with the Chamber of Commerce for Convention and
Visitors Bureau promotional services, with total direct compensation totalling $74,800;
and
B) to make a corresponding amendment to the existing Chamber contract, extending the
initial term by two additional years.
BOARD/COMMISSION/BUSINESS COMMUNITY RECOMMENDATIONS:
Staff has worked with the Chamber of Commerce to finalize this contract and they concur in the
staff recommendations.
BACKGROUND
In 1994, in conjunction with consideration of the scheduled rate increase in the Transient
Occupancy Tax (TOT), Council received a request from the Chamber of Commerce and Chula
Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus already
serve Escondido, Carlsbad, Coronado, East County, and the San Diego metropolitan area. These
groups typically conduct advertising campaigns, produce brochures, attend trade shows, and
operate tourist-oriented facilities.
7~/
Item -, Page 2
Meeting Date 6/24/97
The focus of the Chula Vista bureau, as established in 1995, is on promoting Chula Vista
destinations, including the U.S. Olympic Training Center (aTe), Nature Center, White Water
Canyon, Chula Vista Yacht Harbor, and local motels, restaurants, shopping and other related
activities. This bureau also promotes Chula Vista during major conventions and events in the
region, including the Republican National Convention and the January 1998 Super Bowl.
On March 21, 1995, Council approved increasing the TOT rate from 8% to 10% along with a
policy (#2301-01, see Attachment #4) and a draft budget for a Convention and Visitors Bureau.
The funds to operate the Convention and Visitors Bureau were included in the approved City
budget for fiscal year 1995-96, subject to negotiation of a contract with the Chamber.
According to that policy, a one-year Convention and Visitors Bureau contract would be executed
with the Chamber of Commerce during the course of each year's budget consideration.
Guidelines for the contract dollar amount also are set forth in that policy. Basically, that policy
calls for an amount measured by 10% of the TOT revenues (1 of the 10%, or half of the 1995
increase) to be considered for a Convention and Visitors Bureau budget.
Although the bureau may eventually be "spun off' as a separate entity, neither staff nor the
Chamber recommends that option until the organization has a few years to build.
On a related subject, the City has had a contract with the Chamber for operation of the Visitor
Information Center at the Bayfront Trolley Station and the provision of general, visitor and transit
information at both that location and the Chamber main office. Several of the items provided
in that contract (i.e. operating subsidies) are identified in this contract as part of the City's
responsibilities toward the bureau (See Part B below).
UDdate on 1996-97 Actions
In July 1996, the first of the center's backlit displays, designed in-house by Planning and Public
Information staff, was completed and installed at a cost of approximately $7,700. It allows for
publicizing of City attractions and sale of advertising to area restaurants, motels, and other
businesses in a tasteful and organized manner. The new display includes space for 36 back-lit
photos and a telephone for speed-dialing to the advertisers.
Current panels featured on the display include: the Chula Vista Nature Center, Third Avenue
commercial area, ARCO Training Center, Chula Vista Yacht Harbor and South Chula Vista
Library. Paid ads have been sold to Travellers Inn Suites and KOA Campground. Although
marketing staff have approached other Chula Vista hotels, restaurants and other businesses about
placing ads, these two have been the only ones placed to date. Staff is evaluating other potential
ways to market the ads, which do involve some up-front expenditure by the businesses to have
a transparency produced, To this point, there has been interest expressed by advertisers from
7---2
Item -, Page 3
Meeting Date 6/24/97
outside Chula Vista, but staff has so far limited the displays' sale to Chula Vista-based
businesses.
One of the issues which will be a continuing focus for the City and Chamber in the coming year
is stabilization of the contractual marketing staff. The person initially hired by the Chamber left
this position in March 1996, with another person leaving in March 1997 to work full time for the
water park. The current marketing specialist has been on the job since March 1997 and has done
a good job of bringing improvements to the visitor center, including an ATM, new retail
merchandise (e.g. coffee mugs, pens, etc.), and tickets to White Water Canyon, Sea World, the
San Diego Zoo and other attractions. Other efforts include joint marketing with the Nature
Center, ARCO Training Center and Super Bowl host committee.
Subsidy payments for the visitor center have declined over the past two years. Payments through
1995 totalled $20,790 (from budgeted start-up funds of $8,100 and operating subsidy of$15,000
for the year), an average of $5,197 per quarter. Through all of 1996, that subsidy dropped to
$7,719.63 or an average of $1,930 per quarter. For the first quarter of 1997, the subsidy was
$762.23. Generally, staff sees the subsidy level falling on an annual basis, with some quarters
turning a profit (e.g. during spring/summer seasons). While it might be possible to reduce the
budgeted amount for a subsidy further, staff is hesitant to recommend any reduction beyond the
proposed level of $12,000. lfthe total amount of the subsidy is not spent, those funds may be
freed up for expenditure for other priorities.
Advertisements placed during the year included the City's continuing presence in the San Diegan,
a magazine typically provided in area hotel rooms and retail outlets. Other placements included
San Diego CONVlS Official Visitors Planning Guide and the State of California Visitor's Guide
(copies attached). One of the 1996-97 expenditures which has not turned out as planned was an
advertisement purchased in the San Diego Visitor Magazine. Chula Vista CONVlS purchased
a quarter page ad in this publication for $2,025. Although this was a legitimate and established
publication, the June 1997 edition was never printed and the publishers have since disappeared.
Based on the funds lost by Chula Vista CONVlS in this case and others throughout the County
(totalling approximately $30,000), the District Attorney's office has launched an investigation,
While recovery of the full amount is unlikely, staff will provide additional updates on this matter
as information becomes available.
Contract for Convention and Visitors Bureau
For 1997-98, the policy guideline is $137,500 in total Convention and Visitors Bureau funding
(based on 12-month data available through March 1997). The proposed contract is for a portion
of that total ($74,800), with the remainder of bureau-related services to be administered or
separately contracted by the City ($62,700; see following tables). This contract is a formalization
of the draft information presented in the proposed Community Promotions budget (pages 28-29),
7-3
Item -, Page 4
Meeting Date 6/24/97
Other than the new term and scope of services, this contract is substantially the same as the one
approved for 1996-97.
The projects to be undertaken and their budgeted amounts are divided into Chamber (Part A) and
City (Part B) responsibilities. Payments for the Part A Chamber-provided services would be
made on a quarterly basis in co~unction with quarterly reports from the Chamber presenting
appropriate project and accounting data.
Part A - Stand-Alone Items: Administered by Chamber via contract:
Marketing staff $30,000
CONVIS Membership $10,500
Brochure Distribution $2,900
Advertising Budget $25,000
Office Costs $1,000
Acco untingIBoo kkeeping $3,400
Travel/Conferences/City Marketing $2,000
TOTAL: $74,800
Part B - Joint Items: Administered by City:
Chamber of Commerce - Visitor Center Subsidy $12,000
(Annual maximum)
Visitor Center Utilities $16,270
San Diego Convention Center Display $1,200
Chamber Information Services (partial funding of $7,350
$13,375 total)
Public Information/Design staff $10,000
Visitor Center DisplayslExhibits $5,480
Visitor Center Maintenance $9,200
Contract Administration $1,200
TOTAL: $62,700
7-t(
Item -, Page 5
Meeting Date 6/24/97
Other Convention and Visitors Bureau Contract Terms
The budget as presented reflects a changing focus of convention and visitor bureau priorities.
In I995 and 1996, the main goals were to get the visitor center up and running and to make
major capital improvements to the visitor center. Among these projects were window/door
remodeling to enclose the former breezeway (for 470 additional square feet---a 67% increase.
usable in retail/visitor information display space), related HV AC work, construction of a large
backlit advertising display, addition of mural sized historic and contemporary photos, additional
landscaping, painting and ADA improvements. With much of that work completed, there is now
an increased capacity to provide for retail and advertising opportunities in the center.
As the center appears to have stabilized its finances, two proposals in this contract are to: I)
reduce the ongoing visitor center subsidy to a maximum of $12,000 per year, and 2) extend the
term of the agreement to two years. This should provide a solid "middle-stage" for the
Convention and Visitors Bureau for the Chamber and staff to further evaluate whether the
operation can eventually be spun off as a separate entity. By the time the contract next comes
up for review, this issue can be reevaluated in terms of the new water park, pending MCA
amphitheatre opening, and other tourist/visitor development.
Line item increases in this year's budget include advertising (proposed to increase from $23,100
to $25,000) and chamber information services (from a total of $12,048 to $13,375). This latter
change is in recognition of significantly increased phone calls and other inquiries related to the
water park, veterans home and soon the MCA---relating to employment in construction or water
operation and to visitor information. In the first five months of this year, the Chamber and
Visitor Center have already fielded more than 1,500 phone calls and 3,500 walk-in inquiries on
the water park alone.
New line items include accounting and bookkeeping staff time ($3,400) to track visitor center
cash receipts, advertising, payroll, and other contractual expenses; travel/conferences ($2,000) to
allow for Chula Vista Convis staff attendance at training seminars or marketing events on the
City's behalf; and contract administration by the City ($1,200) to recognize in-kind staff time
spent administering the various agreements, purchase orders and subsidy payments. Other pass-
through items included in this budget are the costs for visitor center utilities and maintenance
(e.g. painting, graffiti removal, repairs).
Among its general provisions, this contract would provide that:
. In any joint City/business advertising conducted by the Chamber on behalf of the Bureau,
participation be open to all tourist-relevant Chula Vista businesses, regardless of
membership in the Chamber of Commerce or Motel Association
)~~
Item -, Page 6
Meeting Date 6/24/97
* In no case would the Convention and Visitors Bureau subsidy for such joint advertising
exceed 60% of the total cost, with the remainder to be paid by the business(es)
participating in the advertising.
* All items funded by the Convention and Visitors Bureau Budget for publication, display,
signage, etc. be reviewed and approved by the Public Information Coordinator
Fourth Amendment to Existinl!: Contract: Visitor and Transit Information
The existing contract with the Chamber of Commerce for operation of the visitor information
center and provision of general, visitor and transit information services also expires on June 30,
1997. Although the original contract provided for three, three-year options to extend, it is the
recommendation of staff and the Chamber to extend this contract for two additional years. This
is seen as a transitional contract term which should either pave the way for further long term
extension or eventual spin-off of the Chula Vista Convention and Visitors Bureau into a stand
alone agency.
FISCAL IMPACT
As proposed in the fiscal year 1997-98 budget, the total Convention and Visitors Bureau budget
is $137,500, with $74,800 set aside for contractual services with the Chamber. This compares
to a total of $133,000 in 1996-97, with $67,500 for contractual services.
Of the $62,708 in remaining portions of the budget, many are related to the operation of the
Visitor Center and covered by a separate contract. The third amendment to this contract that is
being recommended would extend that agreement through June 30, 1997, to be co-terminus with
the new one-year Chula Vista Convention and Visitors Bureau contract.
All the items in this contract (as summarized in Charts A and B above) are included in the
approved 1996-97 budget, thus, no further appropriation is necessary.
Attachments:
1. ~ Resolutions
2. \~ Contract to Provide Convention and Visitors Bureau Promotion Services
3. Fourth Amendment to Contract to Provide Visitor and Transit Information
4. ~ Council Policy #230-01
k[ ,,;,,;", Co,- m "=;" V;,~ "" ,~;, "fu""""'" ""'-
6. Letter from Chula Vista Convention and Visitors Bureau
Copies of recent advertisements: San Diegan, San Diego Convention and Visitors Bureau Official Visitors
Planning Guide, State of Califomia Visitors Guide
r:fJ JY\c:wp51\analyses\convis97.113
~
7-¿'
RESOLUTION NO. ) J(?¿Jrr
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT WITH THE
CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE
CHULA VISTA CONVENTION AND VISITORS BUREAU
PROMOTION SERVICES
WHEREAS, pursuant to Council Policy #230-01, as approved
3/21/95, staff has negotiated a contract with the Chula vista
Chamber of Commerce for operation of a Chula vista Convention and
Visitors Bureau and the performance of certain designated visitor
and convention promotional services; and
WHEREAS, the proposed contract runs through the end of
fiscal year 1998-99, at which time a subsequent contract and budget
would be brought forward for consideration.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve a contract with the Chula
vista Chamber of Commerce to provide a Chula vista Convention and
Visitors Bureau Promotion Services, a copy of which is on file in
the office of the City Clerk as Document No._.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the city of Chula vista.
Presented by Approved as to form by
George Krempl, Deputy City
Manager
C:\rs\cha.ber.xtn
7//- /
Contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services
This Contract, entered into this June 24, 1997 for the purposes of reference only
and effective as of the date last executed by the parties, is between the CITY OF
CHULA VISTA, a chartered municipal corporation of the State of California (hereinafter
"City") and the CHULA VISTA CHAMBER OF COMMERCE (hereinafter "Chamber"), and
is made with reference to the following facts and definitions:
1. Recitals
Whereas, the Chamber occupies a unique public service position in the City and
has provided general informational and promotional services to the public at large for
many years; and
Whereas, the Chamber hereby warrants and represents that it is experienced and
staffed in a manner such that it can provide the convention and visitor promotion
services as herein required in accordance with the terms and conditions of this
Agreement; and,
Whereas, the City and Chamber have been party to separate agreements for:
Convention and Visitors Bureau Promotion Services through FY 1996-97, a copy of
which is on file with the City Clerk as Document No. CO 96-137, (hereinafter "Existing
CVCONVIS Contract"), and for Visitor and Transit Information services through FY 1996-
97, a copy of which is on file with the City Clerk as Document No. CO 96-138,
(hereinafter "Existing Information Contract"); and
Whereas, with the concurrence of the Chamber, the City adopted City Council
Policy #230-01 to provide support for a Chula Vista Convention and Visitors Bureau,
subject to annual approval of a budget and to execution of appropriate contracts; and
Whereas, the proposed Chula Vista Convention and Visitors Bureau budget for
Fiscal Year 1997-98 is $137,500, which is divided into portions administered by the City
and portions to be administered by contract, and the Chula Vista Convention and Visitors
Bureau budget for Fiscal Year 1998-99 shall be set by the City Council as part of the
1998-99 City budget;
NOW, THEREFORE, the City and the Chamber agree as follows:
2. Purpose: Chula Vista Convention and Visitors Bureau
The Chamber hereby agrees to include in its activities a Chula Vista Convention
and Visitors Bureau. This activity, which shall be in the form of a committee, shall
be pursued as part of this contract and shall be undertaken in the name of the
Chula Vista Convention and Visitors Bureau. Advisory participation on this
committee shall be open to all interested parties, regardless of membership in the
Chamber. Said open participation shall not preclude fund raising activities or fees
for member and/or patron listings. The general purpose of this activity shall be
7~ ~cÅ
Chula Vista CONVIS Contract
Page 2
to promote the City of Chula Vista and Chula Vista visitor destinations, meeting
facilities, tourism, and related businesses.
3. Contract Administrator
The City Manager or his or her designee shall be the Contract Administrator for
purposes of this contract. For those conditions requiring the written approval of
the City, the Contract Administrator shall have the authority to provide said written
approval.
4. Duties of the Chamber.
4.1 Scope of Work
Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the
proposed Convention and Visitors Promotion Budget submitted to the City Council
at that time, the Chamber agrees to provide the following goods and services,
according to the specifications and annual budgets as shown below. Annual
budgets shall be subject to adjustment for fiscal year 1998-99 based on the
amount appropriated by Council for this program. If such adjustments can not be
mutually agreed upon between the Contract Administrator and Chamber, the issue
shall be subject to final resolution by Council.
4.1.1 Marketing staff Budget: $30,000
Chamber shall hire full-time, part-time or contractual marketing staff
to coordinate an advertising and marketing campaign for the Chula
Vista Convention and Visitors Bureau. In addition, this staff will
oversee Visitor Information Center operations and the sale and
display of advertising therein. Incidental Chamber support and
liaison by the Marketing staff would be anticipated by this
agreement, with such support and liaison being in conjunction with
but not detracting from the performance of the primary Marketing
Staff responsibilities.
4.1.2 San Diego CONVIS membership Budget: $10,000
Chamber shall maintain membership in the San Diego Convention
and Visitors Bureau for the City of Chula Vista and/or Chula Vista
Convention and Visitors Bureau
4.1.3 Distribution of Visitor Brochure and Nature Center brochure
Budget: $2,900
Distribution shall include placement at all major brochure racks in
San Diego County, including but not limited to those at airports,
74:]
Chula Vista CONVIS Contract
Page 3
cruise ship terminals, bus and train stations, hotels, motels; visitor
centers and convention centers. With the first quarter (July-
September, 1995) distribution already paid, the contract amount for
this item shall be $2,175.
4.1.4 Advertising Budget: $25,500
Advertising design, content and placement shall focus on promoting
Chula Vista and Chula Vista attractions within the region and
maintaining primarily a visitor and/or convention orientation. Target
media may include, but are not limited to: regional magazines,
recreational vehicle or auto club publications, motel room event and
attraction listings, etc. For any ad placement or series of
placements in the same publication for which the total price shall
exceed $6,000, said placement shall be subject to review and
approval by the Contract Administrator. See also Section 4.5.
4.1.5 Accounting/Bookkeeping Budget: $3,400
Daily bookkeeping, cash reporting, payroll accounting, and payment
processing for Convention and Visitors Bureau activities.
4.1.6 Travel/Conferences/City Marketing Budget: $2,000
Convention and Visitors Bureau representation of the City in
business and tourist outreach.
4.1.7 Additional office costs Budget: $1,000
Shall generally cover overhead costs for marketing staff.
4.2 Budaets and Use of Funds
It is not the intention of this contract that the Chamber should be obligated to
expend any funds for these purposes beyond those budgeted. In any case in
which the goods or services itemized in Section 4.1 are provided for less than the
budgeted amount, those funds remaining shall be available for use for any of the
other projects included in the Scope of Work, subject to the prior written approval
of the Contract Administrator.
4.3 Amendments to Scope of Work
Any amendments to this Scope of Work or to the contract as a whole, such as to
increase the Total Compensation, to add a new project, or to make a substitution
for an existing project shall be subject to the prior approval of the City Council,
with the exception of potential reallocation of funds among projects listed in the
Scope of Work as may be authorized under the provisions of Section 4.2.
?/l-J(
Chula Vista CONVIS Contract
Page 4
4.4 Desian Approval
For those items which would entail graphic or display design (e.g. Advertising,
Visitor Brochure, Chula Vista display at the U.S. Olympic Training Center), the
Chamber shall work with City on initial design concepts and obtain the prior
written design approval of the City's Public Information Coordinator. Said
approval shall be in addition to any other required design review or other
discretionary City approvals.
4.5 Joint Advertisina
The Chamber shall be encouraged to engage in cooperative advertising
campaigns, with participation by the City and by local visitor-oriented businesses.
The maximum City participation via this contract (through Section 4.1.6) in any
such cooperative advertising shall be 60% of the cost of advertising production
and placement. Such cooperative advertising shall be open to all visitor-oriented
Chula Vista businesses, regardless of membership in the Chamber.
5 Duties of the Citv.
5.1 Additional Bureau Proiects and Services
Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the
proposed Convention and Visitors Promotion Budget submitted to the City Council
at that time, the City agrees to undertake the following projects, goods, services
and subsidies, according to the specifications and budgets as shown:
5.1.1 Chamber of Commerce Budget: $15,000
Visitor Center Subsidy
Per Existing Contract
5.1.2 Visitor Center Utilities Budget: $15,788
Annual water, electricity and other utility costs. Telephone costs are
paid by Chamber per Existing Contract.
5.1.3 Visitor Center Displays/Exhibits Budget: $10,000
Backlit displays, structural changes, etc. per Design Layout as
specified in Existing Contract
5.1.4 San Diego Convention Center Display Budget: $1,188
20"x30" Duratrans backlit display located at San Diego Convention
Center; Budget includes continued rental of space at the Convention
Center
5.1.5 Chamber of Commerce Information Services Budget: $6,024
50% portion of Base Compensation of Existing Contract not related
to staffing (per proposed Second Amendment). Compensation to the
?/l~
Chula Vista CONVIS Contract
Page 5
Chamber under Existing Contract shall continue to be-governed by
that document.
5.1.6 Public InformationlDesign Staff Budget: $10,000
For support of Visitor Center operations and improvements, graphic
design oversight, and design assistance for displays/exhibits.
5.1.7 Visitor Center Maintenance Budget: $7,500
Miscellaneous maintenance by City custodial, construction and
repair staff.
5.2 Timinq of Services
Due to the timing of the start of Existing Contract and the negotiation of this
agreement, some of the items included in the City's Scope of Services have been
completed or had funds appropriated during the 1994-95 fiscal year. At least 30
days prior to the end of the term of this agreement, City shall provide to Chamber
a breakdown of all service expenses pursuant to Section 5.1 for consideration in
negotiation of the following year's budget and contract.
6. Citv Imaqe Enhancement.
The City, as a public entity, is concerned about the image portrayed and service
provided by the Chamber and its personnel. The City shall have the right to
inform, in writing, the Chamber of actions by the Chamber or the Chamber's
personnel, not conforming with the image the City desires to have enhanced
which includes providing complete and accurate convention and visitor information
and presenting a neat, clean, responsive, and friendly image of the City. The
Chamber shall take all necessary steps to ensure that its actions project the
image desired by the City as directed from time to time.
7. Reportinq and Compensation
7.1. Quarterlv Reports
The Chamber shall record and submit in writing quarterly reports to the City for
the quarters ending September 30, December 31, March 31 and June 30. Within
thirty (30) days after the end of each quarter of the term hereof, commencing with
the thirtieth day of the month immediately following the first quarter of this
agreement, and ending with the thirtieth day of the month succeeding the last
month of the term of this agreement or any extensions thereto, the Chamber shall
furnish to the City a statement in writing, certified by the Chamber to be correct,
showing for the previous quarter the expenses relating to this Chamber's
contractual goods and services. The Chamber shall keep full and accurate books
?ft---¡j,
Chula Vista CONVIS Contract
Page 6
of account and records in accordance with Generally Acceptec:!- Accounting
Principals consistently applied, including, without limitation, a sales journal,
general ledger, payroll records, and all bank account statements showing deposits
of related revenues (e.g. from joint advertising sales).
Such books, receipts, accounts and records shall be maintained separate from
Chamber records and shall be kept for a period of two (2) years after the close
of each calendar year and shall be available for inspection and audit by the City
and its representatives at the principal place of business of the Chamber during
regular business hours. The City shall, within two (2) years after the receipt of
any such statements, be entitled to an audit of such records. Such audit shall be
conducted by the City or by certified public accountant to be designated by the
City during normal business hours at the principal place of business of the
Chamber. In addition, if any of the Chamber's statements shall be found to have
overstated expenses by more than two percent (2%) or understated revenues by
more than two percent (2%), or if such audit shows that the Chamber has failed
to maintain the books of account and records required by this section so that the
City is unable to verify the accuracy of the Chamber's statement, then the
Chamber shall pay to the City all reasonable costs and expenses (including
reasonable auditor and attorney fees) which may be incurred by the City in
conducting such audit.
7.2 Use of Pavments and Revenues.
The payments from the City to the Chamber and revenues realized from joint
advertising campaigns or other contractual activities shall be used only for
providing the goods and services outlined herein or for other purposes as may be
approved by the City Council. These monies shall not be used in support of any
political activities for any candidate or issue, nor may they be used to supplant
other Chamber funds in any manner that results in such Chamber funds being
used to support any political activities for any candidate or issue. Any political
expenditures made in relationship to the Chamber will be considered as Political
Action Committee (PAC) funds specifically raised for political purposes.
7.3 Total Compensation
The Total Compensation from the City to the Chamber for services under this
contract shall be $67,500. As discussed under the Duties of the City, the City
may also pay to the Chamber up to the amounts listed in Sections 5.1.1 and 5.1.2
to cover operating deficits from operation of the Visitor Information Center, which
service is governed by the Existing Contract.
?/J~ ?
Chula Vista CONVIS Contract
Page 7
7.4 Form and time of Payment
To facilitate flexibility in the Chamber's administration of contract funds, the city
shall pay to the Chamber one fourth of the total compensation (per Section 7.3)
per quarter. Quarterly payments shall be made within fifteen (15) calendar days
after the start of each quarter (e.g. by 7/15, 10/15, 1/15, and 4/15).
7.5 Chamber Reimbursement to City
If the final contractual expenses at the end of the final quarter of this contract total
less than the Total Compensation (per Section 7.3), then the Chamber shall
reimburse the City for the difference.
It shall be the general policy under this contract that appropriations shall not be
carried over from one fiscal year's adopted contract to the next fiscal year. Any
exceptions to this policy shall be subject to approval by the Contract
Administrator.
8. Term
8.1 Initial Term.
The term of this contract shall be for one year, commencing July 1, 1997 and
ending June 30, 1999. Any additional contracts shall be governed by existing City
Council policy and/or future Council action.
8.2. Termination.
This contract may be terminated by the mutual consent of the parties at the end
of any quarter. In the event of termination, compensation due shall be prorated
according to the Chamber's approved expenses through the final quarter of the
contract.
9. Insurance and Indemnity.
9.1. Insurance
Chamber shall, throughout the duration of this Agreement, maintain
insurance from responsible and solvent corporations authorized to issue
such policies in California with a financial rating of at least a "A, Class V"
status or better as rated in the most recent edition of "Best's Insurance
Reports" unless a lower rating is approved by the City's Risk Manager.
Said insurance coverage shall include:
?/J-Y
Chula Vista CONVIS Contract
Page 8
1. Commercial General Liability Insurance including ßúsiness
Automobile Liability Insurance in the amount of $1 million combined
single limit, which names the City of Chula Vista as additional
insured and is primary to any insurance policy carried by the City.
2. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance in the amount of $1 million.
Chamber will provide, prior to commencement of the services required
under the agreement, certificates of insurance for the coverages required
in this section, and, for Commercial General Liability Insurance, a policy
endorsement for the City as additional insured, a policy endorsement
stating the Chamber's insurance is primary and a policy endorsement
stating that the limits of insurance apply separately to each project away
from premises owned, rented or operated by the Chamber. Certificates of
insurance must also state that each policy may not be canceled or
materially changed without at least thirty (30) days written notice to the
City.
Each policy which the Chamber maintains shall name the City and
Redevelopment Agency of the City of Chula Vista (hereinafter
"Redevelopment Agency") as additional insureds.
9.2. Indemnitv.
The Chamber shall defend, indemnify and hold harmless the City, their elected
and appointed officers and employees and the Redevelopment Agency from and
against all claims for damages, liability, cost and expense (including without
limitation attorneys' fees) arising out of the conduct of the Chamber or any agency
or employee, subcontractors, or others in connection with the execution of the
work covered by this Agreement, except only for those claims arising from the
sole negligence or sole willful conduct of the City, its officers, or employees. The
Chamber's indemnification shall include any and all costs, expenses, attorneys'
fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgment or not.
Further, the Chamber at its own expense shall, upon written request by the City,
defend any such suit or action brought against the City, its officers, agents, or
employees. The Chamber's indemnification of City shall not be limited by any
prior or subsequent declaration by the Chamber.
U-7
Chula Vista CONVIS Contract
Page 9
10. Miscellaneous Provisions.
10.1. AssiQninQ and SublettinQ
The Services of Chamber are personal to the City, and the Chamber shall not
assign, subcontract, transfer, sublet or encumber any interest in this Agreement
(whether by assignment or novation) without the prior written consent of the City.
10.2. Administrative Claims Requirement 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 of
Chula vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, 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 the City, the Chamber shall meet and confer in good faith with
the City for the purpose of resolving any dispute over the terms of this agreement.
10.3. Attornev's Fees.
Should a dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees, provided that said party has exercised best
efforts, in good faith, to negotiate a settlement of the dispute prior to and during
the litigation.
10.4. Entire AQreement.
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.
10.5. Capacitv 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; that all resolutions or other actions have been taken so
as to enable it to enter into this Agreement.
?/?'ié
Chula Vista CONVIS Contract
Page 10
10.6. Governina LawNenue.
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.
10.7. Independent Contractor.
City is interested only in the results obtained and the Chamber 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
to reject or accept the Chamber's performance according to the terms of this
agreement. The Chamber and any of the Chamber'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, workers compensation benefits, injury
leave or other leave benefits.
10.7.1. The Chamber warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain
has been made to the Chamber or their associates. The Chamber
promises to advise the City of any such promise that may be made during
the term of this contract and for subsequent extensions.
10.7.2. The Chamber may not conduct or solicit any business for any
party to this contract or for any third party which may be in conflict with the
Chamber's responsibilities under this contract.
10.7.3. The Chamber further agrees to waive and forego the following:
relocation benefits, owner participation rights and claims for goodwill.
?/l:J/
Chula Vista CONVIS Contract
Page 11
11. Correspondence and Noticina
Correspondence relating to this agreement should use the addresses given below:
George Krempl Roderick F. Davis
Deputy City Manager Executive Director
City of Chula Vista Chula Vista Chamber
276 Fourth Avenue of Commerce
Chula Vista, CA 91910 233 Fourth Avenue
Chula Vista, CA 91910
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Chula Vista CONVIS Contract
Page 12
SIGNATURE PAGE TO
CONTRACT TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU
PROMOTION SERVICES
IN WITNESS WHEREOF, City and Chamber have executed this Agreement
this - day of 1997.
THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF
COMMERCE
Mayor President
Executive Director
Approved as to form by
City Attorney
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COUNCTL POLICY
CITY OF CHULA ~r;~TA
SUBJECI': SUPPORT FOR A OIULA VISTA VISITORS POLICY EFFECI'IVE
AND CONVENTION BUREAU, SUBJECT TO NUMBER DATE PAGE
ANNUAL APPROVAL OF A BUDGET AND
RELATED CONTRACT 230-01 07-01-95 1 OF 2
ADOPTED BY: Resolution No, 17843 I DATED: 03-21-95
BACKGROUND
Panicu1ar1y Biven the imminent opening of the Olympic TraiDiDg Center in Chula Vista. the City desires to
promote tourism and the Cir..s visitor-oriented attractions and facilities, Visitor promotion and funding has
also been discussed in the cCintext of considering whether to abate the Transient Occupancy Tax (T.O.T.) on
April 1. 1995 from 10% to an amount not less than B%,
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The purpose of this policy is to provide guidelines for the amount and use of Visiton and Convention
Promotion Funds,
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~. During the annual budget process, the City Council will consider the adoption of a Chula Vista Visitors
and Convention Promotion Budget for the following fiscal year. It shall be the policy of the City that
the Vishon and Convention Promotion Budget should be funded from General Fund sources other than
the T,O,T., in an amount addressed in paragraphs 2 and 3 below. In implementing this polic}', th.
T,O,T, revenues collected may be a measure of the amount of the appropriation, but not the source of
funds used for the appropriation,
2, It is the policy of the City Council to direct staff to prepare a proposed FY 1995.96 Visiton and
Convention Promotion Budget. for Council's consideration during its FY 95-96 budget deliberations,
in an amount of $150,000,
3, For FY 1996-97 and the three consecutive fiscal yean thereafter, it shall be the policy of the City
Council to direct staff to prepare proposed Visiton and Con\ - .,tion Promotion Budgets, for Council's
consideration in its annual budget deliberations, in amounts measured by the amount ofT,O,T, revenue
collected in the most recent 1-year period for which data is then available (typically April through
March) based on the following guidelines:
- If the annual T,O,T. revenue is $1,5 million or less, the proposed Vishon and Convention Promotion
Budget would be an amount equivalent to 10% of the T,O,T. revenue collected.
. If the annual T.O,T, revenue is more than $1,5 million and less than $2,5 million, the proposed
Visiton and Convention Promotion Budget would be $150.000 plus an amount equivalent to 5% of
the T,O,T, revenue in excess of $1,5 million, This guideline would thus result in a maximum
proposed annual Visiton and Convention Promotion Budget of $200,~.
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COUNCIL POLICY '
CITY OF CHULA VISTA ¡
UJJJECI': SUPPORT FOR A OiUlA VISTA VISITORS POLICY EFFECI1VE
AND CONVENTION BUREAU, SUBJECT TO NUMBER DATE PAGE
ANNUAL APPROVAL OF A BUDGET AND
RELATED CON'TRAeI' 230-01 .07.01.95 2 OF 2
_E OPTED BY: Resolution No, 17843 I DATED: 03-21-95
. If the lIDDual T,O.T. revenue exc:eeds 52,S million, the proposed Visitors and Convention
Promotion Budget would be 5200,000, The City would then review this Council Policy,
inclucling discussing it with the Clamber of Commerc:e and the Clula Vista Motel Assoåation.
to determine whether the policy should be revised to provide any additional guidelines for
proposed Visitors and Convention Promotion funcling beyond the 5200,000 maximum
proposed lIDDual amount provided in this policy.
. . . The O1u1a Vista O1amber of Commerce and the O1ula Vista Motel Assoåation are forming a O1ula
Vista Visitors and Convention Bureau, and representatives of those agencies and the City will be
involved in formulating a proposed Visitors and Convention Promotion Budget to be considered by
the City Council each fiscal year, It is antiåpated that some projects included in the Visitors and
Convention Promotion Budget will continue to be administered by the City or be for servic:es for
which the City has previously conn-acted with the Chamber of Commerce. It is also antiåpated that
, . significant portion (probably the majority) of the Visitors and Convention Promotion Budget will
b~ for specified servic:es for which the City will execute an annual one-year conn-act with the
i O1amber of Commerc:e, on behalf of the Visitors and Convention Bureau. The Chamber will provide
i quanerlyrepons to the City to be specified in the annual conn-act, including appropriate accounting
data.
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!~. This policy shall be set for review approximately five years after its adoption date. That review
I should include, but not be limited to, the appropriateness of continuing to establish Visitors and
Convention Promotion budgets in relationship to the amount of T,O,T. revenue collected. the
¡uidelines for such relationships, and the appropriateness of the Clamber of Commerce continuing
to act as the conn-acting arm of the Visitors and Convention Bureau compared to other
organizational amI11gements such as the establishment of a stand,alone Visitors and Convention
¡ Bureau,
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RESOLUTION NO. /~//¿?í1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FOURTH AMENDMENT TO THE
CONTRACT WITH THE CHAMBER OF COMMERCE TO
PROVIDE VISITOR AND TRANSIT INFORMATION
SERVICES AT THE CHULA VISTA VISITOR
INFORMATION CENTER AND CHAMBER OF COMMERCE
MAIN OFFICE
WHEREAS, the existing contract with the Chamber of
Commerce for operation of the visitor information center and
provision of general, visitor and transit information services
expires on June 30, 1997; and
WHEREAS, although the contract provides for three, three-
year options to extend, it is the recommendation of staff and the
Chamber to extend this contract for two additional years; and
WHEREAS, the contract amendment being proposed gives the
city and Chamber flexibility to exercise options for less than the
full three year terms currently provided.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Fourth Amendment to the
contract with the Chamber of Commerce to provide Visitor and
Transit Information Services at the Chula vista Visitor Information
Center and Chamber of Commerce Main Office, a copy of which is on
file in the office of the city Clerk as Document No °------°
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
amendment for and on behalf of the city of Chula vista.
Presented by Approved as to form by
George Krempl, Deputy city
Manager
C:lrslchalber.xtn
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Fourth Amendment to
Contract to Provide Visitor and Transit Information Services
at the
Chula Vista Visitor Information Center
and the Chamber of Commerce Main Office
This Amendment, entered into this 24th day of June 1997, for
purposes of reference only and effective as of the date last
executed by the parties, is between the City of Chula Vista, a
chartered municipal corporation ("City"); and the Chula Vista
Chamber of Commerce ("Chamber"), and is made with reference to the
following facts:
Whereas, the City and Chamber are party to a contract for
general and visitor information services ("Existing Information
Contract", on file with the City Clerk as Document #CO96-138)
offered from the Chamber of Commerce Main Office and for operation
of the Visitor Information Center at the Bayfront/E Street Trolley
Station; and
Whereas, the parties desire to extend the initial term of that
contract by one additional year, to be co-terminus with an
accompanying contract for the Chula Vista Convention and Visitors
Bureau,
NOW, THEREFORE, coincident with the adoption of the Contract
to Provide Chula Vista Convention and Visitors Bureau Promotion
Services, the parties mutually agree that the Existing Information
Contract, as last amended on July 1, 1996 for purposes of reference
only and effective as of the date last executed by the parties, is
hereby amended in the following regards only and extended for a
period of two years, and as so amended and extended shall
hereinafter be referred to as the "Fourth Amended Agreement":
City and Chamber do hereby agree to amend the Existing Information
Contract in the following regards only, with all remaining
provisions remaining in full force and effect:
Section 5.2.2.1 Base Compensation
Effective FY 94-95 and thereafter, for any quarter in which the
Applicable Operating Expenses exceed the Gross Sales, the City
shall pay to the Chamber one hundred percent (100%) of any annual
operating loss, up to a maximum amount of ~E, 000 $12.000 per
fiscal year.
Effective FY 95-96 and thereafter, if "Gross Sales" exceed
"Applicable Operating Expenses" during any fiscal year, twenty-five
percent (25%) of said net profits shall be remitted to the City,
For purposes of computing net losses, any monies received from the
San Diego County Community Enhancement Program or the San Diego
Unified Port District for the Visitor Center or Chula Vista
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Visitor Center - Second Amended Agreement
Page 2
Convention and Visitors Bureau would be counted as Visitor Center
revenues.
For purposes of computing net profits, monies received from the San
Diego County Community Enhancement Program or the San Diego Unified
Port District for the Visitor Center or Chula Vista Convention and
Visitors Bureau would not be counted as Visitor Center revenues.
Section 5.2.2.2 Main Office Services Compensation
For continuing provision of Main Office Services, the City agrees
to pay the Chamber the sum of $30,148 per fiscal year, prorated
quarterly, through the end of Fiscal Year 1994-95 and $12,048 per
fiscal year, prorated quarterly throuqh the end of Fiscal Year
1996-97, and $13,375 per fiscal year, prorated quarterlv for the
remainder of the term of this agreement.
Section 8.3 Variation in Extension Terms
At the mutual aqreement of the parties. anv of the extension terms
as provided for in Section 8.2 may be exercised for a shorter
period of time than otherwise applicable.
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Visitor Center - Second Amended Agreement
Page 3
SIGNATURE PAGE TO
FOURTH AMENDMENT TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT
INFORMATION SERVICES AT THE
CHULA VISTA VISITOR INFORMATION CENTER
AND CHAMBER OF COMMERCE MAIN OFFICE
AS LAST AMENDED JULY 1, 1996
IN WITNESS WHEREOF, City and Chamber have executed this
Agreement this day of 1997.
THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE
Mayor President
Executive Director
Approved as to form by
City Attorney
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,~ Contract to Provide visitor and Transit Information Services
at the
Chula Vista Visitor Information Center
and Chamber of Commerce Main Office
This Contract, entered into this December 20, 1994 for the
purposes of reference only and effective as of the date last
executed by the parties, is between the CITY OF CHULA VISTA, a
chartered municipal corporation of the state of California
(hereinafter "city") and the CHULA VISTA CHAMBER OF COMMERCE
(hereinafter "Chamber"), and is made with reference to the
following facts and definitions:
1. Recitals
Whereas, the City of Chula vista desires to have visitor and
transit information available upon request, without cost, to
persons entering the City and desiring same, from the Visitor
Information Center located on the southeast corner of E Street and
the Interstate 5 (hereinafter "Premises"), at an address commonly
known as 750 E street, and shown on the map a copy of which is
attached as Exhibit A, and from the Chamber of Commerce office, 233
Fourth Avenue, Chula Vista (hereinafter "Main Office"); and,
Whereas, the Chamber desires to provide for the visitor and
transit informational needs of residents and visitors to the city;
and
Whereas, the Chamber occupies a unique public service position
in the city and has provided general informational services to the
public at large for many years; and
Whereas, the Chamber hereby warrants and represents that it is
experienced and staffed in a manner such that it can provide the
visitor and transit information services as herein required in
accordance with the terms and conditions of this Agreement; and,
Whereas, the City and Chamber are currently party to a
separate agreement for general information services at the Main
Office through FY 1995-96, as amended July 29, 1994, a copy of
which is on file with the city Clerk as Document No. CO 94-121,
hereinafter "Previous Contract"); and
Whereas, said agreement covers many of the same services
herein contracted but is not site-specific to both the Center and
the Main Office, and the City and the Chamber do mutually agree to
terminate said agreement simultaneously with the effectiveness of
this agreement; and
Whereas, this is a site-specific services agreement wherein
the Chamber is obligated to provide services from both that portion
of the Premises described in Exhibit A as "Center" '(hereinafter
"Center") and the Main Office,
NOW, THEREFORE, the City and the Chamber agree as follows:
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2. Definitions
2.1 "Gross Sales" Defined.
The term "Gross Sales" as used in this agreement shall include
the entire Gross Sales of every kind and nature from all-sales
and services made in the Premises whether for credit or cash,
whether by the Chamber or by others, with the exception of
those products or services on which standard commissions are
earned. Such commission-based products and services include
Mexican insurance, lottery tickets, trolley and transit passes
and pay telephones. Other products and services may be
included in the commission category with the approval of the
city's contract administrator. For commission-based products
and services, only the amount of the commission will be
included in "Gross Sales." "Gross Sales" shall not include
any rebates or refunds to customers or sales taxes accounted
for and paid to a governmental agency.
2.2 "Applicable Operatina Expenses" Defined.
The term "Applicable Operating Expenses" as used in this
agreement shall include salary and benefit costs, inventory
purchase costs, custodial costs, and other reasonable Center
expenses, except as herein excluded.
2.3. Contract Administrator
The City Manager or his or her designee shall be the Contract
Administrator for purposes of this contract. For those
conditions requiring the written approval of the city, the
Contract Administrator shall have the authority to provide
said written approval.
3. PurPoses of Aareement.
3.1. Visitor and Transit Information Services at the Center
The parties intend that the Chamber shall provide visitor and
transit information services, as more particularly described
in this contract, at the Center for the benefit of the City of
Chula Vista, the South Bay Region and visitors to the County.
The Chamber has a duty to operate the Center. and provide
public services as specified in this agreement. Although this
agreement has certain aspects of a lease, the parties agree
that this is primarily a services agreement engaged in at a
required location, and it is not a lease.
3.2. Termination of Previous Contract
Simultaneous with the effectiveness of this agreement, the
Chamber and city do hereby agree to terminate the Previous
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contract, with any and all further Main Office services or
compensation to be governed solely by this agreement.
4. Duties of the Chamber.
4.1 Scope of Services
The Chamber of Commerce agrees to provide the following
servJ.ces:
4.1.1 General
The Chamber shall respond to all walk-in, phone and mail
inquires received making reasonable and appropriate
requests for information by the Chamber from individuals,
groups, businesses, news media, etc., and persons
referred by the City. Responses shall be accurate,
complete, cooperative and promote goodwill on behalf of
the City. Responses shall be made in a timely manner.
Walk-in and phone inquiries shall be responded to as they
are received unless additional research is required.
Mail inquiries shall be responded to within three (3)
working days after the receipt of such inquiries, unless
extensive research is required.
4.1.2 Staffinq.
The Chamber shall provide qualified competent staff who
are neatly dressed and courteous at all times. An
adequate number of personnel will be scheduled so that
Permitted commercial Activities do not significantly
interfere with the primary responsibility of providing
visitor and transit information. Between the hours of
10:00 a.m. and 4:00 p.m. on weekdays, weekends and
working holidays, Chamber shall be encouraged, but not
required, to provide a minimum of two personnel providing
service in the Center. .
4.1.3 Traininq.
The Chamber shall provide adequate training to ensure
that personnel are able to respond to inquiries about
transit and areas of interest from members of the public
and to promote visitor-serving attractions and facilities
in Chula Vista.
4.1.3.1 Extensive Knowledge. Center staff must
have extensive knowledge of and be capable of
dispensing complete and accurate information about
the following:
4.1.3.1.1 Chub Vista (including but not
limited to street locations, major
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hotels/motels, restaurants, visitor
attractions, government offices, Chula Vista
Nature Center, and major shopping areas.)
4.1.3.1.2 Transit information (including but
not limited to Trolley schedules, prices, and
stops, and Chula Vista Transit bus schedules
and routes.)
4.1.3.1.3 San Diego county visitor
attractions (including but not limited to Sea
World, Horton Plaza, airport, Gaslamp Quarter,
Mission Bay, beaches and other attractions,
along with applicable admission prices, hours
of operation and directions.)
4.1.3.2 Adequate Knowledge. Center staff must
have an adequate general knowledge of and be
capable of dispensing general information about the
following:
4.1.3.2.1 Northern Baja, Mexico (including
but not limited to major highways, cities,
insurance requirements, major hotels/motels,
restaurants, shopping areas, major visitor
attractions, and written information from
governmental agencies regarding duty and visa
regulations.)
4.1.3.2.2 Southern California (including but
not limited to major highways, cities, and
visitor attractions.)
4.1.4 Visitor Services. Chamber shall provide
information (e.g. locations, schedules, directions,
applicable fees), on topics including, but not limited to
the following:
1. community clubs and organizations
2. Local events - parades, displays,
seasonal promotions
3. Chula vista Nature Center
4. U.S. olympic Training Center
5. Street information - directions,
locations, closures, detours, etc.
6. Lodging facilities
7. Transit and HandY trans
8. Airports and Trains teal
9. Medical, Professional, and estate
offices
10. Business referrals
11. Meeting rooms
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~2. Government services/officials & referrals
to appropriate departments
13. Churches
~4. Schools
~5. Museums, historical and cultural sites
~6. Mexico - information on tourist cards,
parking, etc.
17. Tourist attractions
~8. Recreation sites, parks, picnic areas and
local beach information
19. Newspapers and local publications
20. RV parking/mobilehome parks
2~. Chula Vista demographics (e.g.
population, housing)
4.1.4.1 Chula Vista Promotion. Unless
specifically requested otherwise by the visitor,
information will always be given on the community
of Chula Vista.
4.~.5 city Imaae Enhancement.
The City, as a public entity, is concerned about the
image portrayed and service provided by the Chamber and
its personnel. The city shall have the right to inform,
in writing, the Chamber of actions by the Chamber or the
Chamber's personnel, which do not conform with the image
which the city desires to have enhanced which includes
providing complete and accurate visitor and transit
information and presenting a neat, clean, responsive, and
friendly image of the City. The Chamber shall take all
necessary steps to ensure that its actions project the
image desired by the City as directed from time to time.
4.1.6 Standard Information
The Chamber shall develop and utilize standardized
packages of information for responding to general
inquiries about Chula Vista as a visitor destination and
for new or potential residents of the City. Such
packages shall be maintained with current information and
shall meet with the approval of the City. The packages
may be used, but shall not be deemed solely adequate, for
inquiries making reasonable, specific requests for
information not routinely included in the packages.
4.1. 7 Referrals - Other Aaencies
For inquiries beyond the expertise of the Chamber,
referrals may be made to more appropriate entities. A
tally of the number of inquiries referred to other
entities, including date of inquiry, type of inquiry
(walk-in, phone or mail), entity referred to, and subject
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of inquiry shall be recorded and reported in the
quarterly summary to the city. The Chamber will provide
the name and address of the person or business making the
inquiry, if appropriate.
4.l.B Referrals - Businesses
Responses to inquires shall show no preferential
treatment to Chamber members or any other group or
individual persons or businesses. Wherever possible,
however, referrals to businesses shall be made to
businesses in the City of Chula Vista. Referrals shall
be rotated among businesses qualified to provide the
service or se~ices requested.
The Chamber shall coordinate responses to significant
business relocation inquiries with the City's Community
Development Department.
4.1.9 Customer Feedback
During a specified period each year of this contract
determined by the City and Chamber, the Chamber shall
develop and make available to the public unstamped
response cards addressed to the City to obtain feedback
on the quality of information provided. Each response to
mail inquiries shall include such a card. All cards
returned to the Chamber shall be forwarded to the city.
4.1.10 Mailina lists
The Chamber shall provide updated information upon
request to the Center and to the visitor information
center at Bonita Road and I-B05 (hereinafter "Bonita
Center"). The Chamber shall include the both the Center
and the Bonita Center on the Chamber's mailing list. The
Chamber shall exercise care in ensuring both the Center
and Bonita Center are provided with new, pertinent
information as it arises, such as special events, lists
of visitor-oriented businesses and attractions.
4.1.11 Free Services
The Chamber shall not charge the public a fee for
providing services unless specifically approved in
writing by the City. Chamber may request approval for
fees at any time and will provide a complete list of any
booklets of information being sold by July 1 pf each year
of this agreement. Generally, extensive booklets of
information that relate to the topics in section 4.1.4
consisting of more than 15 pages will be considered for
fee approval by the city. city maps will be sold to the
City and the Center at cost, to the Bonita Center at
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.ember cost and for no more than $3 to the general
public.
4.2 covenant to Operate: Services to be Offered from site.
The Chamber shall operate a first class visitor Information
Center according to the following standards for the term of
this agreement as same may be from time to time extended.
4.2.1 Hours of ODeration.
The Chamber shall operate the Center at least nine (9)
hours per day on weekdays and eight (8) hours per day on
weekends and holidays. Initial operating hours shall be
9 a.m. to 6 p.m. on weekdays and 9 a.m. to 5 p.m. on
weekends, subject to amendment by separate written
agreement of the Chamber and Contract Administrator. The
Center may be closed on Thanksgiving, christmas and New
Years Day.
4.2.2 Transit Passes.
The Chamber will make available for sale to the public
transit passes issued by the Metropolitan Transit
Development Board (MTDB) and Chu1a vista Transit. The
Chamber will also make change for transit fares as
requested by the public to the extent feasible.
4.2.3 Precedence of Services.
Commercial activities, promotion and/or referrals shall
not interfere with the Chamber's ability to provide free,
reliable, complete and true information in response to
requests from public users of the facility.
4.2.4 Sianaae.
The Chamber may be required to post a "Free visitor
Information" sign at each of the three entrances to the
Center or at the counter. Size and design of the sign
will meet with the approval of the City.
The Chamber is prohibited from erecting or creating any
signs on the premises which are visible from the outside
or in any area within the jurisdiction of the city
without prior written approval of the City. Interior
signage or advertising is subject to the city's approval.
4.2.5. Disp1av Advertisina. :
The Chamber shall be permitted to sell display
advertising space, which shall be limited to both sides
of the northwest window facing north, or alternate window
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space if requested by the Çhamber and approved by the
city. Display advertising on surfaces other than windows
is limited to those areas indicated on the Design Layout
as herein defined and as it may be modified with the
City's approval. -
4.2.6. Wall Space.
Except as provided herein or otherwise approved by the
city, interior and exterior wall space will be posted
only with public service information consistent. with
material identified in this agreement, and display
material supplied or approved by thE city designed to
promote visitor attractions in Chula vista.
4.2.7. Information Counter.
Display of retail merchandise on the information counter
top shall not significantly interfere with its ability to
be seen and used for providing visitor and transit
information. Display of additional retail merchandise
behind the counter shall present a neat, uncluttered
appearance.
4.2.8. Pav Phone.
The Chamber shall be required to maintain at least one
public pay phone on the Premises.
4.2.9. Restroom Access.
During the Center's hours of operation, the restrooms
shall be unlocked and available for public use. The City
reserves the right to allow bus drivers to have access to
the restrooms during hours that the Center is closed,
with said access being through the exterior doors opening
into the Center's restrooms. No access will be permitted
in to the other interior areas when the Center is closed.
The Chamber will lock the interior doors to the restrooms
when the Center is closed to help prevent access.
4.2.10. Compliance with the Law.
Operation of the Premises shall comport with all
applicable ordinances, rules and regulations, including
but not limited to, those provisions of the Municipal
Code relating to the sale of adult materials such as
those regulated for adult book stores (city Code
3.9.04.007) and the county of San Diego Health
Department's regulations relating to food sales and
consumption.
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4.3. Dutv to Provide Services Off-site
4.3.1. Previous Contract
In recognition of the fact that not all services
performed under the Previous Contract .are transferrable
to the Center, due primarily to the walk-in oriented
business attracted to the Chamber's Main Office, the
Chamber shall continue to provide limited General
Information Services for the City at its Main Office.
The Chamber shall continue to represent the City at
selected trade shows, work with the City's economic
development staff to obtain materials and displays, as
appropriate, and represent the city at selected special
events to promote the city to visitors and enhance its
regional image. The Chamber shall also provide necessary
management time required to ensure that all of the above
services are performed in a professional and timely
manner. Compensation for the above services (hereinafter
"Main Office Services") shall be as hereinbel~w provided.
4.3.2. Main Office Services - Hours of Operation
Chamber staff shall be available to provide Main Office
Services Monday through Friday from 9:00 a.m. to 5:00
p.m., except for New Years Day, Martin Luther King Day,
President's Day, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans Day, Thanksgiving Day, the
day after Thanksgiving Day, and Christmas Day.
Holidays cited above falling on a Saturday will be
observed on Friday. When a holiday occurs on Sunday, it
will be observed on the following Monday.
4.3.3. Consolidation of services
Where possible and practical, the Chamber shall endeavor
to consolidate this main office service with that
provided at the Center. Efforts to consolidate shall
include, but not be limited to, White Pages listing of
the Center phone number and site as the Chamber's
"General Information/Tourism" contact and review of phone
and mail handling procedures.
4.4. Securitv: Bondina.
The Chamber shall deposit $10,000 in cash as ;security to
assure that the Premises is returned to its original condition
upon termination of the contract ("Security"). City shall use
best efforts to invest the Security in a manner typical of
other city investments. City shall pay annually to the
Chamber the interest earned on the Security at the average
interest rate earned by the city on all of its liquid
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invesbnents. The Chamber has the option to provide city with
a security bond in a form acceptable to City as an alternative
to secure the Chamber's performance as herein required.
4.5. Risk Mitiaation.
4.5.],. Dutv to conduct a safe oDeration.
The Cha1llber shall operate the premises in a safe and
reasonable manner.
4.5.2. Indemnitv~
The Chamber shall defend, indemnify and hold harmless the
City, their elected and appointed officers and employees,
the Redevelopment Agency of the city of Chula Vista
(hereinafter "Redevelopment Agency"), the County of" San
Diego, and the Metropolitan Transit Development Board
(hereinafter "MTDB") from and against all claims for
damages, liability, cost and expense (including without
limitation attorneys' fees) arising out of the conduct of
the Chamber or any agency or employee, subcontractors, or
others in connection with the execution of the work
covered by this Agreement, except only for those claims
arising from the sole negligence or sole willful conduct
of the City, its officers, or employees. The Chamber's
indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the
city, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment
or not. Further, the Chamber at its own expense shall,
upon written request by the city, defend any such suit or
action brought against the City, its officers, agents, or
employees. The Chamber's indemnification of City shall
not be limited by any prior or subsequent declaration by
the Chamber.
4.5.3. Insurance.
Chamber shall, throughout the duration of this Agreement,
maintain insurance from responsible and solvent
corporations authorized to issue such policies in
california with a financial rating of at least a "A,
Class V" status or better as rated in the most recent
edition of "Best's Insurance Reports" unless a lower
rating is approved by the city's Risk Manager. Said
insurance coverage shall include:
1. commercial General Liability Insurance including
Business Automobile Liability Insurance in the
amount of $1 million combined single limit, which
names the City of Chula vista as additional insured
78-/( ?f~
Page 11
and is primary to any insurance policy carried by
the City.
2. Statutory Worker's Compensation InsUrancè and
- Employer's Liability Insurance in the amount of $1
million.
3. All risk property insurance covering the value of
property inside the building.
Chamber will provide, prior to commencement of the
services required under the agreement, certificates of
insurance for the coverages required in this section,
and, for Commercial General Liability Insurance, a policy
endorsement for the City as additional insured, a policy
endorsement stating the Chamber's insurance is primary
and a policy endorsement stating that the limits of
insurance apply separately to each project away from
prem~ses owned, rented or operated bY the Chamber.
certificates of insurance must also state that each
policy may not be canceled or materially changed without
at least thirty (30) days written notice to the City.
Each policy which the Chamber maintains shall name the
City, Redevelopment Agency, the County of San Diego and
MTDB as additional insureds.
4.6. Quarterly Reports
The Chamber shall record and submit in writing quarterly
reports to the City for the quarters ending September 3D,
December 31, March 31 and June 30. Said reports are due
within 30 calendar days of the end of the quarter and shall
include the following:
1) Number of inquiries processed, per location, at
both the Center and the Main Office, as received by
mail, phone and walk-in visitors and the number of
inquiries responded to by mail. Types of inquiries
shall be categorized by, but not limited to, the
following topics:
a) Tourist/Visitor related
b) Mass transit - trolley, bus
c) special Events
d) New residents
e) Government services
f) Mexico
g) Business/service referrals
h) General civic information
i) Recreation
j) Other
? 8- 'l ¿££!Þ
Page 12
2) Additional data shall be collected, in a form and
frequency as further specified by the city,
regarding visitors' cities of residence and hour
and day of visits.
4.7 Financial ReDorts.
Within thirty (30) days after the end of each quarter of the
term hereof, commencing with the thirtieth day of the month
immediately following the first quarter of this agreement, and
ending with the thirtieth day of the month succeeding the last
month of the term of this agreement or any extensions thereto,
the Chamber shall furnish to the city a statement in writing,
certified by the Chamber to be correct, showing for the
previous quarter the Center's Gross Sales and Applicable
operating Expenses. The Chamber shall keep:
(a) full and accurate books of account and records in
accordance with Generally Accepted Accounting Principals
consistently applied, including, without limitation, a
sales journal, general ledger, payroll records, and all
bank account statements showing deposits of Gross Sales,
(b) all cash register receipts with regard to the Gross
Sales, credits, refunds and other pertinent transactions
made from or upon the Premises and
(c) detailed original records of any exclusions or
deductions from Gross Sales.
Such books, receipts and records shall be kept for a period of
two (2) years after the close of each calendar year and shall
be available for inspection and audit by the City and its
representatives at the Premises or at the principal place of
business of the Chamber during regular business hours. In
addition, upon request of the' city, the Chamber agrees to
furnish to the City a copy of the Chamber's state and local
sales and use tax returns. The City shall, within two (2)
years after the receipt of any such statements, be entitled to
an audit of such Gross Sales and expense record. Such audit
shall be conducted by the City or by certified public
accountant to be designated by the city during normal business
hours at the principal place of business of the Chamber. In
addition, if any of the Chamber's statements shall be found to
have understated Gross Sales or overstated expenses by more
than two percent (2\), or if such audit shows that the Chamber
has failed to maintain the books of account and records
required by this section so that the city is unable to verify
the accuracy of the Chamber's statement, then. 'the Chamber
shall pay to the City all reasonable costs and expenses
(including reasonable auditor and attorney fees).which may be
incurred by the city in conducting such audit.
/8-/& ~
Page 13
4.B Use of PaYments and Revenues.
The payments from the City to the Chamber and revenues
realized from operation of the Center shall be used only for
providing the information services outlined herein or for
other purposes as may be approved by the city council. These
monies shall not be used in support of any political,
activities for any candidate or issue, nor may they be used to
supplant other Chamber funds in any manner that results in
such Chamber funds being used to support any political
activities for any candidate or issue. Any political
expenditures made in relationship to the Chamber will be
considered as political Action Committee (PAC) funds
specifically raised for political purposes.
4.9. Possessory Interest Tax.
Even though this is a site-specific services agreement, and
not a lease, the Chamber shall be responsible for any
possessory interest tax, if same may be successfully assessed.
5. Duties of City.
5.1 Dutv to Make Premises Available for the Use and Occupancy
of the Chamber.
city agrees to make the Premises and Center available to the
Chamber in order to provide the visitor and transit
information services herein required, and to conduct such
other collateral uses herein permitted, which availability
shall be to the exclusion of all other commercial uses of the
premises. The Chamber has no independent right to occupy the
Premises and Center except to provide visitor and transit
information services.
5.2 Dutv to Allow the Chamber to Conduct certain Commercial
Activities.
5.2.1. Permitted commercial Activities.
On the terms and conditions herein specified, including
accordance with the approved Design Layout, the Chamber
shall have the right, and city shall permit the Chamber,
to conduct the following commercial activities or sales
at the Center:
5.2.1.1 Transit tickets and passes
5.2.1.2 "Chula vista":
1) T-Shirts, Caps
2) Bumper Stickers, Key cháins, Buttons
3) Pens and Pencils
4) Postcards
5.2.1.3 Film, Flashbulbs, and Batteries
7ßr-/? ~
Page 14
5.2.1.4 Maps/Guide Books
5.2.1.5 Mexican Auto Insurance
5.2.1.6 Newspapers and Magazines
5.2.1.7 Travelers Checks/American Express services
5.2.1.8 Soft Drinks/Coffee
5.2.1.9 Candy/Gum/Snack Foods
5.2.1.10 Sunglasses
5.2.1.11 Suntan Lotion/Chap Stick
5.2.1.12 Postage Stamps
5.2.1.13 Kleenex/Pocket Combs
5.2.1.14 Lottery Tickets
5.2.1.15 Tour and Excursion Tickets
5.2.1.16 Video/vending machines
5.2.1.17 Display advertising space as permitted
herein.
The sale of products or services not listed above is
subject to the city's approval. Such approval shall not
be unreasonably withheld, but shall be consistent with
the approved Design Layout.
5.2.2 Com'Densation.
5.2.2.1 Base Com'Densation
For any quarter in which the Applicable Operating
Expenses exceed the Gross Sales, the city shall pay
to the Chamber half of the difference, up to a
maximum amount of $15,000 per fiscal year.
5.2.2.2 Main Office Services Com'Densation
For continuing provision of Main Office Services,
the city agrees to pay the Chamber the sum of
$30,148 per fiscal year, prorated quarterly, for
the term of this agreement.
5.2.2.3 CPI Adiustments
At the option of the City, the annual sum listed in
Section 4.2.2.1 and/or in Section 4.2.2.2 may be
adjusted at the beginning of each fiscal year,
starting with the FY 1995-96, in proportion to the
percentage increase of the All Urban Consumer Price
Index for the San Diego Region (CPI) for the most
recent twelve (12) months, up to a maximum of 5\
per year.
5.2.2.4 Time of Davment
:
Quarterly payments shall be made within ten (10)
work days after receipt of quarterly reports to be
?!J-/Y7~
Page 15
submi tted by the Chamber as specified in Section
4.1.10.
5.2.2.5 Residual Compensation - Previous Contract
The city agrees to pay the Chamber the pr~ce agreed
in the Previous Contract for the final quarter(s)
or prorated fractions thereof for all services
delivered through the termination date of the
Previous Contract.
5.2.3 Initial Subsidv for Inventorv
Prior to March 31, 1995, the City shall provide a one-
time payment of $10,000 to the Chamber to procure an
initial inventory of Chula Vista-related memorabilia for
resale at the Center. Purchases made with said one-time
payment shall not be considered Applicable Operating
Expenses.
6. Desian Lavout.
6.0.1. The city and Chamber agree to complete a plan
which demonstrates the color scheme, theme, lighting, and
physical location of any furniture, fixtures or equipment
as may be included, such as tables, chairs, racks,
shelves, vending machines, display advertisements, etc.
(hereinafter "Design Layout") to be incorporated into the
interior and exterior areas of the Premises. The City
will work with the Chamber and a space designer to be
provided by the City to develop a design layout that is
acceptable to both parties. City Approval will be
subject to all city rules and regulations, including but
not limited to Design Review. The city and Chamber will
use good faith and best .efforts to produce a graphic
Design Layout acceptable to the city no later than
December 20, 1995.
6.0.2. until said Design Layout is mutually agreed upon
by the parties, or until the termination of this contract
if agreement on the Design Layout is not reached, The
Chamber shall maintain Center displays, including, but
not limited to, the following:
1. One bulletin board of community activities of
a size and design acceptable to the city. The
Chamber shall insure that current information
concerning upcoming special events within
Chula vista are displayed at all ~imes.
2. Display map of the city of Chula Vista.
3. Display stand of scenes of Chula vista;
?ð-/i ~
Page ~6
4. Display space on the information counter for
brochures designated by the city about Chula
Vista attractions. The Chamber will further
provide space for transit brochures designated
by the city in a location mutually agreeable
to the parties. - -
5. At least one fully stocked brochure rack in
the lobby area of the premises containing
brochures which provide information on the
major visitor attractions in Chula Vista and
San Diego County.
city may terminate any use in the interior of the Center
or layout of the interior facilities which it finds
objectionable; and the Chamber is prohibited from use or
decoration of the exterior areas without the advance
written approval of the city.
6.0.3. The Chamber shall not make any structural
improvements or changes to the Premises except in
accordance with the "Design Layout" which has been
reviewed and approved by the city.
6.0.4. The Chamber's operation of the Premises will
conform to the approved Design Layout. Any changes to the
approved Design Layout must have prior approval of the
city.
7. Review and Amendment
The Chamber and Contract Administrator shall meet on at least a
quarterly basis to review items including, but not limited to:
quarterly reports, scope of services, hours of operation, permitted
commercial activities, design layout, and scope and consolidation
of Main office Services.
The Chamber and the Contract Administrator may, by separate written
agreement, amend the scope of services or operating conditions
relating to: form and content of quarterly reports, visitor
services, hours of operation, permitted commercial activities and
design layout. Any other changes shall be subject to formal
contract amendment.
8. nnn
8.1 initial Term.
The term of this contract shall be for two and one-half (2.5)
years, commencing January 1, ~995 and ending June 30, 1997,
subject to the extension and termination provisions of this
agreement.
?ß-o?O ~
Page 17
8.2 option to Extend
Following the initial term of this agreement, the City and the
Chamber shall have three (3) consecutive options to extend
this agreement for three (3) year periods, for a maximum of
nine (9) additional years. other terms and conditions of the
contract during the option period(s) shall be the same âs the
initial term. To exercise any such option to extend, the city
must give the Chamber wr i tten notice of its intention to
extend at least five (5) months before the expiration of the
initial term or then current extension period. The Chamber
shall have thirty (30) days to notify the City of its
i~tention to accept the extension option. The Chamber's
agreement to extend shall be at its sole and absolute
discretion.
9. Maintenance. Repairs. utilities and Improvements:
9.1. Reaular Maintenance
The Chamber shall be responsibie for keeping in good order and
condition the interior of the premises, the vending machine
area, and the rest rooms, including but not limited to,
interior walls, floors, windows and necessary cleaning
thereto. The Chamber shall clean and provide minor
maintenance for the rest rooms, which are a portion of the
premises, for the use of the public. Restrooms will be
cleaned at least once per day on Mondays through Thursdays.
Restrooms will be cleaned at least twice per day on Fridays
through Sundays and on major holidays, unless less frequent
cleaning is approved in writing by the city. Restroom supplies
such as toilet paper and paper towels shall be provided by the
Chamber. The Chamber shall be responsible for all costs and
supplies necessary for the proper cleaning of the interior of
the premises, including graffiti removal which does not
require painting, and minor maintenance such as replacing
interior light bulbs. The Chamber shall be responsible for
the professional cleaning of the interior floors and vending
machine area floor at least once every three months using
professional equipment and/or personnel. The Chamber shall be
responsible for maintenance of the exterior advertising
panels, steam cleaning of the exterior patios and walkways of
the premises when needed, trash pick-Up and removal, and
exterior ashtray cleaning.
9.2. Facilitv Repairs
The city shall be responsible for repairing and maintaining
the exterior of the Cen~er. This responsibility'extends to,
but is not limited to, the interior, the roof, exterior walls,
landscaping, and graffiti removal. The City shall be
responsible for repairing and maintaining all permanent
interior improvements to the premises. Said improvements
7ß--~/ /~
Page 18
shall include, but not be limited to, plumbing, utility
systems, windows, fixtures, painting, and wall coverings.
9.3. Emeraencv Repairs
The city authorizes the Chamber to make emergency repairs of
up to $500 for items the city is responsible for repairing and
maintaining. Emergency repairs include but are not limited to
broken windows and roof leaks. The City will reimburse the
Chamber for reasonable costs up to $500 for such necessary
emergency repairs within sixty (60) days of submitting an
invoice to the City's contract administrator.
9.4. Nealiaence
Notwithstanding the foregoing subsections, the Chamber will be
responsible for all repairs required as a result of negligence
of the Chamber or the Chamber's employees. Costs of said
repairs shall not be deemed "Applicable Operating Expenses."
9.5. Utilities
The city shall be responsible for all water, sewer, and
electricity utility costs associated with the use of the
premises, including the restrooms. The Chamber shall be
responsible for all trash disposal, alarm service and
telephone costs. Telephone billing records and long distance
charges shall be subject to review and audit by the City.
9.6 Improvements and Personal Property: Title upon
Termination
Unless otherwise provided in writing by both parties, all
improvements to the Premises shall be the responsibility of
the City, and upon termination of this agreement, all
improvements to the Premises, all inventory and all personal
property remaining on the Premises shall be deemed to be the
property of City.
10. Termination
10.1 Riaht to Inspect operations.
The Contract Administrator shall have the right to enter the
Center, inspect same and review the operations of the Chamber
under this agreement at any time during the term of this
agreement.
10.2 Riaht to Determine Violations. '
If Staff shall determine that the Chamber is in violation of
the terms of Section 9.4 ("Critical Violations") or 9.5
(" Significant Violations"), or other provisions of this
?ß---02~ ~
Page 19
Agreement ("other Violations"), Staff shall notify ("Notice of
Determination") the Chamber by telephone (or by such other
method as it shall determine appropriate given staff's
assessment of the seriousness of the breach and the urgency of
the need for cure) of the violations. staff's determination
that a violation has occurred shall not be reviewable by the
city council at this time, but Staff shall use its reasonable
judgment in exercising its discretion hereunder.
10.2.1 Contents of Notice of Determination.
The Notice of Determination, verbal or written, shall
contain the violation or violations, the date and time,
if time specific, of occurrence of the violations, the
nature of the violations (Le., critical, Significant,
Other), and may establish a time within which to commence
and effect the cure if Staff desires and if Time to CUre
is required to be tendered by the terms hereof (Section
9.3).
10.3 Time to Cure.
10.3.1 Time to CUre Not Recruired.
If staff reasonably determines that a violation by the
Chamber was or is either a willful and avoidable
violation of critical nature, or not capable of cure,
Staff may institute Termination Proceedings, as
hereinbelow defined, immediately without providing time
to cure.
10.3.2 Time to CUre Reauired.
Unless Staff is not required to afford the Chamber time
within which to cure the violation(s) pursuant to
paragraph 9.3.1, Staff may establish a time within which
to cure the violation at or subsequent to the time at
which it determines a violation has occurred. Staff's
establishment of a time within which to cure shall be
based upon its determination of the Chamber's culpability
in committing the violation, economic feasibility to
cure, and need to cure.
10.3.3 Force Maieure.
If a violation occurs that is caused by a fire, flood,
earthquake, bridge collapse, chemical poisoning, act of
war, or similar major calamity, and as a further result
of said calamity, the Chamber is prevented from
commencing and diligently prosecuting a cure for the
violation using reasonable efforts, the duty to cure the
violation shall be suspended for the period of time in
?gr~;J ~
.
Page 20
which the Chamber is prevented, not to exceed one (1)
month.
10.3.4 Failure to Prosecute CUre.
Failure to commence the cure immediately, diligently
prosecute the cure, and to effect the cure within the
time set by Staff shall be grounds for City's termination
of this agreement, and Staff may institute Termination
Proceedings.
10.4 Critical Violations
The following shall constitute "critical Violations" of this
Agreement:
1. The Center is closed, or otherwise not operational
in terms of providing visitor and transit service
to the public, for any cumulative (not necessarily
consecutive) periods in excess of eleven (11) hours
during the specified minimum operating hours in any
30-day period; or,
2. The Chamber engages in a course of activity which
significantly impedes or diverts the flow of
visitors, tourists and the general public from
Chula Vista business.
10.5 Sianificant Violations
The following shall constitute "Significant Violations" of
this Agreement:
1. The Chamber's performance does not present a
positive image of the city or does not provide
complete and accurate responses to information
requests from the public; or,
2. The Chamber allows commercial activities to
significantly interfere with providing complete and
accurate responses to information requests from the
public.
10.6 Termination proceedinas.
"Termination Proceedings", as herein referenced, shall take
the following form:
10.6.1 Staff shall establish a date for a hearing
("Hearing") before the City Council of Termination of
Agreement not sooner that 7 days from the Notice of
Determination.
7ßrc2Y ;1~
.
Page 21
10.6.2 Staff shall provide at least 7 days notice of the
Hearing to the Chamber. Notice need not be given to any
other party except by the posting on a City Council
Agenda.
3.0.6.3 At the Hearing, the City Council shall deliberate
upon the occurrence of a violation, and the right to cure
the violation, and on such other matters as the Chamber
and Staff shall determine are appropriate.
10.6.4 If the city council shall, it the exercise of its
reasonable judgment, determine that the best interests of
the City are served by the termination of the agreement,
it shall by written resolution terminate the agreement.
10.7 Abandonment.
If the Center is closed, or otherwise not operational in terms
of providing transit and visitor service to the public, during
all of the specified minimum operating hours for two
consecutive days, this Agreement shall be deemed terminated at
the option of the Contract Administrator and upon exercise
thereof, the premises shall be deemed abandoned.
10.8 Compensation and/or Damaaes.
In the event of termination, compensation due shall be
prorated less any damages caused to the City by the Chamber's
breach.
],1. Miscellaneous Provisions.
11.1. Assianina and Sublettina
The Services of Chamber are personal to the city, and the
Chamber shall not assign, subcontract, transfer, sublet or
encumber the Premises or any interest in this Agreement
(whether by assignment or novation) without the prior written
consent of the City.
3.1. 2. Administrative Claims Requirement 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 of Chula vista
and acted upon by the city of Chula Vista in accordance with
the procedures set forth in Chapter 3..34 of the Chula Vista
Municipal Code, 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 the city, the Chamber shall meet and confer in
good faith with the city for the purpose of resolving any
dispute over the terms of this agreement.
?i?~; ~~
.
Page 22
11.3. ~ttornev's Fees.
Should a dispute result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable
costs incurred in the defense of the claim, including costs
and attorney's fees, provided that said party has exer~ised
best efforts, in good faith, to negotiate a settlement of the
dispute prior to and during the litigation.
11.4. Entire Aareement.
This Agreement, together with any other written document
referred to .or contemplated herein, embody the entirè
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.
J.l. 5. capacitv 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;
that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
J.l.6. Governina 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.
H.? Independent Contractor.
City is interested only in the results obtained and the
Chamber 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 to
reject or accept the Chamber's performance according to the
terms of this agreement. The Chamber and any of the Chamber'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,
?(] -- øl6 ~~
Page 23
workers compensation benefits, injury leave or other leave
benefits.
11.8. Financial Interests.
11. B.1. The Chamber warrants that neither they nor their
employees or agents presently have any interest; directly
or indirectly, whatsoever in the property which is the
subject matter of the contract, or in.any property within
ten (10) radial miles from the exterior boundaries of the
property which is the subject of the contract, except as
listed on an attachment hereto.
11. 8.2. The Chamber further warrants and represents that
no promise of future employment, remuneration,
consideration, gratuity or other reward or gain has been
made to the Chamber or their associates. The Chamber
promises to advise the city of any such promise that may
be made during the term of this contract and for
subsequent extensions.
11.8.3. The Chamber may not conduct or solicit any
business for any party to this contract or for any third
party which may be in conflict with the Chamber's
responsibilities under this contract.
11.8.4. The Chamber further agrees to waive and forego
the following: relocation benefits, owner participation
rights and claims for goodwill.
12. CorresDondence and Noticinq
Correspondence relating to this agreement should use the addresses
given below:
George Krempl Roderick F. Davis
Deputy city Manager Executive Director
City of Chula Vista Chula Vista Chamber
276 Fourth Avenue of Commerce
Chula vista, CA 91910 233 Fourth Avenue
Chula Vista, CA 91910
:
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Page 24
SIGNATURE PAGE TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT
INFORMATION SERVICES AT THE
CHULA VISTA VISITOR INFORMATION CENTER
IN WITNESS WHEREOF, C~y and Chamber have executed this
Agreement this 20.¡.&- day of e.""""~ 1994.
THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE
~. ./: Ji.~~/ r/J: -/ La ~
ï"1.!/'~ J~ P esident
Mayor
~<~/I~. /v ,.) ~,Lïf-
E¡-écutiwe D rector
?ß'-~6 7~
.
First Amendment to
Contract to Provide visitor and Transit Information Services
at the
Chula vista Visitor Information Center
and Chamber of Commerce Main Office
as approved by the city Council December 20,1994
This Amendment, entered into this 30th day of December 1994,
for purposes of reference only and effective as of the date last
executed by the parties, is between the city of Chula vista, a
chartered municipal corporation ("city"); and the Chula Vista
Chamber of Commerce ("Chamber"), and is made with reference to the
following facts:
3.. Whereas, the city agreed on December 20,1994 to enter into a
contract have the Chamber provide visitor and transit information
services at the Chula Vista visitor Information Center and Chamber
of Commerce Main Office; and
2. Whereas, the city council recommended certain amendments to
the proposed contract regarding the hours of operation on the
Visitor Information Center; and
3. Whereas, the Mayor of the city of Chula Vista was thereby
authorized and directed to execute said agreement for and on behalf
of the City with such minor modifications as are approved by the
city Manager and City Attorney;
Now therefore, the parties mutually agree that the provisions of
the agreement dated December 20, 1994 for purpo~es of reference
only and effective as of the date last executed by the parties, is
hereby amended in the following regards only, and as so amended
shall hereinafter be referred to as the "First Amended Agreement":
Section 2.1 "Gross Sales" Defined.
The term "Gross Sales" as used in this agreement shall include
the entire Gross Sales of every kind and nature from all sales
and services made in the Premises whether for credit or cash,
whether by the Chamber or by others, with the exception of
those products or services on which standard commissions are
earned. Such commission-based products and services include
Mexican insurance, lottery tickets, trolley and transit passes
and pay telephone ;. Other products and services may be
included in the commission category with the approval of the
city's contract administrator. For commission-based products
and services, only the amount of the commission will be
included in "Gross Sales." If. however. the comm~ssion-based
product must be purchased bv the Chamber prior tó its resale
to the public. and the wholesale cost is therefore considered
an "Applicable operatina ExPense." as hereinafter defined.
then the full value of the sale shall be considered as part of
7ß~/ ~
visitor Center: Chamber - First Amendment
Page 2
"Gross Sales." "Gross Sales" shall not include any rebates- or.
refunds to customers or sales taxes accounted for and paid to
a governmental agency.
section 4.2.1 Hours of Operation.
The Chamber shall operate the Center at least nine (9) hours
per day on weekdays and eight (8) hours per day on weekends
and holidays. Durina the months of June. Julv. Aucrust and
September. the Chamber shall operate the Center on weekends
for at least twelve (12) hours per dav (hereinafter "Summer
Weekend Hours"). Initial operating hours shall be 9 a.m. to
6 p.m. on weekdays and 9 a.m. to 5 p.m. on weekends and Summer
Weekend Hours of 8 a.m. to 8 p.m., subject to amendment by
separate written agreement of the Chamber and Contract
Administrator. No later than September 15.1995. the Chamber
and citv shall present a report to the city Council reaardina
the summer usaae of the Center and any recommendations for
chanaes in the hours of operation. The Center may be closed
on Thanksgiving, Christmas and New Years Day.
Section 4.2.4 Sianaae.
The Chamber may be required to post a "Free Visitor
Information" sign at each of the three entrances to the Center
or at the counter. Size and design of the sign(s) will meet
with the approval of the city. The costs of supplvina and
installina anv such sian(s) shall be borne bv the City.
The Chamber is prohibited from erecting or creating any signs
on the premises which are visible from the outside or in any
area within the jurisdiction of the city without prior written
approval of the city. Interior signage or advertising is
subject to the city's approval.
Section 4.2.9 Restroom Access.
During the Center's hours of operation, the restrooms shall be
unlocked and available for public use. The city reserves the
right to allow bus drivers to have access to the restrooms
during hours that the Center is closed, with said access being
through the exte~ior doors opening into the Center's
restrooms. No access will be permitted in to the other
interior areas when the Center is closed. The Chamber will
lock the interior doors to the restrooms when the Center is
closed to help prevent access. On or after Julv 1.1995. the
Chamber and Citv shall meet to evaluate the use and cleanina
of the restrooms and anv impacts imputed to . after-hours
access.
?¿J~JO ß~
Visitor Center: Chamber - First Amendment
Page 3
Section 4.4 Securitv: Bondina. -
i'he eßalMler shall lie!'esit $le, eee 1ft sash as s~elirity te
assure 1>ha1> 1>he Pre.ises is !!'etlirfteå 1>e its e!!'igiftal eel'låH:ieft
~el'l 1>ersil'latieft ef 1>he eel'l1>rae1> ("Seeliri1>ytl). Sity 8hall 1:tse
~est effer1>s 1>e 11'\7es1> ~e Sesuri1>y il'\ a aaftfter t~isal ef
ether eity ift",-estilel'\ts. Sity sRall lIay aftftlially 1>e 1>he
ehaahe!!' tofte .il'l1>erest earl'leå el'\ tofte Ses1:t!!'i1>y a1> the average
ift1>erest rate earfte4 ~::i the ei1>y eft all ef Us lilf1:tid
ift\-estilel'l1>s. The ehalMler has the eJltiel'\ 1>e IIrevi4e ei1>y ~ith
a see1:tri1>y ~eftà in a fers aeeeJl1>asle 1>8 ei1>y as al'l al1>erl'lative
1>e see1:tre 1>he Ghaaeer's !'erter.aftee as hereift re~liireà.
In lieu of ~rovidina a securitv deDosit or bond. the Chamber
herebv aarees that comDensation for Main Office Services mav
be withheld in Davrnent for. and in DroDortion to. anv reDair
or maintenance work reauired as a result of Chamber's failure
to maintain the Premises in accordance with Section 9.1
hereof.
section 5.2.1.18 Chamber of Commerce memorabilia. services and
membershiDs.
Section 5.2.2.1 Base Co~pensation
For any quarter in which the Applicable Operating Expenses At
the Center exceed the Gross Sales at the Center, the city
shall pay to the Chamber half of the difference, up to a
~axi~um a~ount of $15,000 per fiscal year.
Section 5.2.2.3 cpr Ad;ustments
At the option of the City, thè annual sum listed in Section
4.2.2.J. 5.2.2.1 and/or in section 4.2.2.2 5.2.2. 2 ~ay be
adjusted at the beginning of each fiscal year, starting with
the FY J.995-96, in proportion to the percentage increase of
the All Urban Consumer Price Index for the San Diego Region
(CPI) for the ~ost recent twelve (12) ~onths, up to a ~axi~um
of 5t per y.ear.
Section 5.2.3 Initial Subsidv for Inventorv
Prior to Kareh 31 Januarv 15,1995, the City shall provide a
one-t1~e payment of $10,000 to the Chamber to procure an
initial inventory of Chula vista-related me~orabilia for
resale at the Center. Purchases made with said one-ti~e
payment shall not be considered Applicable operatipg Expenses.
?(JJ / y~
- . - - -
visitor Center: Chamber - First Amendment
Page 4
section 8.1 Initial Term. :r~ ;. ,t! iiI-k...+ .;
øf f£......fMf1è.s- ~
The term of this contract shall be for
9ne and one half (1.5) years, commencing J uary 1; 1995 and
ending June 3D, ~ liH, subject to he extension and
termination provisions of this agreement. t\.. flLrt;es ""'list tMS~,;.T
~ection 10.9 Additional Neaotiation -n A~~
;~e ;~~~ an: ;h~~be~ ~:~eb: :~ree to neaotiate in aood faith
~e~!~i~Ï an.: ~ te t - m dments to this e~ment for
~e~:Lnauon ~o~ ~i~~""e:r:i~~~~ ;;r sto'O-loss termination. ~nv
~u~n ~endme~t~ ~. 1 ubiect to a'O'Oroval bv the Cltv
alaae~ and i_v Att~rn~~. a~d. if deemed necessarv bv the
~itv ~tt~~-;e~~ ;,h~ c~~: ;ouncil. which shall a'O'Orove or
sa'O'O ove a uch '0 sed amendment in its sole and
unfettered discretion.
section 10.10 Services U'Oon Termination
~~OUld the 'Oarties decide not to exercise anv s'Oecified
o~tio~S to extend or otherwise brina about the termination of
t is ~ontrac~. an: if su~~ intent to terminate is mutuallv
~i~it~d to t.e se vices '0 vided at the Center. both 'Oarties
e eb air:~;o f:niaotiate a ~e'Oarate contract for 'Orovision
~ ~a~n vf.L ~c", S'" v' ces with c m'Oensation to the Chamber at an
a~n~a~ lev~i ~~ ~3Ô~i4~~ =uc~ ~ontract ~hall be.su~;ect to
C t ounc '0 ov b a a ted or wlthheld ln ltS sole
and unfettered discretion.
(End of page. Next page is signature page)
,
?8~J~~1
visitor Center: Chamber - First Amendment
Page 5
SIGNATURE PAGE TO
FIRST AMENDMENT TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT
INFORMATION SERVICES AT THE
CBuLA VISTA VISITOR INFORMATION CENTER
AND CHAMBER OF COMMERCE MAIN OFFICE
AS APPROVED BY THE CITY COUNCIL DECEMBER 20, 1.994
IN WITNESS WHEREOF, city and Chamber have executed this
Agree1Dent this day of 1.994.
THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE
ii ¡{f IrfÍt d'í
Pres:!. ent
~
xecut: v Director
.
;; ß -:73 ;/~
- 1m
CHULA VISTA CHAMBER OF COMMERCE .(~
-- :'..:.~,~:.~!~.2
,.,.", ,. "u""
.,..,..,..,.,...
January 5, 1995
George Krempl
City of Chula Vista
276 Founh Avenue
Chula Vista, CA 91910
Re: Clarification of §8.2 in Visitor 1nformation Center Service AgJeement
Dear George:
Please a11o'" this letter to clarify a concern expressed by your City Attorney.
It is the understanding of both parties that in order for any extension option
to become valid, both parties - the City and the Chamber - must indicate
their consent to any such extension and that no individual pany has the
..:B~....e""l'" unilateral right to force an extension on the other pany.
"'-. -"'-..5=~
.!..-i-"," Sincerely,
:;":' I.' ,;-:,....... Chula ~ista Chamber of Commerce
0:7. ,,' :.,'.e'
::e-, :>i-~"B'. M:>
!E-; S,c:;:
==-1,..:>,-,.85
:z= -;,' .5:>"
JW:ce
pcu\iYe Director
:>d DavIs
;
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.:2JJFQ~131H',--".~Nu.E' CHUlAVISTA. CALIFORNIA .,.'0' TEL (0'.)420..003
.'
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Second Amendment to
Contract to Provide Visitor and Transit Information Services
at the
Chula vista visitor ~nfo~ation Center
and the Chamber of Commerce Main Office
This Amendment, entered into this 6th day of June 1995, for
purposes or reference only and effective as of the date last
executed by the parties, is between the city of Chu1a Vista, a
chartered aunicipal corporation ("City"); and the Chu1a vista
Chamber or Commerce ("Chamber"), and is made with reference to the
~ollowing £acts:
Whereas, the city and Chamber were party to a contract for
general information services ("Previous Information Contract")
offered rrom the Chamber of Commerce Main Office, with compensation'
provided for staff costs; and
Whereas, the city and Chamber subsequently, in December 1994,
entered into a contract on December 20, 1994 ("Combined Contract",
Document ICO-94-276) for operation of the Visitor Information
Center at the Bayfront/E Street Trolley station; and
Whereas, due to the similarities in the services to be
provided, this Combined Contract terminated the Previous
Information contract and provided instead for visitor and transit
services at the Chamber Main Office and the Visitor Information
Center, continuing the Previous Information contract's compensation
for staff costs and with an additional subsidy provided for Visitor
Center starr costs; and
Whereas, these services---although historically offered from
separate locations---are very similar in nature and content, such
that the Combined contract called for their consolidation where
possible and practical; and ;
Whereas, the Chamber has been pursuing such consolidations,
via such efforts as a new visitor hotline (4CV-INFO) . and a voice
nail system); and .
Whereas, as part of the draft budget for the Chula Vista
Convention and Visitors Bureau, the City and Chamber agreed to
formalfze the consolidation of services by reducing the Combined
contract compensation by $18,100, thus making funds available to
fund new marketing staff as budgeted in a separate contract for
convention and visitors Bureau Promotion services at $20,000;
NOW, "l'HEREFORE, coincident with the adoption of the contract
to Provide Chula vista Convention and visitors Bureáu Promotion
Services, the parties mutually agree that the provisions of the
Combined Contract, as First Amended on December 30, 1994 for
purposes of reference only and effective as of the date last
executed by the parties, is hereby amended in the following regards
?ß-- yç Co ff- /Jjc2
l' / %.; /02-
t
Visitor Center - Second Amended Agreement
Page 2
only, and as so amended shall hereinafter be referred to as the
.Second Amended Agreement":
city and Chamber do hereby agree to amend the Combined Contract as
follows:
Section 5.2.2.1 Base ComDensation
Effective FY 94-95 and ~hereafter. for any quarter in
which the Applicable operating Expenses exceed the Gross
Sales, the City shall pay to the Chamber half af t~e
àiffereftee one hundred 'Dercent Cloot) of anv annual
cDeretina loss. up to a maximum amount of $15,000 per
fiscal year.
Effective FY 95-96 and thereafter" if "Gross Sales"
:~~~~d '~~flicable ODeratina EXDenses durina anv fiscal
a tw v-five Dercent (25') of said net 'Drofits shall
be remitted to the citv.
For 'DUrDOSes of comDutina net losses. anv 1IIonies received
~~~m ~h~ ;an Dieao Countv Communitv Enhancement proaram
th a Dieao Unified Port District for the Visitor
Center would be counted as Visitor Center revenues.
For 'DUrDoses of comDutina net 'Drofits. 1IIonies received
~r~~ ;h~ ~a~ Dieao Countv Communitv Enhancement Proaram
r h a ie~o Unified Port District for the Visitor
Center would not be counted as Visitor Center revenues.
.
Section 5.2.2.2. Main office Services comDensation
For continuing provision of Main Office Services, the
City agrees to pay the Chamber the.um of $30,148 per
fiscal year, prorated quarterly, throuah the end of
Fiscal Year 1994-95 and $12.048 Der fiscal vear. 'Drorated
cruarterlv for the remainder of the term of this
¥ agreement.
Section 5.2.2.3 "i1lle of PaVlllent
Quarterly payments 8hall ~e 8.i. vi~ift ..ft (lè) ~.~t
~ 1IIav be advanced at ~he beainniná of a 'cru.rter and
shall be sub1ect to ad1ustments after receipt of
quarterly reports to be submitted by the Chamber as
specified in section ~ 4.6 and Section 4.7.
?!? ~J ?
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Visitor Center - Second Amended Agreement
Page 3
SIGNATURE PAGE TO
SECOND AMENDMENT TO
CON'I'RACT TO PROVIDE VIS¡'I'OR AND TRANSn
INFORMATION SERVICES AT THE
CHULA VISTA VISITOR INFORMATION CENTER
AND CHAMBER OF COMMERCE MAIN OFFICE
AS APPROVED BY THE CITY COUNCIL DECEMBER 20, 1994
.AND FIRST AMENDED DECEMBER 30, 1994
IN . WITNESS ~EREOF, Ci ty ~nd Chamber have executed this
Agreement this 7";( day of 'FP/",[-'7/JE<. 1995.
'!'HE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE
, ! !
Æu/r brJÝð1~ PreSi¡j;J.l~ ~ V'¿..-c(..<-~
Mayor
~iu~~ Jv~
Ex,cutive Director
?iIO .
city Attorney
:;
.'
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. .
ATTACHMENT n
Thiyd Amendment to
Contract to Provide Visitor and Transit Information Services
at the
Chula Vista Visitor Information Center
and the Chamber of Commerce Main Office
This Amendment, entered into this 1st day of July 1996, for
purposes of reference only and effective as of the date last
executed by the parties, is between the City of Chula Vista, a
chartered municipal corporation (" ci ty"); and the Chula Vista
Chamber of Commerce ("Chamber"), and is made with reference to the
following facts:
Whereas, the City and Chamber were party to a contract for
general and visitor information services ("Existing Information
Contract", on file with the City Clerk as Document #CO95-142)
offered from the Chamber of Commerce Main Office and for operation
of the Visitoy Information Center at the Bayfront/E Street Trolley
Station; and
Whereas, the parties desire to extend the initial term of that
CO:1tract by one additioDal year, to be co-terminus with an
accompanying contract for the Chula Vista Convention and Visitors
3'.lreau,
NOW, THEREFORE, coiDcident with the adoption of the Contract
to Provide Chula Vista Convention and Visitors Bureau Promotion
Seyvices, the parties mutually agree that the Existing Information
CoDtract, as last amended on September 5, 1995 for purposes of
reference only and effective as of the date last executed by the
pay ties, is hereby amended in the following regards only, and as so
amended shall hereinaftey be referred to as the "Second Amended
Agreement":
City and Chamber do hereby agree to amend the Existing Information
Contract as follows:
Section 8.1 Initial Term
The term of this contract shall be for efte two and one half
~ J.L.2.l years, commencing January 1, 1995 and ending June
30, ~ 1997, subject to the extension and termination
provisions of this agreement. It is the intent of the parties
that both parties must consent to any extension.
All remaining provisions of the Existing Information Contract shall
remain in full force and effect.
7ß~J6
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.h:h.2._:_.~.Q: ..
visitor Center - Third Amended Agreement
Page 2
SIGNATURE PAGE TO
THIRD AMENDMENT TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT
INFORMATION SERVICES AT THE
CHULA VISTA VISITOR INFORMATION CENTER
AND CHAMBER OF COMMERCE MAIN OFFICE
AS LAST AMENDED SEPTEMBER 5, 1995
IN WITNESS ,EEREOF, city ~ Chamber have executed this
1996.
AgreeIIlent this TÂ day of /.?-6'-M<; r
THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE
ÆÚdl/Ji /~~ "r""id"O ~Q f
Mayor.
Approved as to form by
CL- 7/L~\-¡ ~
city Attorney
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,
Chula ~ta
~ CDnVsnfiDn g
~ ViJrifDTS: BUTSIIU
Chuta Vista Convention and Visitors Bureau's Vision
The Vision Statement for the Chula Vista Convention and Visitors Bureau
(ConVis) sees Chula Vista's position in the market place as a second day attraction,
Tourists are not coming to San Diego County to visit Chula Vista's attractions first.
However, once visitors are attracted to the area, and they have visited the zoo, the
Wild Animal Park, and Sea World, Chula Vista can then offer a tremendous
opportunity with the Nature Center, White Water Canyon, ARCO@ Olympic
Training Center (OTC) and the MCA Amphitheater.
To attract tourists, we are developing a co-op advertising campaign with the
OTC, White Water Canyon and MCA, Although the Nature Center's budget is
insufficient for advertising, it is included in much of what we do at no cost to the
Center, Advertising will appear in the California State Tourism Department's
fulfillment publication as well as Guest Informant magazine. The latter will be
displayed in all major hotel properties county wide and will be utilized by the
concierges.
In addition, we have contacted our elected officials in Sacramento and
Washington, and they will have small brochure racks with information about our
city in their offices, Moreover, Con Vis will place information on Chula Vista at each
of the above attractions, If we can find a way to afford it, we would like to publish a
city media kit similar to Coronado's.
As soon as the MCA Amphitheater breaks ground, Con Vis in conjunction with
the City's public information officer will invite, in two-week intervals, various
members from the following groups to tour Chula Vista: travel agents, TV, radio and
print media, destination management companies (DMCs), and the concierges of all
the major hotel properties in San Diego,
In the meantime, we are continuing to advertise and participate in numerous
events appropriate to our strategic vision, We are actively involved in Harbor Days,
Bayfair and the golf tournament supporting the OTC, We are considering a hot air
balloon festival-one of many stops on the balloon Circuit-and a "Paint The Bay"
Festival where artists use chalk to temporarily paint the sidewalks along the
bayfront,
Changes at the Visitor Center are coming along nicely, The interior has been
painted; new, updated vending machines and an information kiosk have been
installed; an ATM is in place; and bathroom improvements have been made to
prevent vandalism, Also available are tickets to all major Chula Vista and San
Diego attractions and souvenir retail items such as T-shirts, mugs and pens. To
increase awareness for the OTC, an area in the display case has been provided for
?ß-YtJ
33 Fourth Avenue. Chula Vista, California 91910 . Tel: (619) 426-2882 . Fax: (619) 426-9925
_'__n -------- ---- ------------------------------------------
items from OTC Spirit Store, To showcase Chula Vista then and now, large sepia-
toned historical photos have been selected to hang alongside current color photos of
the Nature Center, OTC and harbor. This will not only emphasize how far we've
come as a community but also where we are headed. New phone equipment has
been installed at the VIC to better assist international travelers.
Participation in county-wide trade shows and fairs, manning booths at San
Diego Con Vis functions and Chamber activities enhances awareness. Moreover,
Robyn has volunteered to be on numerous committees for the Super Bowl to gain
"overflow" from San Diego hotels, many of which are already sold out for January
1998, A website has been created to promote Chula Vista, and we have already
received "hits" from as far away as Australia, Kuwait and the United Kingdom.
Plans are in the works to hyper-link to San Diego ConVis, City ofChula Vista and
San Diego Union Tribune travel department,
We've also done several mass mailings recently, All Chula Vista restaurants
and hotels were contacted to generate interest in a new dining and lodging guide.
The new guide will feature a street map, so travelers can see where the businesses
are located. A nationwide mailing was done to all Convention and Visitor Bureaus
to exchange information and increase interest in our area. Letters were also sent to
all travel publications in newspapers and magazines requesting editorial space,
The potential for growth in the visitor industry in our area is tremendous, The
telephones ring all day, mail arrives in bulk and the website is up and running. The
interest is out there, we must have the resources to respond.
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M &MTeeTunes 7445 (AmniA",.. #11, LaJoik Ea.tlake Country Club (18/wk,) 2375 Cluh/wu.<'
92037, 45/H!366. Specializing in tee times and G if C Ð>-., Q¡u/a Vuta 91915. 482-5757. Championship-
goIfpackages at ToITCY Pines and San Diego's 0 ourses caliber. par 72 course. voted most e~joyab\e to
finer golf cou"es and cesort<;. Avian Golf Club (18 hoœ,) 7447 BatiquUMÐ>-., play in San Diego. Open to the public On.,ite
Play Around Custom Golf Tours 3849 Macksta. CarlsJxpJ 92009. 92=77. Arnold Palmer-d"Ügned tournament management.
SanDiRga 92111-3504, 57M113, (8oo)PLYARND. course. Open to the public. Tee times avail- Handlery Hotel and Resort (18 hok,¡ 950Ho"l
A full range of golf seMm. Tournaments, able 6 days in advance. Clubhouse restaurant, Cird, N, San Di'go 92108. 298-0511. USGA
group events. business and leisure packages. lounge and catering. championship golf course. 9-bole. executive
cmpm.te outing>. indi,;dual tee-time cese"~- Carlton Oaks Country Ctub (18 hok,) 9200 coum. driw,grange and putting green open to
tiom and custom tou". ImnaodÐ>-., SanJ« 92071, 4484242, Golfeu.m- 448- the public.
Preferred GolfToun¡ 12530 Camilli/oMira dtl 8500, U.S. (800) 831-6757. IS-hole, champi- La CoSUI Resort and Spa (2 18-hokc.."",) C",ta
Mar. San Diego 92130, 792-6556. Specializing omhip. Dye-designed coun;e, open to the public. De1MarRd., Cmisbtul. 92009, 438-9111. US. (800)
in the planning and operation of corporate pro >hop. 6O-room tadge. restaurant. bar and ban- 854-5000. PGA champiomhip cou"es. Hotel
golfing event<; at public and private cou"es. quet facilities. guest<; and membm only.
PreferredTeeT'unes 6994El Camino Rm( #205, Cannel Mountam Ranch Country Club (18/wks) Meadow Lake Country Club (18 hok,) 10333
Carl,bad 92009. 930-4200, (BOO) 377-7609. 14050 Ca"""l Ridg' Road, SanDUgo 92128,451- MfOd"w Gkn Way, &wndidn 92026, 749-1620.
Organization ofindh;dual tee times. complete 8353. Rated in top 30 of California cou"es, Scenic, par 72. champiomhip COw'se. open to the
tournaments and golf outings. Sernces include with champiomhip calibec golf. Tournaments public. pro shop. restaurant. cockrnillounge. snack
transportation. prizes. banquet<;, clinics and and groups welcome. bar. meeting and banquet facilities.
swing analysis. Casde Creek Country Ctub 8797 Cicek R Ð>-.. Mission Bay Golf Course (18 hok,¡ 2702 N
San Diego Golf Even'" 101 W,-" Broadway, San &nmdido 92026, 749-2877. A newly cefurbished. Mis,;". Bo., Ð>-.. San D,-go 92109. 490-3370. San
D,-go 92101. 232-4707. Development, organi. Dye-de,igned course. Diego's onl" night-hghted golf course (until
zation and production of gotf events for cor. Doubletree Cannel ffigbland Resort (18 hoœ,) lOp.m. dailv). Gras.qee dm;ag range. minialUce
poration, tndesho"" conveariom and charities. 14455 P"¡"quil", Dr., SO" Di'go 92129. 6Ï2- golf. golfl."am, restaurant.lauagn,,;th ~~ter'
9100, Us. 1800) 622-9223. Pubhc play welcomed. fall view.
tournament" and packages ",-ailable. Restaur""t.
lounge. deli bar. banquet facili"es.
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~ For further information
I~. ",; contact the Information Center
L~ 619'4CV.INFO
CHUlA ViSTA CHAMBER OF COMMERCE ACI'M1ì'
233 FourthA'e"u" Chul, Vista, CA919!0
1619) 420-;292 FAX 16191 420-1269
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On Famous UNotei Orde n 010'
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Just rwe Minutes To Sea War/It
Zoo, Old Town anr/ Beaches. Ca
AfFORDABLE LUXURY VACATION & fAJltlLY fUN! (
,j goye,
Enjoy wolm summer sunshine all year round_Üula Vislaí days,
near perfeel /IIedilenanean climate lends itself to a casual outdoor c:edin
holid
- \ lif"¡yle, Discover Chula Vislaí Nature Cenler where you ran lauch Mon.
- 0 stingray or pet a shark! rhe Son Diego Trolley makes 3 stops in 4, CI
'~-' .-" cbs"
Chulo Vi,to which connects to /IIexico and downtown Son Diego,
IL U1 Olympic Training Center and Spirit 510re . /llCA Amphilheater
Whifewoler Woler Pork. Championship Golf Course, . IN Parks
Chulo Vista Yacht Uorbor . Dining. Sailing. Windsurfing
fishing Pier. Picnic Areas. Uorsehock Riding. Jogging/Biking
Unique Shopping Distriel . Uiking ¡rails Theaters
:' ~ '~"';"'" CHULA VISTA CONVENnON
'-~~-~ & VISITORS BUREAU
233 Fourth Ave., (hula Vista CA 91910
(619) 4'l6-U8'l Fax (619) 4'l6-9ft5
- ~- far further informalian canlad the InfarmaZarÍ6%%fO
" -
COUNCIL AGENDA STATEMENT
i 7
Item
Meeting Date 06-24-97
ITEM TITLE: RESOLUTION ) 8'?/¿) EXPANOING THE TEMPORARY CLOSURE OF
CENTER STREET AND ADDING A PDRTIDN OF CHURCH AVENUE TO EXPAND THE
DOWNTOWN FARMERS' MARKET ON THURSOAY AFTERNOONS SUBJECT TO
EXISTING CONDITIONS OF APPROVAL
SUBMITTED BY: C.~..", 0.."."",", ~ {50,
REVIEWED BY: C;~ M'",9'~ t /7 (.,... VotE V..- ..JlJ
BACKGROUND:
On October 3, 1995, the City Council approved the closure of Center Street between Third Avenue and
Church Avenue on Thursday afternoons between 2:00 p.m. and 7:00 p.m. for the Downtown Farmers'
Market. The Market has been very successful and the Downtown Business Association (DBA) would like
to expand the Market. The DBA requests that the City allow: (1) the extension of the Center Street closure
to a point of just west of the Norman Park Senior Center parking lot exit and (2) the closure of the portion
of Church Avenue that intersects with Center Street south to the entry driveway to Public Parking Lot #10.
The project is exempt from environmental review. The proposed expansion of the current street closure is
a minor change to the Center Street closure which was the subject of Negative Declaration 95-3, It was
found that the proposed expansion does not constitute any new or significant impact; therefore, it is exempt
from environmental review,
RECOMMENDATION:
That the City Council adopt a resolution expanding the temporary closure of Center Street and adding a
portion of Church Avenue to expand the Downtown Farmers' Market on Thursday afternoons subject to
existing conditions of approval.
BOARDSICOMMISSIONS RECOMMENDATION: NIA
DISCUSSION:
The Downtown Farmers' Market has become very successful and the Oowntown Business Association would
like to expand the closure of Center Street and close a portion of Church Avenue to allow the expansion
of the Market and the inclusion of an arts and craft area. (A map of the proposed expansion area is
attached.) About ten more farmers can be accommodated within the proposed expansion of Center Street
g-~/
,~ ~
Page 2. Item -
Meeting Date 06-24-97
and about ten to twelve arts and crafts booths can be accommodated in the Church Avenue addition. These
are allowable uses under the conditions of approval for the original Center Street closure. (A copy of the
conditions of approval are attached.) Business license fees for vendors will continue to be waived.
The DBA Town Manager and Board President have consulted with representatives of the two adjacent
properties, the Congregational and Southern Baptist Churches regarding the expanded street closure. Both
churches have agreed to the closure, Also, the Southern Baptist Church has offered their Church Avenue
parking lot to help accommodate the Market activities.
Two alleys that parallel Church Avenue, one between Church and Third Avenue and one between Church
and Del Mar Avenue, will remain open and can accommodate emergency vehicles and limited through.traffic.
Church Avenue also will remain open to the point of access into Public Parking lot #2 (southwest corner
of Church and center). Vehicles may exit the parking lot onto Church Avenue or the alleyway in back of
Third Avenue businesses.
The Risk Manager, and the Engineering, Finance, Police, and Fire Departments staff have reviewed the
proposal and have determined that no impacts will result from the expansion.
FISCAL IMPACT:
No fiscal impact is anticipated as a result of extending the temporary closure of Center Street and a portion
of Church Avenue for the Farmers' Market. Approximately (10) 10 hour parking meters will be effected for
about 3 hours which could result in a loss of a maximum of $3.00 in revenue, The increase in users of the
adjacent metered parking is expected to off-set the loss.
[pal H:IHOMEICOMMOEVISTAFF.REPlOa.24-97\FMEXPANO [Ju", 11. 1997 [5:02pml!
g--- ~
RESOLUTION NO. ) fr?¡tJ
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA EXPANDING THE TEMPORARY CLOSURE OF CENTER
STREET AND ADDING A PORTION OF CHURCH AVENUE TO
EXPAND THE DOWNTOWN FARMERS' MARKET ON THURSDAY
AFTERNOONS SUBJECT TO EXISTING CONDITIONS OF APPROVAL
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Downtown Business Association;
and,
WHEREAS, on October 3, 1995, the City Council approved Resolution 18052
adopting Negative Declaration IS-95-30 and approving the closure of a portion of Center Street
on Thursday afternoons between March 1996 and October 1996 for a Farmers' Market; and,
WHEREAS, on October 15, 1996, the City Council approved Resolution 18457
extending the closure of Center Street for a fourteen month period from November 1, 1996 to
December 31, 1997; and,
WHEREAS. the Downtown Business Association has requested that the City Council
expand the temporary closure of Center Street and add a portion of Church Avenue to
accommodate the Farmers' Market on Thursday afternoons; and,
WHEREAS, the expansion of the project creates no new significant impacts and
therefore no additional review of the project is required under CEQA; and,
WHEREAS, the Farmers' Market special event will further the redevelopment effort
within the Town Center I Redevelopment Project Area.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby expand the temporary closure of Center Street and adds a portion of Church Avenue
subject to Conditions of Approval listed on Exhibit A and in accordance with the boundaries
outlined on Exhibit B.
Presented by Approved as to form by
rL ~r1-~/ ~~
Chris Salomone
Director of Community Development ~y(
C Attor
IIPB} H,\HOMElCOMMOEV\RESOSlfm",pood.'" IJooo 1 B. 1997 ",32pmll
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COUNCIL AGENDA STATEMENT
Item No. ~
Meeting Date 6/24/97
ITEM TITLE Resolution I~ 711 Accepting Bids and Awarding
Landscape Maintenance Contracts for Open Space
Districts I, 5, 9, and 10 to New Way Professional
Services
SUBMITTED BY Director of Parks and Recreation
Staff is still evaluating the bids received and will be requesting
continuance of this item to the meeting of July 15, 1997;
9--¿J
COUNCIL AGENDA STATEMENT
Item NO. ....1Q
Meeting Date 6/24/97
ITEM TITLE Resolution I g 7 / ;¿ . Accepting Bids and Awarding
Landscape Maintenance Contracts for Open space
Districts 3, 4, 8, 11, 14, 15 and 24 to New Way
Professional services and RC Landscape
SUBMITTED BY Director of Parks and Recreation
Staff is still evaluating the bids received and will be requesting
continuance of this item to the meeting of July 15, 1997.
/t/~V
COUNCIL AGENDA STATEMENT Item n
Meeting Date 06/24/97
ITEM TITLE: A. Resolution) 'ír7/'J Exercising the option for renewal of the
landscape maintenance contract for renewal of landscape maintenance for
the EastLake Maintenance District 1 to Alvezia Landscape and for
EastLake Maintenance District Zone D to RC Landscape
B. Resolution J í!')/1 Exercising the option for renewal of the
landscape maintenance contract for Open Space Maintenance Districts 2,
6, 7, 17, 18, 20, 23, 26, 31 and Bayfront Trolley Station to RC
SUBMITTED BY: Landscape, Alvezia Landscape and v:way Professional Services
Director of Parks, Recreation and Open Sp ,
.....
REVIEWED BY: City Manager 6Jjtj.. (4/5ths Vote: Yes - No .Xl
f¡J Staff is recommending that the City exercise its option to renew the landscape maintenance contracts with
RC Landscape, Alvezia Landscape and New Way Professional Services for FY 1997/98. Staff is
submitting two separate resolutions, one resolution for the Districts 2,6,7, 17,23 and 26; District 18;
District 20; District 31; Bayfront Trolley Station, and the EastLake Maintenance District. In order to
avoid any conflict of interest, and maximize Council's participation, it is necessary to consider the
contract for the EastLake Maintenance District separately.
RECOMMENDATION: That Council adopt the Resolution and renew the maintenance contracts,
without granting a Consumer Price Index price adjustment, for Open Space Maintenance Districts 2, 6,
7, 17,23,26; District 18; District 20; District 31; Bayfront Trolley Station; and EastLake Maintenance
District.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable,
DISCUSSION: On June 21, 1994, new maintenance contracts for Districts 2,6,7, 17, 23, 26; District
18; District 20; and EastLake Maintenance District and EastLake Zone D (Salt Creek I) were awarded
to RC Landscape and Alvezia Landscape. This year will be the third option renewal for these contracts,
On November 14, 1995, the City approved one-year landscape maintenance contracts with RC's
Landscape Maintenance and New Way Landscape for newly finished portions of District 20 SPA I Phase
6 and SPA II, District 31, and the Bayfront Trolley Station. This will be the second option renewal for
these contracts. On February 25,1997, a new maintenance contract for District 20 SPA III was awarded
to New Way Professional Services, This will be the first option renewal for this contract.
Due to the labor intensive nature of an annual bidding process and the difficulty of attracting a sizable
number of contractors for a one-year contract, the City adopted a renewal option in 1986 for the open
space maintenance contracts, This has given staff some assurance that if they perform satisfactorily, and
meet the performance criteria called out in the contract, the contractors may receive a renewal option.
[H,IHOMElPARKSREClAIl3\OLD97 ,RENEWOS,AI3 ,J~ 19, 1997]
//-/
Page 2, Item -
Meeting Date 06/24/97
Further, through a renewal option contract, the City has realized consistencies in its maintenance service,
and established a tool to facilitate the budgeting process and control the financial impacts to City
residents. The renewal option provides for three additional years if work perfonnance was satisfactory.
The justification for a three-year renewal clause was to ensure that contractors would be more responsive,
with the possibility of a four-year maintenance contract, versus the one-year contracts without a renewal
option.
The Department is recommending that the City exercise its contractual option to renew the landscape
maintenance contracts for the contractors providing services in Open Space Maintenance Districts 2, 6,
7, 17,23,26; District 18; District 20; EastLake Maintenance District Zone D (Salt Creek I); EastLake
Maintenance District; District 20 SPA I Phase 6; District 20 SPA IT and III; District 31 and the Bayfront
Trolley Station.
It is the recommendation of staff that the current contracts be renewed without a CPI adjustment of
2.6%. In accordance with the provisions of Section V.C. (Price Adjustment Clause) in the contract, the
contractor may request an increase in the contract price in each renewal year by furnishing proof by April
1 of any CPI increase. No request were received.
The Department is satisfied with all of the contractors' perfonnance over the past year. The Department
has not received any complaints from district residents and the contractors have complied with all terms
of the contract.
The Department recommends approval of the following contract amounts for FY 1996/97:
i iiii ~~LEi
i i i,.Jerfi ii "Iii"""".'."'.'.....'. iiii
RC Landscape 2 $ 4,000.00 $ 4,108.00 $4,108.00 $4,108.00
6 $ 5,000.00 $ 5,135.00 $5,135.00 $5,135.00
7 $ 3,000.00 $ 3,081.00 $3,081.00 $3,081.00
17 $ 3,000.00 $ 3,081.00 $3,081.00 $3,081.00
23 $ 4,000.00 $ 4,108.00 $4,108.00 $4,108.00
26 $ 4,000.001 $ 2,670.20' $2,670.20 $2,670.00
18 $ 54,000.00 $ 55,458.00 $55,458.00 $55,458.00
20 $35,000.00 $35,000.00 $35,000.00
SPA 1
PHASE 6
1 District 26 was renegotiated to $2,600 for FY 1994/95 to lessen the assessment impact to District 26's
nineteen residents.
[H.\HOMElPARKSREClAIl3\OLD97 - RENEWOS.AI3 - 'WI< 19. 1997]
//~2
Page 3, Item -
Meeting Date 06/24/97
~~ ~ ~~ ....'.....'..""¡¡~I~..".'...'.. ....21~~1 ~~ ,1,~:'/
ù= '.'Q:;;.z¡~ ~ ~~~~
New Way 20 SPA n $ 32,604.00 $32,604.00 $32,604.00
ProCessional
20 SPA ill $39,777.00
31 $28,920.00 $28,920.00 $28,920.00
Alvezia 20 $180,854.30 $185,737.36 $185,737.36 $185,737.36
Landscape
ELMD $ 47,580.19 $ 48,864.86 $48,864.86 $48,864.86
RC Landscape ELMD-D $ 22,872.00 $ 23,489.54 $23,489.54 $23,489.54
Bayfront $11,400.00 $11,400.00 $11,400.00
Trolley
FISCAL IMPACT: Assessments for maintaining these districts are borne by the respective homeowners
in each district. The homeowners have been advised of the budgets for each district. The proposed
budgets for these districts include adequate funds to pay for these contracts.
Attachments: "A" - EastLake Maintenance District 1 Maps
"B" - Open Space Maintenance Districts 2,6,7, 17,23,26; 18; 31; 20 Maps
)/-3
[H.\HOME\PARKSREClAIl3\OLD97 . RENEWOS.A13 . Jwo< 19. 1997]
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' /1-.30
RESOLUTION NO. /77/3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF THE LANDSCAPE MAINTENANCE CONTRACT FOR
EASTLAKE MAINTENANCE DISTRICT 1 TO ALVEZIA
LANDSCAPE AND FOR EASTLAKE MAINTENANCE
DISTRICT ZONE D TO RC LANDSCAPE
WHEREAS, staff is recommending that the city exercise its
option to renew the landscape maintenance contracts with RC
Landscape and Alvezia for EastLake Maintenance District and ELMD
Zone D; and
WHEREAS, these contracts contain a yearly renewal option
for three years and the City has exercised said renewal for FY
1995/96 and 1996/97; and
WHEREAS, staff is recommending that the contracts be
renewed at the same contract amount in that Parks and Recreation
staff is satisfied with the work performance of the contractor.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby exercise the option for renewal of
the landscape maintenance contract with RC Landscape for ELMD Zone
D and with Alvezia Landscape for EastLake Maintenance District
without granting a Consumer Price Index price adjustment.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
c: Irslosrenew. 10
//4/ /
RESOLUTION NO. Jff?/Jj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF THE LANDSCAPE MAINTENANCE CONTRACTS FOR
OPEN SPACE DISTRICTS 2, 6, 7, 17, 18, 20, 23,
26, 31 AND BAYFRONT TROLLEY STATION
WHEREAS, on June 24, 1994, new maintenance contracts for
Districts 2, 6, 7, 17, 23, 26, District 18, District 20, District
31, Bayfront Trolley station and EastLake Landscape Maintenance
District No. 1 were awarded to RC Landscape and Alvezia Landscape;
and
WHEREAS, staff is recommending that the City exercise its
option to renew the landscape maintenance contracts with RC
Landscape, Alvezia Landscape and New Way Professional Services.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby exercise the option for renewal
of the landscape maintenance contracts for open Space Districts 2,
6, 7, 17, 18, 20, 23, 26, 31 and Bayfront Trolley Station, without
granting a Consumer Price Index price adjustment, to RC Landscape,
Alvezia Landscape and New Way Professional Services.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\OSObid.prt
J/{S/j
COUNCIL AGENDA STATEMENT
Item-.i ~
Jrr?/5 Meeting Date 6/24/97
ITEM TITLE: Resolution Accepting Bids and Awarding the Contract for Citywide
Street Sweeping Services to R. F. Dickson Company, Inc. for the period
of July I, 1997 through June 30, 2000 and authorizing the Mayor to
execute the contract
SUBMITTED BY: Director of Public Works;} Y
Director of Finance
REVIEWED BY, CÜy M"""" ~c.. :z;~ (415" V""" Y ~ - No.JÙ
./1
On September 22, 1992, the City Council a roved a contract with R. F. Dickson, Inc. to
provide citywide street sweeping services. The agreement provided for three years (January 1,
1993, through December 31, 1995) of street sweeping, with the option of extending the
agreement for up to two additional years. The City Council subsequently approved contract
extensions through June 30, 1996, and through June 30, 1997, respectively.
The City advertised for bids for a new three-year contract, with 2 one-year renewable option
years, on April 12, 1997 and held a mandatory pre-bid conference on April 29, 1997. Four bids
were received on May 13, 1997. R. F. Dickson Company, Inc. was the low bidder.
RECOMMENDATION: That the City Council adopt the resolution accepting bids and
awarding the contract for citywide street sweeping services to R. F. Dickson Company, Inc. for
the period of July 1, 1997, through June 30, 2000, and authorizing the Mayor to execute the
contract.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City sent requests for bids to 14 finns located both in and out of the County. One of the
[InnS was a Chula Vista company who declined to bid. Six of these finns attended the
mandatory pre-bid conference and four of them submitted bids. The lowest responsible bidder
was R. F. Dickson Company, Inc. with a bid of $167,948.67. A summary of the bids submitted
is shown in Table I below. Attachment A gives a cost breakdown of the individual bid items.
Dickson's proposed unit prices in the new contract are lower than this company's current
contract unit prices.
The contract or agreement, which is attached, covers sweeping of all City public streets (that
have been accepted by the City), center islands/medians, center lines, and designated parking
lots, as shown in Attachment B. The contractor will be required to clean all curbs, gutters,
median curbs and painted islands, centerlines, road shoulders, and turning lanes, and designated
parking lots, and to properly dispose of all collected material. There are eight classes of street
sweeping called for in the agreement, each with a separate unit price. These classes are
/;2. -/
Page 2, Item -
Meeting Date 6/24/97
residential streets, two types of business streets, center islands and medians, center lines,
uncurbed streets, parking lots, and special sweeping. Residential streets are swept once per
month. Business streets, such as Fourth Avenue or "H" Street, are swept once per week. Third
Avenue, between "E" and "G" Streets, is swept twice per week. Center islands/medians and
center lines, located on major streets, are swept once per month. Uncurbed streets are streets
without curbs and gutters and are swept once per month. Parking lots are swept once per
month. Special sweeping will be on an as-needed basis, such as sweeping after a special event,
or sweeping a parking lot not on the list, and is not part of the bid cost. These services will be
paid at an hourly or mileage rate, as shown in Attachment A.
Table I
Firm Bid Amount'
R. F. Dickson Company, Inc. $167,948.67
Downey, CA
Cannon Pacific Services $176,224.46
Encinitas, CA
Day & Night Power Sweeping $180,868.03
San Diego, CA
California Street Maintenance $218,766.27
Gardena, CA
Not included in this bid amount is the bid alternate to sweep Broadway, from "C" Street to Main
Street, as approved in the 1997-98 budget. Dickson's bid alternate of $4,864.64 will be added
to the bid price. In addition, at one of the budget review sessions, Council requested that the
segments of "E" Street and "H" Street from 1-5 to Broadway be swept one additional time per
week. This cost will also be added to Dickson's original bid. The revised amount of Dickson's
contract is therefore $173,766.85.
Payment for the addition of any street or parking lot accepted by the City during the life of this
contract will be made at the same unit price as stated in the agreement. As new subdivisions
are built, new City streets will be added to the list. In addition, City staff is currently
recalculating the mileage of the City streets to ensure accuracy and is also checking to make sure
'Corrections on two of the bids, from Cannon Pacific Services and Day & Night Power Sweeping, were made
by the City Purchasing Agent, after consulation with these hidders. There was some confusion on the unit price
for parking lot sweeping. On the bid form, the City requested a unit price per 100 square feet, hut inadvertently
listed "per square ft." next to the bid line. These two companies listed the per square foot cost rather than the per
100 square foot price. They were subsequently contacted by the Purchasing Agent and they confirmed the correct
per 100 square foot cost, which is reflected in the previous table and in Attachment A.
J;2-~
Page 3, Item -
Meeting Date 6/24/97
all accepted City streets have been included in the street list. Adjustments may therefore be
made after approval of the contract and during the life of the contract. The City has also
retained the right to reduce the frequency of sweeping, the mileage of sweeping, or the square
footage of parking lots to be swept with no adjustment in the unit price compensation for the
remaining work.
Prices are fIXed for the first year (7/1197 - 6/30/98). Adjustments during the second and third
year will be based upon the All Urban Consumers/ All Items Component of the San Diego
Metropolitan Area Consumer Price Index, up to a maximum of 6% per year. Years four and
five costs would be negotiable and the City's decision on renewal would depend on the outcome
of those negotiations.
Although the bid price includes the cost of disposal of collected material, County dump fee
adjustments will be allowed, once per year during the second and third year of the agreement.
Adjustments will be considered in July of those years only if increases or decreases in dump fees
exceed the greater of either the CPI increase or 6% per year. Adjustments will be made only
for that amount over a 6% increase or decrease in dump fees.2
Payment for sweeping will be made on monthly basis and be based on the unit price per curb
mile or pass mile or square footage actuallv cleaned, except that deductions will be made for
streets or areas not swept, or not properly swept according to the standards indicated in the
agreement.
Bidders were required to provide satisfactory evidence that they had in excess of two (2) years
contract sweeping experience for either private or municipal agencies, with contract street or
highway sweeping preferred, and that they had experience in operations of comparable size to
Chula Vista. Staff checked the references on the two lowest bidders and found them to be
satisfactory. Dickson has been in the street sweeping business for 42 years, serving cities
ranging in size from 6,000 population to over 100,000. Dickson has provided sweeping services
to five cities in this County, including Chula Vista, as previously stated.
Bidders were also required to provide an inventory of their equipment available for use on this
contract and provide evidence that they had adequate maintenance and storage facilities, located
in San Diego County, to maintain and store their equipment. Even though Dickson's
headquarters are in Downey, the company has a maintenance facility in Santee and a storage
facility in National City. Dickson also has an 800 telephone number, staffed by a responsible
representative, for answering questions or responding to our requests or complaints from 8:00
a.m. to 5:00 p.m., Monday through Friday. The company is also required to provide a list of
'For example, if dump fees increased by 5%, and the CPI increase was 4%, there would be no dump fee
adjustment since this increase did not exceed the greater of the CPt increase or 6 %. If dump fees increased by 7 % ,
and the CPt increase was 4%, dump fees would be adjusted since the dump fee increase was greater than 6%. The
dump fee increase would be only for that amount over 6 %, or 1 % . If dump fees decreased, they would have to
decrease by more than 6% in order for the City to see a reduction in the unit price.
Jc?-3
Page 4, Item -
Meeting Date 6/24/97
names and phone numbers of supervisory personnel who can be contacted on a 24-hour basis
to respond to emergency needs.
The company also provided a detailed inventory of its equipment available for use on this
contract, which is subject to the inspection and final approval of the City.
Dickson is required to submit a sweeping schedule to the Director of Public Works which
identifies the streets or neighborhoods to be swept each week. The contractor is required to
make every effort to schedule the sweeping on days following regular trash collections, but in
no event any closer than two days prior to trash pickup. The hours during which the sweeping
is done is at the discretion of the contractor, with the approval of the Director of Public Works.
However, no sweeping in residential areas will be started prior to 7:00 a.m., or later than 4:00
p.m. All parking lots will be swept on a weekday, between the hours of 4:30 a.m. and 7:00
a.m.. Dickson is required to submit for approval a schedule indicating the days and times that
these lots will be swept.
The Department has been satisfied with the service provided by Dickson to date and therefore
recommends approval of the new contract.
FISCAL IMPACT: Sufficient funds in the amount of $189,264 are budgeted in the 1997-98
proposed budget to pay for these services for the first year. These funds will cover the contract
cost of $173,766.85, plus the costs for special sweeping, and the sweeping costs of any new
streets added during the year. The Gas Tax Fund will reimburse all street sweeping costs, with
the exception of parking lots and special sweeping after special events. The contract cost may
be increased by up to 6% in the second and third years, depending on the CPI increase. The
cost may also increase if dump fees increase in cost beyond the CPI increase or 6 % . Years 4
and 5 are option years, and the contract cost increase will be subject to negotiation.
/ ;L -1(
RESOLUTION NO. /?5?/3
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING THE
CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES
TO R. F. DICKSON COMPANY, INC. FOR THE PERIOD
OF JULY 1, 1997 THROUGH JUNE 30, 2000 AND
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, on September 22, 1992, the City Council approved
a contract with R. F. Dickson, Inc. to provide citywide street
sweeping services; and
WHEREAS, said agreement provided for three years (January
1, 1993 through December 31, 1995) of street sweeping, with the
option of extending the agreement for up to two additional years;
and
WHEREAS, the City Council subsequently approved contract
extensions through June 30, 1996, and through June 30, 1997,
respectively; and
WHEREAS, the city advertised for bids for a new three
year contract, with 2 one-year renewable option years; and
WHEREAS, the following bids were received:
BIDDER AMOUNT PER YEAR
R. F. Dickson Company, Inc. $167,948.67
Downey, Ca.
Cannon Pacific Services $176,224.46
Encinitas, Ca.
Day & Night Power Sweeping $180,868.03
San Diego, Ca.
California Street Maintenance $218,766.27
Gardena, Ca.
WHEREAS, staff has been satisfied with the service
provided by Dickson to date and therefore recommends the contract
be awarded to the low bidder, R. F. Dickson Company, Inc.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept bids and award the contract
for citywide street sweeping services to R. F. Dickson Company,
1
/;2~
Inc. in the form presented, a copy of which shall be kept on file
in the office of the city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract on behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
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Attachment B
CITY OF CHULA VISTA LIST OF PARKING LOTS TO BE SWEPT
Class G Parking lots to be swept once per month:
Eucalyptus Park (upper and lower lots) 69,710 sq. ft.
- Rohr Park (3 separate lots) 205,404 sq. ft.
- Landis and Davidson, north side 25,520 sq. ft.
- Landis and Davidson, south side 24,132 sq. ft.
- Memorial Park/Parkway Gym 20,913 sq. ft.
- Nonnan Park Center 13,200 sq. ft.
- Lauderbach Park/Center 19,350 sq. ft.
- Greg Rogers Park 22,914 sq. ft.
- Rienstra Park/Max Field 85,083 sq. ft.
- Lorna Verde Park 88,468 sq. ft.
- SDG&E Park on Hilltop at Rienstra 11,329 sq. ft.
- Hilltop Park at Telegraph Cyn. 10,877 sq. ft.
- Bayfront Park 15,000 sq. ft.
- Civic Center Library 59,864 sq. ft.
- Discovery Park 64,670 sq. ft.
- Chula Vista Community Park 15,370 sq. ft.
- Terra Nova Park 15,370 sq. ft.
- South Chula Vista Library 82,780 sq. ft.
Civic Center area
- Memorial Way - Area B 16,640 sq. ft.
- Public Services - Area D 16,480 sq. ft.
- Fire Station No.1 - Area E 83,920 sq. ft.
- Fire Station No.1 - Area F 18,560 sq. ft.
- Legislative Offices - Area G 10,560 sq. ft.
TOTAL 996,114 sq. ft.
-------------------------------------------------------------------------------------------------------------------
Parking lots to be swept on an as-needed basis, under special sweeping services, not included
in parking lot Class G.
- Public Services - Area A 10,080 sq. ft.
- Police Dept. - Area C 10,080 sq. ft.
- Police Dept. - Area H 23.360 SQ. ft.
TOTAL 43,520 sq. ft.
/~-y
06/18/97 WED 15: 49 FAX 619 691 7986 CHULA VISTA PUBLIC WORKS 141 002
RFDICKSON M5C I-'AtOo. 1<J:.i
05/17/1997 11: 50 3106695943 . -- '.~,~n ,.~.'" nÞ~ll. ItU"";> !ilJOO;¡
~ - -,
TIŒ crJY O¡- CBlJtA VISTA DISCLOStJU: STATItMl1NT
You an roqWr.d Ie roc . StaœmoU[ of I:IiIclOIlù. of =..,.¡¡¡ _rohip '" "-"ial iDI........ p~Ytl[t:aII. or campo'...
c_ibwi~QO. .. 011 .......... \ll1oIcb wdU roquir. dioq..ioDuy Odio" on ,~. part of die City COIOI:I<il, P1~,
cç~.. ...d.u 0- al'!il:lal ""'Ii... 1be foUcw;.,g mt'onlla""" ["'". he <I;""'",,.d:
1. /.ÎJt ¡he - of ~1 JI8.-1I8'IÍ!Ig . li"aIIciaIlDIere$\ illlIIc P"'PCf\Y which is die !1 bjoo::! of tbe applic.v.,¡gß
~ltb Co"",~ 0.1:., """'Of. .ppliolR(. Contractor, '~olUn.lo~. lllalcrÍal",pplicl.
STEVEN L. DICKSON CONTRAc:TOR/PRES I D!:NT
SCO'1T B. DICKSON C:O~R/VICE-PØSIDENT
~. [fOll1Y paoœ" idclllifícd.ptrts.wu '" (1) .bav. is. OOrpcIaùc: af lQVlllrsilip. H.,me n;¡þ;:' af all ;"'¡;"i<1uills
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STE'oImL, DICIœON P~IDENT
scarr B. DICKSON VICE-PRES!DEN'1'
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C"""""1"",...be YOtJ h.,... ...¡ped [10 re~r..... you bofg.. ~ City in tIW ",.nor,
S'l'EVBN:t.. DICXSON PRESIDENT
DAVE COHEN, AT1'Ol!NEY COH:EN Ii. GOLDFRIED
SAN D:n;:GO sHEœPING STEVEN REID/SUB CONTRACTOR
S. Hove ~oll. MIdi"'" your- arr¡ool* Or ~'. 111 !ho 0'1:"'('1", oonb:ibutm IIIIIC. thon i1.QOC 10 . COUll<Ü
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, Sigøa",... <>f Co-..""" """lielm!
S?:iVEN L. DICKSON. PRE!':TT>IWT'
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U'__,7 11
;;2-9
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
R. F. DICKSON COMPANY, INC.
FORSTIŒETSWEE~NGSER~C~
THIS AGREEMENT ("Agreement"), made and entered into this 1st day of July, 1997,
by and between the City of Chula Vista, California, a Municipal Corporation, hereinafter
designated as "City," and R. F. Dickson Company, Inc., a California Corporation, hereinafter
referred to as "Contractor".
WITNESSETH
WHEREAS, the City has solicited bids for street sweeping within and on the streets
of the City of Chula Vista and on various City parking lots, as contained in "Bid #12-96/97
Street Sweeping Services for the City of Chula Vista" ("Bid"), available in the City
Purchasing Office; and,
WHEREAS, the Contractor has submitted to the City a bid to sweep the public streets
and various City parking lots within the City limits, per the requirements of the Bid, and has
thus made certain representations regarding length of time in business, fmancial strength,
credit standing, cities served, and equipment provided, per its bid proposal, available in the
City Purchasing Office; and,
WHEREAS, the Contractor further warrants and represents that it is experienced and
staffed in a manner such that it can prepare and deliver the services required of Contractor to
City, all in accordance with the terms and conditions of this Agreement; and,
WHEREAS, the City awqarded the Bid to Contractor pursuant to the terms of this
Agreement in reliance on such representations and warranties.
NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby
mutually agree as follows:
1. Contractor's Duties
A. General Duties
Contractor shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 1
1;þ~.2- -/ C'
B. Scope of Work and Schedule
In the process of perfonning and delivering said "General Duties", Contractor shall
also perfonn all of the services described in Exhibit A, Paragraph 8, entitled " ~~ope of
Work and Schedule", not inconsistent with the General Duties, according to, and within the
tenn set forth in Exhibit A, Paragraph 20, entitled "Tenn of Agreement". The General
Duties and the work required in the Scope of Work and Schedule shall be herein referred to
as the "Dermed Services".
C. Adjustments in Scope of Work
At the City's sole discretion, streets and/or parking lots constructed or added after the
effective date of this Agreement will be added to the "Scope of Work and Schedule",
Paragraph 8, in Exhibit A at the applicable unit price compensation rate listed in Exhibit A,
Paragraph 11, entitled "Compensation."
City may make adjustments in the mileage of streets to be swept, based on revised
measurements of said streets, which may reduce or increase the total mileage, and therefore
the total compensation. However, there will be no adjustment in the applicable unit price
compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation."
City may independently limit or suspend for a period of time detennined by the City
all or any portion of the Defined Services to be perfonned by the Contractor under this
Agreement, upon a 60 day written notice to the Contractor issued at the City's sole
discretion. There will be no adjustment in the applicable unit price compensation rate listed
in Exhibit A, Paragraph 11, entitled "Compensation."
D. Additional Services
In addition to perfonning the Dermed Services herein set forth, City may require
Contractor to perfonn other special street sweeping services related to the Dermed Services
("Additional Services"), if they are within the scope of services offered by Contractor.
Contractor shall perfonn same at the rates set forth in Exhibit A, Paragraph II, Item H,
entitled "Compensation." All compensation for Additional Services shall be paid monthly as
billed.
E. Standard of Care
Contractor, in perfonning any Services under this agreement, whether Dermed
Services or Additional Services, shall perfonn 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.
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 2
/;2.~/ /
F. Insurance
Contractor 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 Q§k of loss by
the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class
V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, which names City and
Contractor as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and
Contractor 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
Contractor 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 Contractor's Commercial General Liability
Insurance Policy, Contractor shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Performance Bond
In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Contractor shall
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 3
j;¿-j:Z
provide to the City a perfonnance bond by a surety and in a fonD and amount as indicated in
the space adjacent to the tenD, "Perfonnance Bond", in said Paragraph 19, Exhibit A. Said
bond is necessary in the event of non-perfonnance or as a result of tennination, as derIDed
herein, to cover the period between tennination and execution of a new agreemCèl!t, and any
difference in compensation per this Agreement and a new agreement.
I. Business License
Contractor 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 with the Contractor for the purpose of reviewing the
progress of the Defmed Services therein contained, and to provide direction and guidance to
achieve the objectives of this Agreement. In addition thereto, City agrees to provide the
infonnation set forth in Exhibit A, Paragraph 10, and with the further understanding that
delay in the original provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of
this Agreement.
B. Compensation
Upon receipt of a properly prepared billing from Contractor submitted to the City
monthly as indicated in Exhibit A, Paragraph 18, on the day of the period indicated in
Exhibit A, Paragraph 18, City shall compensate Contractor for all services rendered by
Contractor according to the tenDS and conditions set forth in Exhibit A, Paragraph 11.
All billings submitted by Contractor shall contain sufficient infonnation as to the
propriety of the billing to pennit the City to evaluate that the amount due and payable
thereunder is proper, as indicated in Exhibit A, Paragraph 11 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 Agreement
Each party designates the individuals ("Contract Administrators") indicated on Exhibit
A, Paragraph 13, as said party's Agreement administrator who is authorized by said party to
represent it in the routine administration of this Agreement.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 4
1;2-)3
4. Term
The term of this Agreement shall be as set forth in Exhibit A, Paragraph 20, entitled
"Term of Agreement." h
5. Liquidated Damages
Liquidated Damages provisions are not applicable.
6. Financial Interests of Contractor
Contractor is not designated as FPPC Filer.
A. Decline to Participate
Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not
make or participate in making or in any way attempt to use Contractor's position to influence
a governmental decision in which Contractor knows or has reason to know Contractor has a
financial interest other than the compensation promised by this Agreement.
B. Search to Determine Economic Interests
Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants
and represents that Contractor has diligently conducted a search and inventory of
Contractor's economic interests, as the term is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Contractor does not, to the best
of Contractor's knowledge, have an economic interest which would conflict with Contractor's
duties under this Agreement.
C. Promise Not to Acquire Conflicting Interests
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further
warrants and represents that Contractor 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.
D. Duty to Advise of Conflicting Interests
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further
warrants and represents that Contractor will immediately advise the City Attorney of City if
Contractor learns of an economic interest of Contractor's which may result in a conflict of
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 5
J02~Jr
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
E. Specific Warranties Against Economic Interests
Contractor warrants and represents that neither Contractor, nor Contractor's
immediate family members, nor Contractor's employees or agents ("Contractor Associates")
presently have any interest, directly or indirectly, whatsoever in any property which may be
the subject matter of the DefIDed Services, or in any property within 2 radial miles from the
exterior boundaries of any property which may be the subject matter of the DefIDed Services,
("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15.
Contractor further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Contractor or
Contractor Associates in connection with Contractor's performance of this Agreement.
Contractor promises to advise City of any such promise that may be made during the Tenn
of this Agreement, or for 12 months thereafter.
Contractor agrees that Contractor Associates shall not acquire any such Prohibited
Interest within the Tenn of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written pennission of City.
Contractor may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Contractor's responsibilities under this
Agreement, except with the written permission of City .
7. Hold Hannless
Contractor shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Contractor, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees.
Contractor's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incUÌTed by the City, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, Contractor at its own
expense shall, upon written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Contractor's indemnification of City
shall not be limited by any prior or subsequent declaration by the Contractor.
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 6
/ /) -/.;5
8. Tennination of Agreement for Cause
If, through any cause, Contractor shall fail to fulfill in a timely and proper manner
Contractor's obligations under this Agreement, or if Contractor shall violate anY.9f the
covenants, agreements or stipulations of this Agreement, City shall have the right to
tenninate this Agreement by giving written notice to Contractor of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. Contractor shall be entitled to receive just and equitable compensation for any
work satisfactorily completed up to the effective date of Notice of Tennination, not to exceed
the amounts payable hereunder, and less any damages caused City by Contractor's breach.
Unless within 10 days after serving of such notice, a satisfactory arrangement is made for
continuance, the Contractor shall be deemed in default and the Agreement shall be
automatically terminated.
9. Errors and Omissions
In the event that the City Administrator detennines that the Contractors' negligence,
errors, or omissions in the perfonnance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Contractor 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 tenninate this Agreement at any time and for any reason, by giving specific
written notice to Contractor of such termination and specifying the effective date thereof, at
least sixty (60) days before the effective date of such tennination. If the Agreement is
terminated by City as provided in this paragraph, Contractor shall be entitled to receive just
and equitable compensation for any satisfactory work completed to the effective date of such
termination. Contractor 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 Contractor are personal to the City, and Contractor 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 Defmed Services identified in Exhibit A, Paragraph 17 to
the subconsultants identified as "Pennitted Subconsultants".
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 7
/;2 ---j ¡;;
12. Ownership, Publication, Reproduction and Use of Material
Not applicable.
13. Independent Contractor
City is interested only in the results obtained and Contractor shall perfonn 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 Contractor's
work products. Contractor and any of the Contractor'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
Contractor 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, Contractor shall meet and confer in good faith with City for
the purpose of resolving any dispute over the tenns 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 recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
16. Statement of Costs
Not applicable.
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 8
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17. Miscellaneous
A. Contractor not authorized to Represent City
h
Unless specifically authorized in writing by City, Contractor shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Contractor is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or its principals
is/are licensed with the State of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Contractor represents that neither Contractor, nor its principals
are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or pennitted 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.
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
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 9
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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.
h
[end of page. next page is signature page.]
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 10
/~-/7
Signature Page
to
Agreement between City of Chula Vista and R. F. Dickson Company, Inc.
for Street Sweeping Services h
IN WITNESS WHEREOF, City and Contractor have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its tenns:
Dated: ,19- City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to fonn:
John M. Kaheny, City Attorney
Dated: R. F. Dickson Company, Inc., a
California Corporation
By:
Steve Dickson, President
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 11
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Exhibit List of Agreement
(x) Exhibit A: Exhibit A to Agreement between City and Contractor
(x) Exhibit B: City of Chula Vista Schedule of Sweeping
(x) Exhibit C: City of Chula Vista List of Parking Lots to be Swept
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 12
/;2-.2/
Exhibit A
to
Agreement between
City of Chula Vista h
and
R. F. Dickson Company, Inc.
1. Effective Date of Agreement: July 1, 1997
2. City-Related Entity:
(x) City of Chula Vista, a municipal chartered corporation of the State of
California
("City")
3. Place of Business for City:
City of Chula Vista
Public Works Departtnent - Operations Division
707 "F" Street
Chula Vista, CA 91910
4. Contractor:
R. F. Dickson Company, Inc.
Attention: Steve Dickson, President
5. Business Form of Contractor:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Nwnber of Contractor:
12524 Clark Avenue
Downey, California 90242
Voice Phone (800) 573-3222
Voice Phone (310) 923-5441
Fax Phone (310) 869-5943
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 13
/ :J-/ c2 :J---
7. General Duties:
Contractor shall provide sweeping of City streets, center islands/medians, center -Jines
and parking lots in accordance with the conditions stated herein, and in accord~ce with the
schedules listed in Exhibits B, and C included herein.
8. Scope of Work and Schedule:
The Scope of Work and Schedule contained herein is designed to establish an
effective, efficient and safe system of street cleaning and parking lot cleaning that provides
for the following intended purposes:
Establish and maintain a continuous level of cleanliness of City streets in order to
assure protection of the health, safety and welfare of the community.
Clean City streets in a coordinated manner, by a routing system that will improve
current street cleaning practices while decreasing costs.
A. Detailed Scope of Work:
The Contractor shall clean all curbs, gutters, median curbs and painted islands,
centerlines, road shoulders, turning lanes, alleys and parking lots located in the City as
designated in this Agreement. At all intersections, the Contractor shall sweep the curb return
areas. Parking is not restricted for street sweeping purposes. The Contractor shall sweep
around any vehicle on City streets.
The streets and parking lots to be cleaned, and the frequency of cleaning are listed in
Exhibits B and C. The lengths represent the City's best measurement. Payment will be
based on the quantities indicated with no adjustments except as provided herein. Contractor
is responsible for verifying and inspecting all conditions prior to starting work. The streets
and parking lots to be cleaned are divided into the following categories:
(1) Class A: Streets swept once per month.
(2) Class B: Streets swept once every week.
(3) Class C: Streets swept twice per week.
(4) Class D: Center islands and medians swept once per month.
(5) Class E: Center lines swept once per month.
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 14
J;2~;23
(6) Class F: Non-curbed streets swept once per month.
(7) Class G: Parking lots swept once per month.
(8) Class H: Other special sweeping requested by the City.
B. Type of Equipment:
The type of street sweeping equipment used by the Contractor shall be consistent with
the current standards in the industry and shall be subject to the approval of the Director of
Public Works ("Director"). Vehicles and equipment used to perfonn the services provided
for herein, shall be modem, clean, and maintained in good mechanical condition at all times.
In addition, the following shall apply:
(1) Contractor shall use standard heavy duty broom-type equipment which
will clean the streets of the City of paper, wet leaves, dirt, rocks and debris. Air or vacuum
type sweepers shall not be pennitted except that small air or vacuum sweepers may be
pennitted, if approved by the City, in cleaning the parking lots only. The broom or brush
shall be applied with sufficient pressure to pick up said material in one pass.
(2) The City requires use of at least two (2) street sweepers with one backup
sweeper, unless Contractor demonstrates to City's satisfaction that some lesser equipment
standard would adequately provide the services required by this Agreement. Equipment shall
not be more than six (6) years old at any time unless certification is presented by the
Contractor and approved by the Director, that equipment has been completely overhauled
and/or rebuilt to the City's satisfaction.
(3) All equipment shall be equipped in accordance with existing State law,
equipped with safety lighting and markings appropriate for slow-moving vehicles, and shall
be equipped with a flashing light with the following characteristics:
(a) Visible for a minimum of one mile.
(b) Flash 60 to 90 times per minute.
(c) Mounted for 360 degree visibility.
(d) Equipped with amber lens.
(4) Equipment shall be kept clean at all times. Mechanical brushes and
brooms shall be maintained in proper condition and shall be replaced as
recommended by the manufacturer or when pick-up ability becomes impaired.
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 15
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All street sweepers shall be equipped with adequate water systems for dust
control.
(5) All broom street sweepers shall be equipped with a 12-hour tachograph
that indicates travel time, speed, mileage and broom-down sweeping time through an
indication of broom-down time. In addition, Contractor shall indicate starting and ending
streets on tachographs and/or route numbers.
(6) Sweeper speeds shall not exceed eight (8) MPH when sweeping.
(7) Contractor shall provide any adequate support equipment including debris
transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment
necessary to provide sweeping services as described in these specifications.
(8) All equipment (including support equipment) to be used by the Contractor
shall be subject to the inspection and final approval of the City. Such approval may require
on-site demonstration of the capability of any proposed equipment.
(9) The City shall have the option to perfonn a complete inspection of all
vehicles at any time throughout the tenn of the Agreement. Should any vehicle, when
inspected, and in the detennination of the City, not meet standards that the City feels are
necessary to complete the Contract or to operate safely, the Contractor shall, at its cost,
immediately bring such vehicle to standard before being placed back in service; however,
during this repair time period, Contractor shall remain obligated to provide full service under
this Agreement at no additional cost.
(10) The City reserves the right over the life of this Agreement to reject any
equipment for use for sweeping City streets. The Contractor shall furnish at no additional
cost equipment satisfactory to the City.
(11) Nothing herein shall preclude the Contractor from substituting other
equal equipment due to maintenance or other factors upon prior notice to the City. At any
time during the life of this Agreement, all equipment shall be available for inspection by the
City upon 24-hour notification to the Contractor.
(12) Equipment must have sufficient mufflers and other silencing devices to
pennit its operation within City noise standards. All equipment shall be subject to City
approval prior to use.
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June 12, 1997 Page 16
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C. Other Requirements:
(1) The Contractor shall at no additional cost to the City place signs approved
by the City on the street sweeping equipment used in the performance of the WQ[k, which
signs shall be visible from both sides of the vehicle and shall read "Under Contract to the
City of ChuIa Vista."
(2) The Contractor shall maintain an office within San Diego County, or
provide an 800 telephone nwnber, staffed by a responsible representative for receipt of
requests from 8:00 a.m. to 5:00 p.m., Monday through Friday, not including approved
holidays. The Contractor shall provide a list of names and phone nwnbers of supervisory
personnel who can be contacted on a 24-hour basis to respond to emergency needs. This list
shall be kept current by the Contractor for the life of the Agreement.
(3) The Contractor shall maintain, at its own expense, an adequate
maintenance and storage facility, located in San Diego County, to maintain and store the
Contractor's equipment inventory. Contractor shall provide docwnentation for maintenance
work that is contracted by providing the name and address of the contracted maintenance
facility, the type of work contracted and the length of the contract.
(4) The Contractor shall provide the name of a contact person and phone
nwnber for use by the Superintendent or Designee in case of routine questions relating to the
Agreement, sweeping days and times, new street additions and resolution of citizen
complaints.
D. Standards of Performance:
(1) Street sweeping shall be performed in accordance with accepted standards
for municipal street cleaning. When necessary for proper cleaning, Contractor shall make
more than one pass on a street, without extra charge. Standards of performance shall include
sweeping all intersection curb returns and all cross gutters. If additional passes through an
intersection is required in order to adequately sweep both a return and a cross gutter, the
Contractor shall make the necessary passes without extra charge. On streets with uncurbed
median islands created by pavement striping, the median areas shall be swept their entire
width.
(2) The Contractor shall maintain lists of locations that cannot be adequately
swept because of obstructions such as low hanging limbs or vehicles that are parked on the
City streets for extended periods of time. These locations shall be turned into the Public
Works Department ("Department") as soon as possible. Deductions may be made from
Contractor's payments for areas not swept due to obstructions that were not reported to the
Department.
(3) The Contractor shall promptly, and as soon as practicably possible, repair
or replace all existing improvements which are damaged as a result of its operation.
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /.2--o2? Page 17
Improvements, such as, but not limited to, curbs, gutters, driveways, or signs, shall be
repaired and replaced to a condition equal to or better than the original condition, and no
additional compensation shall be made by City.
(4) The Contractor is expected to clean the entire area of the City parking lots
and shall use air blowers or other methods in all parking lots to move debris to a location
where it can be swept up.
(5) The Contractor shall dispose of all refuse collected by hauling the same to
legally established disposal areas at Contractor's expense. Transfer points for storage of
sweepings must be approved by the City, and in no case be stored in the City in excess of
five working days. Disposal areas shall be approved in advance by the City. The City
currently allows dumpsters, provided by the current contractor at his/her sole expense, to be
placed at the City-owned site at H Street and I-80S, and will consider continuing this practice
at this location or at another City-owned site.
(6) The Contractor shall provide security to such transfer points to prevent the
spread of the refuse by others or by nature, or the addition of debris to the sweeping refuse
by others. Transfer points shall be kept clean at all times. The Department reserves the
right to inspect the transfer points, and if the Department determines the transfer points are
not being maintained properly, it will notify the Contractor to clean up the area. Said clean
up will be completed within 24 hours of notification.
(7) The cost for disposal of sweeping refuse, including any and all landfill
fees, is included in the various unit price compensation rates, as designated herein, and no
additional compensation will be paid therefor, except as stated in Exhibit A, Paragraph 11,
entitled "Compensation". Receipts of disposal at the established disposal site shall be
prepared by the Contractor and submitted monthly to the Department.
(8) The Contractor shall make all necessary arrangement to obtain and pay for
water necessary for the operation from the appropriate water district or authority. The
Contractor shall maintain an accounting of the amount of water used each day and have this
infonnation available upon request. No additional compensation will be paid.
E. Sweeping Schedule:
Upon execution of the Agreement, the Contractor shall submit a sweeping schedule
("Schedule") to the Director. The Schedule shall identify the streets or neighborhoods and
parking lots to be swept each week. The Schedule shall provide for the sweeping of streets
and intersections and parking lots as shown on Exhibit B and C. The required Schedule must
provide the following infonnation:
(1) Contractor shall provide a list of proposed cleaning routes for a complete
cycle of cleaning, with identification of all streets to be cleaned on each route in sequence
("Routing Lists"). Routes shall show direction of travel and include head-in locations and
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /;2~~? Page 18
routes shall indicate start/end locations for each day's work. Maps of all routes shall
accompany the Routing Lists.
(2) The mileage for each street on each route must be identified Jlli Ril!ht
Hand or Left Hand sweeping mileage. Each Route List must reference the segment of streets
to be swept. The total mileage for all proposed routes must equal the mileages contained in
Exhibit B, or as modified by the City as stated herein.
(3) The Contractor shall schedule the hours of operation as approved by the
Director so as to sweep the streets when a minimum number of vehicles are expected to be
parked at the curb. The Contractor shall also make every effort to schedule the sweeping on
days following regular trash collections, but in no event any closer than two days prior to
trash pickup.
(4) The hours during which the sweeping shall be performed shall be at the
discretion of the Contractor, with the approval of the Director. The Contractor may be
required to do early morning sweeping, such as on certain major streets and parking lots.
No sweeping in residential areas shall be started prior to 7:00 a.m., or later than 4:00 p.m.
(5) The City has several areas where on-street parking of adjacent residents
prevents adequate sweeping. City may, in future, provide legislation to prohibit parking at
certain times or on alternate weeks for each side of the street. City reserves the right to
require Contractor to revise the Schedule accordingly to provide an adequate level of
sweeping. No additional charge or payment shall be made therefor.
(6) All municipal and park parking lots shall be swept on a weekday, between
the hours of 4:30 a.m. and 7:00 a.m., unless other times are agreed upon by both parties.
The entire surface area of each lot shall be swept. The Contractor shall submit for approval
a schedule indicating the days and times that these lots will be swept.
F. Holidays and Inclement Weather:
(1) When inclement weather, in the opinion of the Director, prevent
adherence to the Schedule for two or less days in a given week, the sweeping areas so
affected by the inclement weather shall be swept within the following one week period from
the date of the scheduled sweeping, without interruption of the regular sweeping schedule.
The Contractor shall perform all extra work required by such inclement weather without
additonal charge.
(2) As to holidays, when any holiday or observance as specified in the
Government Code of the State of California occurs on a regularly scheduled sweeping day,
the affected scheduled streets shall be swept within two days from the regularly scheduled
sweeping day without interruption in the regular sweeping schedule. The Contractor shall
perform make-up sweeping for holidays at no additional cost to the City.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 j;¿-2r Page 19
(3) In the event the Contractor is prevented from completing the sweeping as
provided in the schedule because of reasons other than inclement weather, the Contractor
shall be required to complete the sweeping services so deferred prior to the next regularly
scheduled date at no additional cost to the City, or give the City credit for the work not so
performed at the unit price compensation rates specified herein, if agreed to by the City.
G. Interpretation of Specifications:
Should any discrepancy appear, or any misunderstandings arise as to the meaning or
interpretation of anything contained in these specifications, the matter shall be decided by the
Director and the interpretation of the Director shall be binding upon the Contractor.
H. Verification of Work:
(1) It shall be the responsibility of the Contractor to guarantee the execution
of the Agreement in accordance with its terms and specifications. In addition to any and all
other remedies provided hereunder, or at law or equity, Contractor's failure to perform any
work required hereunder shall entitle the City to withhold payment with respect to such
work. The Public Works Maintenance Superintendent ("Superintendent") or his/her designee
("Designee") shall have the right to inspect and monitor the work performed under the
Agreement.
(2) As required in this Agreement, the Contractor shall submit the Schedule
and Route Lists for all scheduled cleaning upon award. These Route Lists will be reviewed
for accuracy and efficiency by the Superintendent and the Designee. The Contractor shall
meet with the Superintendent and the Designee to make any necessary changes to the Route
Lists or Schedule. Any subsequent changes or revisions to the Schedule or Route Lists
throughout the Term must have the prior written approval of the Superintendent or Designee.
The Schedule shall become the basis for:
(a) the Contractor's Routing Lists,
(b) the City's inspection of sweeping,
(c) the invoicing of Route Lists completed, and
(d) payment by the City for services rendered.
(3) The Contractor shall prepare a montlùy Schedule showing the Route List
and submit two copies to the City. In the event the Schedule is changed, the Contractor shall
submit a revised Schedule to the City at least five (5) working days prior to the change. In
the event a Route List is changed, the Contractor shall submit a revised Route List and map
of the proposed route. Such Route Lists and maps shall be submitted for both Contractor
stswp97 . wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /;<-29 Page 20
and City initiated route changes, including additions caused by acceptance of new streets into
the City's maintained mileage, at least five (5) working days prior to sweeping.
(4) The Operations Division of the Department shall have the right to monitor
the Contractor's work performance. All streets cleaned by the Contractor must present an
appearance which is completely satisfactory to the Superintendent, and within the cleanliness
guidelines of the Department. The City shall maintain a log of inspections and will verify
completion of the contractor's work with the Contractor at a minimum of once per month.
Any deficiency in the Contractor's performance shall be reported to the Contractor within 24
hours following completion of work, and such deficiencies shall be corrected by the
Contractor no later than 24 hours following receipt of such notice.
(5) In the event a street rehabilitation or improvement project is under
construction or will be under construction where cleaning is scheduled, that portion of a
cleaning cycle will be deleted from the appropriate Route List at the direction of the
Superintendent. The section(s) of streets deleted may be re-entered at the fIrst scheduled
cycle following completion of the rehabilitation. Such deletions shall be reflected in the
Contractor's request for payments. Prior to re-entering any such street into the cycle, a field
inspection shall be made by the Department and the Contractor to determine what cleaning
will be required by others. In no event will the Contractor be allowed additional
compensation by the Department for initial cleaning of a re-entered street following
rehabilitation or construction.
(6) In addition to the procedure for verification of work performed as
described herein, the Contractor shall lend whatever necessary assistance the Department
may request with respect to verification of work performed.
I. Additional Services:
The City may from time to time require special sweeping on a call-back basis, such
as for accidental spills, sweeping after special events or miscellaneous needs. The per hour
rate for these Additional Services is designated in Exhibit A, Paragraph 11, entitled
"Compensation." The amount charged for this call-back work shall be at the rates specified
in Paragraph ILA.8. of this Exhibit A.
J. Accidents:
Any and all accidents, regardless of how minor, involving another person, private
property, or vehicle shall be reported immediately to the City Police Department and a Police
report requested. The Superintendent shall also be contacted immediately.
K. Date for Commencement of Contractor Services:
(X) Same as Effective Date of Agreement
stswp97. wp /;2.-Jt/ Agreement for 1997-2000 Street Sweeping
June 12, 1997 Page 21
L. Dates or Time Limits for Delivery of Deliverables:
Not Applicable.
M. Date for completion of all Contractor services:
June 30, 2000, unless extended per Paragraph 20, entitled "Tenn of
Agreement"
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $500,000.
(x) Commercial General Liability Insurance: $1,000,000.
(x) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
() Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Contractor:
List of streets and parking lots to be swept
11. Compensation:
A. Payment for sweeping shall be made on a monthly basis for curb miles, pass
miles, or square footage, as appropriate, which Contractor adequately demonstrates to the
City was actually cleaned, pursuant to the standards set forth herein, at the following rates;
provided, however, in no event shall Contractor be entitled to compensation in excess of the
sum of (a) compensation corresponding to the sweeping of 1,043.37 curb or pass miles, and
996,114 square feet of parking lots per month, which numbers constitute the per month curb
mile, pass mile or square footage scheduled by City under the tenus of this Agreement; plus
(b) compensation corresponding to additional services. Such numbers shall be further subject
to adjustment by the addition or subtraction of streets or parking lots or other deductions or
offsets expressly provided herein.
(1) Class A Streets swept once per month, at the rate of $13.19 per curb mile
(2) Class B Streets swept once every week, at the rate of $12.24 per curb
mile
(3) Class C Streets swept twice per week, at the rate of $12.04 per curb mile
(4) Class D Center islands and medians swept once per month, at the rate of
$13.20 per curb mile
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /;2.-;1/ Page 22
(5) Class E Center lines swept once per month, at the rate of $13.20 per pass
mile
(6) Class F Non-curbed streets swept once per month, at the rate_of $13.42
per curb mile
(7) Class G Parking lots swept once per month, at the rate of $.07 per 100
square feet.
(8) Class H Other special sweeping requested by the City at the following
rates:
Streets: Hourly rate of $70 per hour
Parking Lots: Area rate of $.095 per 100 square foot
Travel Time: Hourly rate of $70 per hour not to exceed 1/3 of an hour
each way
Based on the mileages and square footages of the streets and parking lots, as shown in
Exhibits B and C, the first year compensation is estimated to be $173,766.85 not including
any Additional Services or additions of new streets and parking lots.
B. Request for partial payment must be made in duplicate to the Deputy Director of
the Department/Operations Division and include the following:
(1) Claim for payment in a fonnat approved by City.
(2) Cover invoice showing curb or pass miles swept or parking lot square
footages swept and an extension in dollars at unit price compensation rate.
(3) Copy of Route Lists for the invoiced period, showing the date each street
was cleaned, the total mileage for the period and the initials and signature of
the Contractor's representative.
(4) The original tachograph for each sweeper for each day showing speed,
mileage, travel times and broom-down sweeping times labeled to indicate the
route or routes swept and initialed by the Contractor's representative. In the
case of parking lots, the tachograph should be labeled by the equipment
operator with the lot being swept.
(5) A montlùy statement with the dates and the times for each parking lot
swept. A month prior, the Contractor shall provide a letter to the
Superintendent indicating the anticipated dates and times the parking lots will
be swept.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /02 -J~ Page 23
C. Payment shall be made on the basis of blanket curb or pass miles, or square
footage swept at the appropriate unit price compensation rate except that deductions shall be
made for streets or areas not swept. Such deductions shall be made on the basis of curb" or
pass miles or square footage not swept at the appropriate unit price compensation rate:
Deductions may also be made for streets or areas not properly swept according to the
standards indicated herein.
D. Prices bid shall be fInTI for the fIrst contract year (7/1/97 - 6/30/98).
Adjustments during the second and third year shall be based upon the All Urban
Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index,
as published by the Bureau of Labor Statistics, between January 1 and December 31 of the
prior year (CPI increase), up to a maximum of 6% per year. If the City elects to offer
Contractor an extension to the Agreement for years four and/or five, compensation payable
for those years will be negotiable and the City's decision on renewal would depend on the
outcome of those negotiations.
E. Adjustments may also be made for dump fees paid by the Contractor to dispose of
material collected from sweeping City streets and areas at the County of San Diego's atay
landfill site ("Dump Fee Adjustments"). Dump Fee Adjustments may be made once per year
oruy during the second and third year of this Agreement. Said Dump Fee Adjustments will
be considered in July of those years oruy if increases or decreases in dump fees at the landfill
used by the Contractor exceed the greater of either the CPI increase or 6% per year of prior
calendar year's dump fees. Any increase or decrease in solid waste dump fees that is placed
into effect during the second and third year of this Agreement may be eligible for Dump Fee
Adjustments oruy for that amount over a 6% increase or decrease in dump fees. The amount
of the adjustment in the unit price per curb mile and/or unit unit price per 100 square feet
shall be subject to negotiation between the Contractor and the City, but ultimately will be
subject to the City's approval in its sole discretion.
F. In order to obtain future Dump Fee Adjustments, the Contractor shall submit with
every monthly billing a copy of each dump ticket showing the date, amount and vehicle
identification, with a monthly summary showing the number of loads at each rate, the total
amount of material disposed of and the total cost. Dump Fee Adjustments will be limited to
amounts reasonably related to the prior calendar year's average or as justified by the Director
as related to an increase in service to the City. Dump Fee Adjustments will not be allowed
if the Contractor fails to submit the dump tickets monthly.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Contractor in the perfonnance of
services herein required, City shall pay Contractor at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /;2--;1';3 Page 24
13. Contract Administrators:
City: Bill Ullrich, Public Works Maintenance Superintendent, Department of Public
Works/Operations, 707 "F" Street, Chula Vista, CA 91910, (619) 585-5636
Contractor: Steve Dickson, R. F. Dickson Company, Inc., 12524 Clark Avenue
Downey, CA 90242, (800) 573-3222, (310) 923-5441
14. Liquidated Damages Rate:
( ) $- per day.
(x) Other: None
15. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of
Interest Code:
(x) Not Applicable. Not an FPPC Filer.
16. ( ) Contractor is Real Estate Broker and/or Salesman: Not applicable.
17. Permitted Subconsultants:
San Diego Sweeping Service
P.O. Box 873
Chula Vista, CA 91912
(619) 427-8300
For Sweeping Parking Lots Only
18. Bill Processing:
A. Contractor's Billing to be submitted for the following period of time:
(x) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Contractor's Billing:
( ) First of the Month
( ) 15th Day of each Month
(x) End of the Month
( ) Other:
C. City's Account Number: 100-1441-5203
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /.2-31 Page 25
19. Security for Perfonnance
(x) Performance Bond, 100% of the amount of the contract price
h
20. Tenn of Agreement
This Agreement shall be in effect beginning July 1, 1997 for a period of three years
with the option of the City Council, in its sole discretion, to extend the Agreement with one-
year options for up to two additional years, for a maximum contract tenn of five (5) years.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /;;.-yç Page 26
EXHIBIT B
CITY OF CHULA VISTA SCHEDULE OF SWEEPING
LINEAR FEET CURB MILES
SWEEP CLASS A
TOTAL RESIDENTIAL STREETS TO BE
SWEPT ONCE PER MONTH 2,567,640 486.30
-------------------------------------------------------------------------------------------------------------------
SWEEP CLASS B
TOTAL BUSINESS/COMMERCIAL STREETS
SWEPT ONCE PER WEEK 513,955 97.34
------------------------------------------------------------------------------------------------------------------
SWEEP CLASS C
TOTAL COMMERCIAL STREETS
SWEPT TWICE PER WEEK 55,229 10.46
-------------------------------------------------------------------------------------------------------------------
SWEEP CLASS D
TOTAL CENTER ISLANDS AND MEDIANS
SWEPT ONCE PER MONTH 198,950 37.68
-------------------------------------------------------------------------------------------------------------------
SWEEP CLASS E
TOTAL CENTER LINES
SWEPT ONCE PER MONTH 114,685 21.72
(pASS MILES)
-------------------------------------------------------------------------------------------------------------------
SWEEP CLASS F
TOTAL NON-CURBED STREETS TO BE
SWEPT ONCE PER MONTH 130,066 24.63
--------------------------------------------------------------------------------------------------------------------
Class H other special sweeping services requested by the City.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 )-2- 3cÞ Page 27
EXHIBIT C
CITY OF CHULA VISTA LIST OF PARKING LOTS TO BE SWEPT
Class G Parking lots to be swept once per month:
Eucalyptus Park (upper and lower lots) 69,710 sq. ft.
- Rohr Park (3 separate lots) 205,404 sq. ft.
- Landis and Davidson, north side 25,520 sq. ft.
- Landis and Davidson, south side 24,132 sq. ft.
- Memorial Park/Parkway Gym 20,913 sq. ft.
- Nonnan Park Center 13,200 sq. ft.
- Lauderbach Park/Center 19,350 sq. ft.
- Greg Rogers Park 22,914 sq. ft.
- Rienstra Park/Max Field 85,083 sq. ft.
- Lorna Verde Park 88,468 sq. ft.
- SDG&E Park on Hilltop at Rienstra 11,329 sq. ft.
- Hilltop Park at Telegraph Cyn. 10,877 sq. it.
- Bayfront Park 15,000 sq. ft.
- Civic Center Library 59,864 sq. ft.
- Discovery Park 64,670 sq. ft.
- Chula Vista Community Park 15,370 sq. ft.
- Terra Nova Park 15,370 sq. ft.
- South Chula Vista Library 82,780 sq. ft.
Civic Center area
- Memorial Way - Area B 16,640 sq. ft.
- Public Services - Area D 16,480 sq. ft.
- Fire Station No.1 - Area E 83,920 sq. ft.
- Fire Station No.1 - Area F 18,560 sq. ft.
- Legislative Offices - Area G 10,560 sq. ft.
TOTAL 996,114 sq. ft.
-------------------------------------------------------------------------------------------------------------------
Parking lots to be swept on an as-needed basis, under special sweeping services, not included
in parking lot Class G.
- Public Services - Area A 10,080 sq. ft.
- Police Dept. - Area C 10,080 sq. ft.
- Police Dept. - Area H 23.360 so. ft.
TOTAL 43,520 sq. it.
stswp97.wp Agreement for 1997-2000 Street Sweeping
June 12, 1997 /-2-3/ Page 28
Proposed Amendment to the Agreement between the City of Chula Vista and R. F. Dickson
Company, Inc. for Street Sweeping Services - Item 12
21. Amendment to Agreement
Contractor agrees to meet and confer with the City in order to detennine the availability
of waste disposal services from the City's franchised solid waste disposal operator, currently
Laidlaw Waste Systems/Allied Waste Industries ("Franchised Operator"). To the extent that
overall cost savings can be achieved, or the City detennines that the City's franchise with the
Franchised Operator requires that the Franchised Operator's waste disposal services be utilized,
City and Contractor agree to amend this Agreement to designate the Franchised Operator as the
Contractor's subcontractor for waste disposal purposes and make a proportionate reduction or
addition in the Compensation due the Contractor hereunder.
) J-/' 3 't
COUNCIL AGENDA STATEMENT
Item /:5
Meeting Date 6/24/97
ITEM TITLE: Resolution /&"? / tAccePting bids and awarding contract for "Root
Removal and Sidewalk Replacement at Various Locations (FY 1996-97
Program) in the City of Chula Vista, CA" and authorizing the transfer of
funds from the Construction Materials account to accomplish all Priority 1
and 2 sidewalk removals and the use of 1997-98 Gas Tax Project GTlO14-
Staff Time for CIP Preparation for reimbursement of staff costs.
SUBMITTED BY: Dire"" or Pob li, W 0"" ~
REVIEWED BY: City Manager JÄ ~ -'7 (4/5ths Vote: Ye,-NoX)
At 2:00 p.m. on May 28,1997, in Conference Room 1 in the Public Services Building, the Director
of Public Works received bids for "Root Removal and Sidewalk Replacement at Various Locations
(FY 1996-97 Program) in the City of Chu1a Vista, CA." The work consists of removal and
replacement of curbs, gutters, sidewalks, and driveways which have been displaced by tree roots on
various sidewalks within the City. The work also includes removal of the roots causing these
displacements under the sidewalks to be removed.
RECOMMENDATION: That Council:
1. Accept bids and award the contract to Doug Kost Konstruction in the amount of $39,339 for
"Root Removal and Sidewalk Replacement at Various Locations (FY 1996-97 Program) in
the City of Chula Vista, CA"; and
2. Authorize the transfer of funds in the amounts of $8,800 from the Construction Materials
account to accomplish all Priority 1 and 2 sidewalk removals and the use of up to $4,000
from the 1997-98 Gas Tax Project GTlO14-Staff Time for CIP Preparation for
reimbursement of staff costs.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/37
Page 2, Item-
Meeting Date 6/24/97
DISCUSSION:
Funds for this project are included in the FY 1996-97 Public Works Operations Street Division
budget. The project was included in the budget to remove and replace curbs, gutters, sidewalks, and
driveways which have been displaced due to tree roots on various City streets.
The specific work to be done at each location is shown in Exhibit A. Exhibit A shows the location
of the work (address) and approximate amount of sidewalk, curb, gutter, and driveway area to be
replaced. The locations listed were the basis of the quantities shown in the bid proposal.
Bids for this project were received from six contractors as follows:
Contractor Bid Amount
1. Doug Kost Konstruction - Poway $39,339.00
2. Scheidel Contraction & Engineering - La Mesa 43,510.00
3. 1. C. Paving & Sealing - San Marcos 49,590.00
4. Star Paving Inc. - San Diego 49,850.00
5. Cameron Excavation Company - San Diego 49,981.00
6. Rutledge Joint Venture - Jamul 68,050.40
The low bid by Doug Kost Konstruction is above the Engineer's estimate of$38,550.00 by $789 or
2%. Staff received excellent bids for the proposed work. The Engineer's estimate was based on
prices received for similar work several years ago.
The Contractor has recently completed projects for the County of San Diego and the City of San
Diego. These projects were of the same size and complexity as this project. We have contacted
these agencies, and their recommendations and comments about the Contractor have been excellent.
We have also verified the Contractor's license and other qualifications and determined that they are
in good order. The low bidder has satisfactorily met all the requirements, we therefore, recommend
awarding the contract to Doug Kost Konstruction, Poway.
/3~2-
Page 3, Item -
Meeting Date 6/24/97
The specific work to be done in the contract included all locations with a Priority I level. Due to
citizen complaints, the Public Works Operation Division has requested that the Priority 2 locations
also be included in the contract for removal and replacement. "Priority" I and 2 is probably a
misnomer. The difference between the two is that Priority I jobs require the City tree trimming crew
to remove the tree causing the sidewalk to lift and remove the stump while Priority 2 jobs only
require root pruning rather than tree removal. In both cases, it is still required to remove and replace
the sidewalk if there was enough damage caused by the roots. Including the Priority 2 jobs will
increase the amount ofthe contract $8,467.50, from $39,339 to $47,806.50.
The contract documents state in Section 2-13, Part 2 of the Special Provisions, "The City shall have
the option to increase or decrease the unit quantity of any items of work in the proposal by any
amount without a change in contract unit prices."
Staff costs are eligible to be reimbursed ITom the Gas Tax Fund. Funds are available in GTlOI4-
Staff Time for 1997-98 for staff time related to CIP preparation. Staff recommends use of this
account to reimburse for design and inspection services for this project.
In the Fiscal Year 1995-96 budget, $60,000 was allocated for sidewalk replacement. This amount
was subsequently reduced for FY 1996-97 to $40,000 as a budget cut.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit B).
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is a Class 2 exemption under Section 15302 of the California
Environmental Quality Act (Reconstruction of Existing Structures and Facilities)
Prevailin~ Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were not
required to pay prevailing wages to persons employed by them for the work under this contract. No
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 Notice to
Contractors to various minority trade publications.
/J-3
Page 4, Item -
Meeting Date ..fi!1Æ.J.1..
FISCAL IMP ACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $39,339.00
B. Additional Work, Priority 2 6,800.00
C. Staff Costs(Design & Inspection funded separately through 4,000.00
Gas Tax Fund)
D. Contingencies 2,540.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $52,679.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Contractual Services (100-1440-5203) $39,879.00
B. Construction Materials (100-1440-5369) 8,800.00
C. Gas Tax Project-Staff Time (250-2503-GTlOI4) 4,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $52,679.00
After construction, only routine City maintenance will be required. No funding for this project is
required from the General Fund. All funds originate from the Gas Tax Fund.
Exhibit A: Locations of Work
Exhibit B: Contractor Disclosure Statement NOT SCANNED
BVH:bvh
File No: 0735-10-JY-065 H, \H a MEIEN GINEER lAGEND A IS ill EREM. B VH
/s-i
RESOLUTION NO. /~;/~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "ROOT REMOVAL AND SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS (FISCAL YEAR
1996-97 PROGRAM)" IN THE CITY OF CHULA VISTA,
AND AUTHORIZING TRANSFER OF FUNDS FROM THE
CONSTRUCTION MATERIALS ACCOUNT TO ACCOMPLISH
ALL PRIORITY 1 AND 2 SIDEWALK REMOVALS AND THE
USE OF 1997/98 GAS TAX PROJECT GT1014-STAFF
TIME FOR CIP PREPARATION FOR REIMBURSEMENT OF
STAFF COSTS
WHEREAS, at 2:00 p.m. on May 28,1997, in Conference Room
1 in the Public Services Building, the Director of Public Works
received the following six bids for "Root Removal and Sidewalk
Replacement at Various Locations (FY 1996-97 Program) in the City
of Chula Vista, CA.":
Contractor Bid Amount
1. Doug Kost Konstruction - poway $39,339.00
2. Scheidel Contraction & Engineering - La 43,510.00
Mesa
3. L. C. Paving & Sealing - San Marcos 49,590.00
4. Star Paving Inc. - San Diego 49,850.00
5. Cameron Excavation Company - San Diego 49,981. 00
6. Rutledge Joint Venture - Jamul 68,050.40
WHEREAS, the low bid by Doug Kost Konstruction is above
the Engineer's estimate of $38,550.00 by $789 or 2% and staff
received excellent bids for the proposed work, however, the
Engineer's estimate was based on prices received for similar work
several years ago; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is a Class 2 exemption under section 15302 of the
California Environmental Quality Act (Reconstruction of Existing
Structures and Facilities); and
WHEREAS, the source of funding for this project is Gas
Tax Funds and contractors bidding this project were not required to
1
/3-5
pay prevailing wages to persons employed by them for the work under
this contract; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents, however,
disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept bids and award contract for
"Root Removal and Sidewalk Replacement at Various Locations (FY
1996-97 Program) in the City of Chula Vista, Ca.".
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the amount of $8,800 is
authorized to be transferred from the Construction Materials
Account to accomplish all Priority 1 and 2 sidewalk removals and
the use of up to $4,000 from the 1997-98 Gas Tas Project GTlO14-
Staff Time for CIP Preparation for reimbursement of staff costs.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\root.bid
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THE CITY OF CHULA '1ST A DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of cenain ownership or financial interests, payments, or campaign contributions,
on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official
bodies, The following information must be disclosed:
L List the names of all persons having a fmancial interest in the propeny which is the subject of the application or the Contract,
e,g" owner, applicant, Contractor, subcontractor, material supplier.
~
-
2, If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all, individuals owning more
than 10% of the shares in the corporation or owning any pannership interest in the partnership,
~~~
3, If any person" identified pursuant to (I) above is non-profit organization or a 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.
.----'~ --? --fì /"l -.f'
--
4, Have you had more than $250 wonh of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes - No Ä If yes, please indicate person(s):
5, Please identify each and evety person, including any agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City in this matter.
...- ----1 "L ~
6, Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes - No Ä-If yes, state which Council memhers(s):
" " " (NOTE: Attached additio
Date: !5 /-2-8/97
/ I
. Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicO1e, this and any other county, city or country, city municipality, district, or other political
subdivision, or any other group or combination acting as a unit, ! 37
14
COUNCIL AGENDA STATEMENT ItemÆ
Meeting Date 6l1Am
ITEM TITLE: Resolution /2")/ Zcepting bids and awarding contracts for tree
trimming services for fiscal year 1996-1997 to Atlas Environmental Services Inc. in the
amount of $37,566.80 and Aztec Landscape in the amount of $57,435.44, approving
transfer of funds, and authorizing the Mayor to e~ contracts on behalf of the City.
SUBMITTED BY: Director of Public Works
Œre"""fFi_, ~
REVIEWED BY: City Manage~ ~ ./J (4/Sths Vote: Yes_No_X.J
At 3:00 p.m. on June 4, 1997, in the Pur sing Office, the Purchasing Agent received
sealed bids for tree trimming services in the City of Chula Vista for FY 1996-1997. Staff
has evaluated the bids and recommends that two contracts be awarded.
RECOMMENDATION: That Council approve the resolution accepting bids and
awarding a contract to Atlas Environmental Services Inc. in the amount of $37,566.80 and
Aztec Landscape in the amount of $57,435.44, approving the transfer of funds, and
authorizing the Mayor to execute the agreements on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: Since the mid 1980's, as the City grew, we have augmented tree
trimming efforts by using contractors instead of increasing the size of the City tree
trimming crews. City staff usually block trims about 1200 trees per year. In addition, City
crews perform tree removal and replanting in conjunction with the sidewalk repair program
and complaint, hazard and decorative trimming.
Last year the tree trimming contract amount was $62,307.00 which included trimming
2,932 trees. Staff was not satisfied with the work that was done. Specifications for the
work were not written precisely enough that staff could obtain a satisfactory work product.
The specifications for this year's contract are much more precise as to the resultant
appearance and extent to which the tree must be trimmed.
The total cost of the contracts is higher this year for two reasons: one, there are more trees
included in this years contract, and two, the unit prices are higher than last year (Broadleaf,
$28.00 vs $18.00, and Date Palm, $78.00 vs $59.00). The higher prices are probably
attributable to the more stringent requirements contained in the specifications. Funds for
the tree trimming services included in the FY 1996-97 budget amount to $70,250.
Additional funds are required to trim all trees included in the bid. Therefore, staff is
recommending that $4,500.00 of remaining funds from account 100-1441-5203 (Street
/ Y--/
Page 2, Item-
Meeting Dateßl4m
Sweeping Contractual Services) and an additional $20,252.24 of remaining funds from
account 100-1431-5251 (Traffic Signal & Street Light Maintenance) be transferred to the
tree trimming account. The subject contract includes the trimming of a total of 3,362 trees
located at various locations throughout the City. A listing of all trees and locations is on
file in the City Clerk's Office.
Bids were received from three contractors as listed below. This year's tree trimming
contract was bid by the Purchasing Agent so that each bid item could be offered to the
lowest bidder of that item. Each bid item was evaluated to determine which contractor was
the lowest bidder. Two contractors, Aztec Landscaping and Atlas Environmental Services,
were the lowest bidder on various items. Exhibit 1 lists the total contract amount bid by
each of the bidders for all of the separate items. Exhibit 2 indicates the amount of the bid
from the lowest bidder for a particular item. Exhibit 3 lists the bid items to be awarded to
each contractor. The City considers prompt payment discount terms of 15 days or more in
evaluation of bids. Accordingly, Exhibit 3 includes a reduction of 7.25% in Aztec's total
cost if payment is received within 15 days of the City being invoiced. Staff has, therefore,
deducted the 7.25 % from the amount of the bid. Staff also looked at the bid items for
which Aztec was not the low bidder and reduced the amount bid by 7.25% to determine if
that reduction would have made them the low bidder for that item. The 7.25% adjustment
did not make Aztec the low bidder for any other items. Atlas did not offer prompt payment
terms.
EXHIBIT 1 .
FULL BID FOR EACH BID ITEM BY CONTRACTOR
NO CONTRACTOR BID AMOUNT
1 AZTEC LANDSCAPE ~
2 ATLAS ENVIRONMENTAL SERVICES {{
3 WCA OF ANAHEIM
EXHIBIT 2
LOWEST BID BY ITEM
BID ITEM DESCRIPTION LOWEST BIDDER BID
AMOUNT
I COCOS PALM ATLAS $10,708.80
2 DATE PALM ATLAS $17,550,00
3 PODOCARPUS AZTEC $8,639.00
4 BROAD LEAF AZTEC $44,408.00
5 EUCALYPTUS ATLAS $6,908.00
6 BOTTLEBRUSH AZTEC $5,238.00
7 PINE AZTEC $3,640.00
8 SYCAMORE ATLAS $2,400.00
TQW1\J.,.'. ".'i:.QOAO1!i!(f
/'1-;2
Page 3, Item-
Meeting Dateß24L21
EXHIBIT 3
STAFF RECOMMENDED CONTRACT AMOUNT BY CONTRACTOR
BID ITEM. CONTRACTOR CONTRACT
AMOUNT
3 AZTEC $8,639.00
4 AZTEC $44,408.00
6 AZTEC $5,238.00
7 AZTEC $3,640.00
SUBTOTAL AZTEC $61,925.00
LESS 7.25% -4,489.56
(I) 'tVl'Ak7""",'"
1 ATLAS $10,708.80
2 ATLAS $17,550.00
5 ATLAS $6,908.00
8 ATLAS $2,400.00
(2) ",\,ÁT A' ~ .""'7""""Ø¡Y.......
(1)- 1141-1\1/
~
As can be seen from the Exhibits, awarding the bid to the lowest bidder for individual bid
items resulted in an overall lower bid for the City. The saving amounted to $24,566.76. As
a result of awarding to the lowest bidder in each bid item, staff will have to monitor two
contractors and process two payments instead of one. Staff believes the additional cost to
administer the contract to be minimal as the contract is short in duration, 60 working days,
resulting in approximately 3 additional payments. The Supervising Tree Trimmer has
indicated that he can administer two contracts and does not foresee any major problems
with doing so.
ADDITIONAL FUNDING REQUESTED
Staff has requested the additional funding to do all of the trees that were included in the bid
proposal for the following reasons:
L The City has approximately 35,000 trees. As the City grows and we add more
trees, we will get further behind unless more funds are budgeted. The more trees we can
trim each year the smaller number of complaints we can anticipate being called in by the
citizens as a result of trees uprooting or limbs falling on vehicles, homes or people. The
number of trees uprooted or limbs broken will depend upon the amount ofrainfall, severity
of Santa Anna winds or winds associated with the rainfall, type of tree, and the length of
time since the last time the tree was trimmed. As the time frame between trimming
increases, so will the potential for limbs being dislodged from trees and the potential for
damage to personal property or injury from those occurrences. Staff had a larger budget in
the past and was able to trim more trees. In FY 1992-1993, approximately 5,000 trees
/f¿
Page 4, Item-
Meeting Date~
were trimmed by contract with a budget of $85,500. At some point, unless additional
funds are budgeted, we will become reactive to hazardous conditions rather than proactive
in performing the work as prevention.
2. The Downtown Business Association has requested that the Sycamore trees along
Third A venue between "G" Street and "I" Street be trimmed to eliminate large amounts of
leaf litter along that section of Third A venue. These trees were trimmed two year's ago,
but topping of these trees this year could eliminate much of the leaf litter being deposited
onto the street.
ALTERNATE IF COUNCIL DOES NOT APPROVE ADDITIONAL FUNDING
Should Council not approve the additional funds, staff would recommend that the contract
awards be as shown in Exhibit 4:
EXHIBIT 4
CONTRACT AMOUNT FOR EACH CONTRACTOR CURRENT FUNDING
NOT RECOMMENDED BY STAFF
BID ITEM CONTRACTOR CONTRACT AMOUNT
3 AZTEC $7,420.00
4 AZTEC $27,608.00
7 AZTEC $3,220.00
SUBTOTAL AZTEC $38,248.00
LESS 7.25% -2,772.98
(lITC i
I ATLAS $10,708.80
2 ATLAS $17,550.00
5 ATLAS $6,512.00
,zr ~
(1 AI:' """t1h."Oh ~
ITEMS REMOVED FROM CONTRACT USING CURRENT FUNDING
Following is a list of items which staff proposes to delete from the items bid if only current
funding is available:
1. Eliminate Bid Item 6 (Bottlebrush-291 trees at $18/tree = $5,238.00 less 7.25% or
$4,858.25.
J ¡j--{
Page 5, Item-
Meeting Date~
2. Eliminate Bid Item 8 (Sycamores -60 trees at $40/tree = $2,400.00).
3. Eliminate two geographical areas which contain 600 broadleaf trees at $28/tree =
$16,800 less 7.25% or $15,582,9 Eucalyptus trees at $44/tree = $396.00, 12 pine trees at
$35/tree = $420.00 less 7.25% or $389.55, and 23 Podocarpus trees at $53/tree = $1,219
less 7.25 % or $1,130.62. The areas proposed to be deleted are in the 500-1000 blocks
west ofl-805 and in the area east of Pas eo Ranchero and south of"H" Street.
Areas by Blocks were chosen to be removed rather than species of trees. This is proposed
by staff because by doing so, the cost per tree is reduced, administration of the contract and
inspection of the work is easier, it is easier to add all trees within an area to a future
contract, and keeping track when trees within the City have been trimmed requires less
record keeping.
If Council eliminates some of the trees from this year's tree trimming contract, they will
be included in next year's contract. The total number of trees deleted under this scenario
would be 995 leaving 2,367 trees to be trimmed rather than the 3,362 trees recommended
by staff. Staff will survey the trees eliminated and if any are considered an immediate
hazard, those trees would be trimmed by City staff.
Environmental Status
The City's Environmental Review Coordinator has determined that this project is
categorically exempt under Class 1 Section 15301 (h) " Maintenance of Existing
Landscaping".
Disclosure Statement
Attached is a Disclosure Statement executed by the Contractor.
Financial Statement
FUNDS REQUIRED TO AWARD ENTIRE CONTRACT
Proposed Contract Amount Atlas $37,566.80
Proposed Contract Amount Aztec 57,435.44
'T'C\1
FUNDS AVAILABLE TO AWARD CONTRACT
Fund 100-1450-5203 FY 1996-1997 $70,250.00
Transfer from Account 100-1441-5203 $4,500.00
Transfer from Account 100-1431-5251 $20,252.24
'AlP .~O~I\l\,),)Æ..
/t/-:5
Page 6, Item-
Meeting DateßML21
FISCAL IMP ACT: This action will authorize the expenditure of $95,002.24 of
previously appropriated funds of $70,250.00 [100-1450-5203-Street Tree Maintenance
Special Contractual Services]; and $4,500.00 [1 00-1441-5203-Street Sweeping Contractual
Services], and $20,252.24 [100-1431-5251-Traffic Signal & Street Light Maintenance] of
transferred funds. The project is funded initially by the City's General Fund then
reimbursed by the Gas Tax Fund. All funds proposed to be used are reimbursable trom the
Gas Tax Fund.
Attachments: Contractors Disclosure Statement NOT SCANNED
W ord6/HomelEngineerl agenda/treton 97 . wau
File 0940-45-AC
06119/979:03 AM
/'1-- &>
RESOLUTION NO. )~?/?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACTS FOR TREE TRIMMING SERVICES FOR
FISCAL YEAR 1996-97 TO ATLAS ENVIRONMENTAL
SERVICES, INC. IN THE AMOUNT OF $37,566.80 AND
AZTEC LANDSCAPE IN THE AMOUNT OF $57,435.44,
APPROVING TRANSFER OF FUNDS, AND AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACTS ON BEHALF
OF THE CITY
WHEREAS, at 3:00 p.m. on June 4, 1997, the Purchasing
Agent received three sealed bids for tree trimming services in the
city of Chula vista for FY 1996-97; and
WHEREAS, two contractors, Aztec Landscaping and Atlas
Environmental Services, were the lowest bidder on various items;
and
WHEREAS, staff has evaluated the bids and recommends that
two contracts be awarded; and
WHEREAS, the city's Environmental Review Coordinator has
determined that this project is categorically exempt under Class 1
section 15301(h) "Maintenance of Existing Landscaping"; and
WHEREAS, it is necessary to transfer funds to include
trimming all the trees included in the bid.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept the six bids and awards
a contract to Atlas Environmental Services in the amount of
$37,566.80 and a contract to Aztec Landscape in the amount of
$57,435.44.
BE IT FURTHER RESOLVED that $4,500.00 of remaining funds
from Account 100-1441-5203 and $20,252.24 of remaining funds from
Account 100-1431-5251 be transferred to the tree trimming account.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute said contracts for and on behalf
of the city of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\tree trio
/if-?
.
BID PROPOSAL
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned acknowledges that he/she has carefully examined specifications for:
TREE TRIMMING SERVICE FOR FISCAL
YEAR 1996-1997
IN THE CITY OF CHULA VISTA, CA
and that he/she has examined the location of the proposed work and has read the accompanying
instructions to bidders, and hereby proposes to furnish all materials, and do all the work required to
complete the said work in accordance with said specifications, and Special Provisions for the unit price
or lump sum set forth in the following schedule.
The Contractor has SixtY Workin~ Days (60) to complete the project. .
Approximate Items with Unit Price Price in'
Item Quantities Written in Words Figures TQtal
1. 776 EACH Cocos Palm
Lv..:... fü..,.. 1- a ~/I 6V $ ~.eð $10, 70B. &0
/
PER EACH EA..
2. 225 EACH Date Palm (Phoenix)
~ - ~'Jf $ 7~.&() ,/"
$ }Ì;55D
PER EACH' EA..
3. 163 EACH Podocarpus
¡A~ -k ~ tj2.{)O $ It 99b -
$
PER EACH EA..
R\EngineoclAdminIConttoctIT,,09697.7 /'/%
Approximate Items with Unit Price Price in
Item Quantities Written in Words Figures Total
4. 1,586 EACH Broadleaf
(i~ $ 5~ CfG7. b:?
7~~ ~ f-- /DÞ- $ 37,17
PER EACH EA..
5. 157 EACH Eucalyptus Trees
.
~kt -~ ~~ $ 1#1.00 $ bloB .tJltJ
PER EACH EA.. '
6. 291 EACH BottIebrush
p~~JJ $ ;1 B.tJO $ el'ie.eD
EA.. "
7. 104 EACH Pine
ff:1~:v $ /f/.tJO $ 4::<6'1.ev
,
EA..
8. 60 EACH Sycamore
~f:1 ~ $ 9CJ.tJC! $ ;:(.i/ t:) V. 6Jè)
,
PEREA H EA..
/2.3.12-". 'È:-
.
Note: Award of contract maybe made as a lot. by item or groups of items as ma inllIeCi1)"sbestinterest. Definirion eaf Trees:
All Trees oIlIer than lIIose called out as specific bid items. Part 4 of lhis con 0 trees including Broadleaf
trees to be trimmed, by address.
)'/-;
H: lEngin=\Admin\Conu>Ct\ Tr«9697. 7 Q
Proposal (Continued)
The undersigned further agrees that in case of default in executing the required Contract, with
necessary bonds, within ten (10) working days after having received notice that the Contract is ready
for signature, the proceeds of the check or bond accompanying hislher bid shall become the property
of the City of Chula Vista.
Licensed in accordance with an Act providing for the registration of Contractors, License No.-
m;$ i./9 ; ~7e Expiration Date 51~ /98 ,Contractor's State License Classification
Sig"'"," of b- . ~ ~
~
(If an individual, so state. If a firm or co-partnership, state the fIrn1 name and give the names of
all individuals, co-partners composing the fIrn1. If a corporation, also names óf President, Secretary,
Treasurer and manager thereof, and affIX the Corporate Seal thereto.)
tJ,d:. m. (}n~io-PrP6. lJ:Hos ffìVÚ"DnrY1é"rlaJ! ~rl/¿Ce5}J)nc.
Je..'Pf Bruhn -~c.IÎres. (Business Name)
qo~ Oil \¡~ 1)1'.
Dated: ,"lÎ 11"""'E' Lf ,199l ~rjrìJ VOIÜ->~) rD. C/(C¡77
(Busines Address)
II D /C1) L# v 3- 1707
(phone Number)
TAX IDENTIFICATION NUMBER "?ð-o.:f30Q7Q
m, lEnginoe,IAdmin ICon""a\Boile<. Min Jr~/C7 //J./- It
The bidder shall list the name and address of each subcontractor, required to be listed by the
provisions in Section "Subcontracting," of the Special Provisions, to whom the Bidder proposes to
subcontract portions of the work. All Contractors and subcontractors must obtain a business license
from the City of Chula Vista before a notice to proceed may be issued.
LIST QF SUBCONTRACTORS
SHEET I OF 2
Description (Type) of Portion
Name & Address (City)* of Work Subcontracted
Nnne--
-
/1-/7
m,\En¡;in",,\Admin\Conuacr\Boil«.Min 8
LIST OF SUBCONTRACTORS
SHEET 2 OF 2
Description (Type) of Portion
Name & Address (City)* of Work Subcontracted
rJOtlf>-
PROPER NAME OF BIDDER:
BY: TITLE:
* Contractor is obligated to provide License Number and complete address and phone numbers of
subcontractors prior to award of Contract. The Contractor shall comply with Section 2-3.1 of the
Standard Specifications and Regional Supplement Amendments and shaH perfonn at least 50 % of the
contract work with hislher own organization.
JI-/~
m, IEng;n=IAdm;n ICnmna\Boilc<. Min 9
THE CITY OF CHULA VISTA DISCWSURE STATEMENT
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:
I. List the names of all persons having a fmanciaI interest in the property which is the subject of the application
or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier.
N fA
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals
owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
tV /-IJ
I
.
3. If any person" identified pursuant to (I) above is non-profit organization or a 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.
tJ/fJ
4. Have you had more than $250 worth of business transacted with any memher of the City staff, Boards,
Commissions, Committees, and Council within the past twelve month? Yes - No KIf yes, please indicate
person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent
Contractors who you have assigned to represent you before the City in this matter.
tJ IA
I
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council
member in the current or preceding election period? Yes - No)C If yes, state which Council members(s):
" " " (NOTE: Attached additional pages
Date:.... fune. ~. /QC}7
~i of Co tractor/Applicant
(}flac;fñvÙ?)nrre~ 5i1é3. ,JÎnc.
Print or type name of Contractor/Applicant
" Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and I11r)' other county, city or country, city
TIUlnicipality, district, or other political subdivision, or any other group or combination acting as a unit.
/tf- /3
H""","""\AdnU,,ICo=IT<e<9697.7 11
WORKERS' COMPENSATION INSURANCE DECLARATION
Date: ,)11 nF- 41 /qq7
I am aware of the provisions of Sectioñ 3700 of the Labor Code which require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this Contract.
~ ~
.
{)jjíl~ 1--Î:Jv¡mnríff)(aJJ .jVS..¿J! nc .
Contractor
óL?3{¡;ÚJO
State Contractor's License No.
QO3;l. 011 VB 'l::r:
Address
,!;:¿~ Ilhj/~/f{ì4. Q/977
ItylSta
(Ú¡q) tl&3-/7()7
Phone Number
Jf~i'f
H,lEngi,=lAdmi,\Co't=t\T=9697.7 16
BID PROPOSAL
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned acknowledges that he/she has carefully examined specifications for:
TREE TRIMMING SERVICE FOR FISCAL
YEAR 1996-1997
IN THE CITYOFCHULA VISTA, CA
and that he/she has examined the location of the proposed work and has read the accompanying
instructions to bidders, and hereby proposes to furnish all materials, and do all the work required to
complete the said work in accordance with said specifications, and Special Provisions for the unit price
or lump sum set forth in the following schedule.
The Contractor has SixtY Workine- Days (60) to complete the project. .
Approximate Items with Unit Price Price in;
Item Quantities Written in Words Figures Total
1. 776 EACH Cocos Palm
t:f) $ 13.C (Óß. CO
~ $ I~.
.
PEACH EA..
2. 225 EACH Date Palm (phoenix)
o~ee $ 143,Cù $ 32 ,)75. Cð
PER EACH EA..
3. 163 EACH Podocarpus
~ $5?J.tú $ 8/059.00
EA..
;1--/3
H; lEngin=\AdminICnntrn"'T"e%97. 7 ~
Approximate Items with Unit Price Price in
Item Quantities Written in Words Figures Total
4. 1,586 EACH Broadleaf
~ $ 2ß.CD $ 44 4D8.CO
.
PER EA EA..
5. 157 EACH Eucalyptus Trees
~ .
$ S-:1J.OO $ ß?i21.00
PERE H e EA..
6. 291 EACH BottIebrush
~hr f'f> Å'Ì $~ $ 5,7~.OO
.
PER ACH EA..
7. 104 EACH Pine
~ $ 7;;6, cD $ ;J) ¡ "'1Ð'CO
EA..
8. 60 EACH Sycamore
~ $ 5!;..CO $ ~.IOO.OO
EA.. I
fÙ-
E fl.. 1'16 ~ Þ~J'III5C¡)p,ol1 I~ Dit Y S' GRAND TOTAL :-11~ .5óQ
No"': Award of contract maybe made as a tot, by item or groups ofi"'InS as may be in the City's best in"'n:st. Ddinirion of Broadleaf Tn:es:
All Tn:es other than those called out as specific bid i",InS. Part 4 of this coU!nlct lists the specific type of trées including Broadleaf
trees to be trimmed, by address.
J i~ / ?
H:\Engin=lAdmin\Co"tnoct\T".9697.7 Q
Proposal (Continued)
The undersigned further agrees that in case of default in executing the required Contract, with
necessary bonds, within ten (10) working days after having received notice that the Contract is ready
for signature, the proceeds of the check or bond accompanying hislher bid shall become the property
of the City of Chula Vista.
Licensed in accordance with an Act providing for the registration of Contractors, License No.-
<ñ4 2. sD1-; License Expiration Date4-~- ~ , Contractor's State License Classification
í27
Signature of bidder: ~"....,........ é. ~
(If an individual, so state. If a fIrm or co-partnership, state the firm name and give the names of
all individuals, co-partners composing the fIrm. If a corporation, also names óf President, Secretary,
Treasurer and manager thereof, and affiX the Corporate Seal thereto.)
C.
'19'10 Lern-)n Grn\l e \~
1JA- 1erYYJn Gmve í A 9 \ 94EL
Dated: -.k.::... 9' -==----, 19m (Business Aðdress)
(((19). 4h4 - ?ñD3
(Phone Number)
TAX IDENTIFICATION NUMBER ?5Y) .- 50 - 3ffi
m, lEnginoe,\Admm \Con<n"\Boi¡,,. Min ) ~-) ?
The bidder shall list the name and address of each subcontractor, required to be listed by the
provisions in Section "Subcontracting," of the Special Provisions, to whom the Bidder proposes to
subcontract portions of the work. All Contractors and subcontractors must obtain a business license
from the City of Chula Vista before a notice to proceed may be issued.
UST QF SUBCONTRACTORS
SHEET 1 OF 2
Description (Type) of Portion
Name & Address (City)* of Work Subcontracted
~ fA
I
.
)cf~/g/
m, IEnginee,IAdminICon"'<tlBoil",. Min 8
LIST OF SUBCONTRACTORS
SHEET 2 OF 2
Description (Type) of Portion
Name & Address (City)* of Work Subcontracted
N / A
I
-
,
PROPER NAME OF BIDDER: A7:TeC f-..A-N()S C-A pí AI <;;; (,J c...
BY: , .t2~ (' ¿J-rr.J'~ .- TITLE: VIC¡=: fllÆr;:f/)~
. * Contractor is obligated to provide License Number and complete address and phone numbers of
subcontractors prior to award of Contract. The Contractor shall comply with Section 2-3.1 of the
Standard Specifications and Regional Supplement Amendments and shall perform at least 50 % of the
contract work with his/her own organization.
/{-if
m, IEnginee,IAdminIConttaa\Boi¡oc .Min 9
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS, that IfWe ,as
Principal, and , as Surety, are held f1I1I1ly bound unto the City of Chula
Vista ("City") in the sum of ($ ), to be paid
to the said City or its attorney, its sucœssors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, jointly and
severally, f1I1I1ly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bid of Principal on the City's
request for bids on the following project, to-wit:
TREE TRIMMING SERVICE FOR FISCAL
YEAR 1996-1997
IN THE CITY OF CHULA VISTA, CA .
which bid is dated , is accepted by the City, and if the above bounden Principal,
hislher heirs, executors, administrators, successors and assigns, shall duly enter into and execute a
Contract for such performance and shall execute and deliver the bonds required by said Bid
Specifications, on or before the date specified in the "Notice of Award," which date shall be no less
than ten (10) days (not including Sunday), from the date the bounden Principal is notified by and from
the City of Chula Vista that said Contract is ready for execution, then this obligation shall become
null and void; otherwise it shall be and remain in full force, effect, and virtue.
IN WITNESS WHEREOF, IfWe hereunder set our hands and seals this ~ day of-
~U ~ , 19E1...-.
Principal:
Surety:
(Notaries and Powers of Attorney Attached)
APPROVED AS TO FORM:
CITY ATTORNEY
/t{---;2ú
R_¡"ou\Admi..,C.."""otIT"..%97.7 10
THE CITY OF CHULA VISTA DISCWSURE STATEMENT
You are required to me 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:
1. List the names of all persons having a fmancial interest in the property which is the subject of the application
or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier.
A7-T15:1 (,bU>Slh.PIIv" ,...c..
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals
owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
~ô.rA'IéJ- ~IWIl..'- ¡>'res.Ju;¡
12b \I\.ö tJ AtJ,JJ'1A:i?- -VfJ.
3. If any person* identified pursuant to (1) above is non-profit organization or a 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.
N /Â
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees, and Council within the past tWelve month? Yes - No X If yes, please indicate
person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent
Contractors who you have assigned to represent you before the City in this matter.
~'am(')n Ab~J / AR
R açti~ A bvjlhR
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council
member in the current or preceding election period? Yes - No ~ If yes, state which Council members(s):
* * * (NOTE: Attached additional pages as necessary) * * *
Date: 0(>/ en/ 97 - £~(. ~/"
. Signature of Contractorl Applicant
R(\YI1(,)~ ;'\.(;.U I I AI?.
Print or type name of Contractor I Applicant
* Pawn is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fralemal
organization, corporalion, estale, trust, receiver, syndicale, this and any other county, city or country, city
municipality, district, or other political subdivision, or any other group or combination acting as a unit.
j L/- c?- /
H, \E",¡~,IAdm¡n\Conn"t\ T,«9697. 7 11
-
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS, that lfWe k~ \./1Y¥:Ì::l~ Y1}-' the
Contractor in the Contract hereto annexed, as Principal and , a
corporation organized and existing under the laws of the State of Co \ \..\fx rì lOt and duly
authorized to transact business under the laws of California as Surety, are held and fIrmly bound unto
the City of ChuIa Vista, located in San Diego County, California, in the sum of
($ ) lawful money of the United States, for which payment, well and
truly to be made, we bind ourselves, jointly and severally, fIrmly by these presents.
Signed, sealed, and dated
The condition of the above obligation is that if said Principal, as Contractor in the Contract hereto
annexed, shal1 faithfully perform each and all of the conditions of said Contract and shall furnish all
tools, equipment, apparatus, facilities, transportation, labor and material necessary to perform and
complete in a good and workmanlike manner, the work of:
TREE TRIMMING SERVICE FOR FISCAL
YEAR 1996-1997
IN THE CITYOF CHULA VISTA, CA
in strict conformity with the terms and conditions set forth in the Contract hereto annexed, and shall
payor cause to be paid, all persons who perform labor for, or furnish materials to said Contractor,
or to any subcontractor in the execution of the said Contract, then this obligation shall be null and
void, otherwise to remain in full force and effect; and the Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to
the work to be performed thereunder, or the specifications accompanying the same, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract, or to the work, or to the specifications.
~nc,
1910 I.P-m)t'l CJrove Wy.
lermn C7rnVt: I fA S}(&45
Contractor Surety
APPROVED AS TO FORM:
City Attorney
/{êl2
H, 1Engm=IAdminIC<onu"'l T=9697. 7 12
.....
WORKERS' COMPENSATION INSURANCE DECLARATION
Date: ~\..tr'G S) fA7
I am aware of the provisions of Sectioñ 3700 of the Labor Code which require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this Contract.
. ~ c. ~:æ ----
Signature .
A-z.J.r.c la~I'^'3i Ire .
Contractor
(o4'2~04-
State Contractor's License No.
¡9Jì() \.Ô~ GrðJe
Address
leWY1'ì Grn'-Je-.CA 9i945
City/State I
((->19- 4(cA- 33f)S
Phone Number
)f~;2-5
H,IEng;",."lAdmin\C"""w\T,eð697.7 16
~
CONTRACT
This Contract, made and entered into this ~ day of \Unf: , 19~, by and between
the City of Chula Vista, State of California, hereinafter called the "Owner" and
A-£:vc \ ard7-ß?\'Y'Cj : \ \Y:.
hereinafter called the "Contractor";
WITNESSETH:
That the Owner and the Contractor for the consideration, hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract Documents as if set forth ilrfull herein, to
wit: The Advertisement for Bids; the Proposal; the Accepted Bid; the Faithful Perfonnance
Bond; the Material and Labor Bond; Specifications; Standard Specifications; Standard Special
Provisions, General Provisions; Chula Vista Standard Special Provisioqs,; Standard Plans;
Special Provisions; this Contract and all addenda setting forth any modifications or
interpretations of any of said Documents.
2. The Contractor will furnish all materials except as otherwise provided in the Specifications or
on the Plans and will perform all the work for:
TREE TRIMMING SERVICE FOR FISCAL
YEAR 1996-1997
IN THE CITY OF CHULA VISTA, CA
All the above work is on City property or on easements, and under the direction of the
Engineer or other official designated by the Owner to provide compliance with the terms and
specifications of the Contract and all included documents all as provided in and subject to the
Contract Documents.
3. The Owner will pay the Contractor in current funds for the perfonnance of the Contract on the
basis of the accepted urñt prices and the actual measured quantities of work done at such times
as are stated in the Specifications, and will otherwise fulfill its obligations thereunder.
4. All time limits stated in the Contract Documents are of the essence of this Contract.
5. In accordance with the Section 2.58.070 of the Chula Vista Municipal Code regulating
payment of prevailing wages for Contracts let by the City, Contractors may only pay minimum
wage to persons employed by them for work under this contract.
6. The Contractor shall allow access by the City, the federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the Contractor pertinent to this specific Contract.
Jt('i }
H,lEngin=lAdminIC="""IT,0e9<i97,7 14
-
Contract (Continued)
7. The Contractor Agrees to comply with Section 2-3.1 of the Standard Specifications for Public
Works Construction (Greenbook) and Regional Supplement Amendments and shall perform
at least 50% of the contract work with hislher own organization.
8. The Contractor shall retain all required records for three years after fmal payments are made
and all other pending matters are closed.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year flfSt above
written.
FOR THE CITY OF CHULA VISTA: FOR THE CONTRACTOR:
BY: BY:. ~r,~. oj t
1<c.mon c. A:1uilar I ViCe.- - Pres¡ eh
ATTEST: BY:
City Clerk
I hereby certify that I have examined this Contract and find it to be in accordance with the provisions
of the State of California.
BY:
City Attorney
) f/ ..2- r
H,IEDgin=\Admm\Co=\T",%97.7 U
COUNCIL AGENDA STATEMENT ~
Item~
Meeting Date 6/24/97
ITEM TITLE: R I' /ó.?/~ .. .. d f th
eso utlon - ppropnatmg unantlClpate revenues rom e
Central Garage Fund to the 1996-97 Central Garage budget for
unanticipated repair work to four Police vehicles
SUBMITfED BV, Di,~~, of ""blie WOd"~
REVIEWED BY: City Manager j(,\ ~~ (4/5ths vote: Yes..1L No_)
The Central Garage has had unanticipated repair wo do~n three Police patrol vehicles and
one Police motorcycle that were damaged in citizen-caused accidents. The insurance money has
been received and needs to be appropriated to the Garage budget to cover the repair costs so that
sufficient funds are available to cover remaining service work for the fiscal year.
RECOMMENDATION: That the City Council adopt the resolution approving an appropriation
from the unanticipated revenues of the Central Garage Fund in the amount of $10,013.96 for
unanticipated repair work to four Police vehicles.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The 5265 account - Services to Maintain-Automotive in the 1996-97 Garage Fund budget does
not include extra funds to repair vehicles damaged in accidents. Repairs are paid from the
Garage's budget, but in order to be reimbursed for the cost of this work, appropriations from
the Garage's revenues must be made. Appropriations are needed since any insurance money
collected from citizens' insurance carriers is deposited in a revenue account, rather than in an
expenditure account. The funds received from the citizens' insurance carriers are equal to the
cost of the repairs. Funds were appropriated last fiscal year at this time of year for this same
unanticipated repair work.
FISCAL IMPACT:
The Public Works Garage is an internal service fund that is funded by equipment maintenance
funds budgeted in the 5269 accounts of departments that have vehicles or equipment. The 5269
accounts do not cover the cost of repairs needed due to accidents. An appropriation from the
unanticipated revenues of the Central Garage Fund is needed since the $10,013.96 for the
accident repair work was not anticipated and therefore not budgeted.
"'d"voh.""
/5>/
RESOLUTION NO. ) ð? / r
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING UNANTICIPATED
REVENUES FROM THE CENTRAL GARAGE FUND TO THE
1996-97 CENTRAL GARAGE BUDGET FOR
UNANTICIPATED REPAIR WORK TO FOUR POLICE
VEHICLES
WHEREAS, the Central Garage has had unanticipated repair
work done on three Police patrol vehicles and one Police motorcycle
that were damaged in citizen-caused accidents; and
WHEREAS, the insurance money has been received and needs
to be appropriated to the Garage budget to cover the repair costs
so that sufficient funds are available to cover remaining service
work for the fiscal year; and
WHEREAS, it is necessary to appropriate funds from the
Central Garage fund to the 1996-97 Central Garage Budget for the
unanticipated repair work to four vehicles.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an appropriation from the
unanticipated revenues of the Central Garage Fund to the 1996-97
Central Garage budget in the amount of $10,013.96 for unanticipated
repair work to four Police vehicles.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:lrslgarage,app
/y~
COUNCIL AGENDA STATEMENT
Item / ~
Meeting Date 6/24/97
ITEM TITLE: Resolution J Y?; Accepting bids and awarding a contract for "Sewer
Rehabilitation - Phase VII in the City ofChula Vista, CA (SW-900)"
SUBMITfED BY, D;"",'m of"""H, wmk, ~
REVIEWED BY: City Manager Jú ~.~-? (4/5ths Vote: Yes_NoX)
At 2:00 p.m. on June 4, 1997 in Conference Room 2 in the Public Services Building, the Director
of Public Works received sealed bids for "Sewer Rehabilitation - Phase VII in the City of Chula
Vista, CA (SW-900)." The work to be done includes excavation and grading, asphalt concrete
pavement, crushed aggregate base, trench shoring, traffic control, installation of 8" sewer mains,
lining existing sewers using cured in place liner pipe (Insitufonn), rehabilitation of existing
manholes, construction of new manhole, and other miscellaneous work shown on the plans.
RECOMMENDATION:
That Council approve the resolution accepting bids and awarding the contract for "Sewer
Rehabilitation - Phase VII in the City ofChula Vista, CA (SW-900)" to Dietrich Corporation, EI
Cajon in the amount of$454,005.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In the Fiscal Year 1996-97, Capital Improvement Program, funds were included for sewer
rehabilitation work. Subsequently, staff identified sewer mains that had cracked, broken, or
collapsed pipe sections which need to be replaced, sewer manholes that needed to be lined and
replaced. Attached are tables listing the locations and problems which need to be corrected, plus
plats showing locations of the work (Exhibit A).
The project includes seven locations in which the entire sewer main between two manholes needed
to replaced or lined. In addition to the standard open trench method for replacing the sewer (i.e.
digging up the street and replacing the existing sewers), staff included in the bid document the
following in-site repair alternatives:
1) Installation of 8" folded PVC pipe (Nu Pipe)
The folded PVC pipe is heated with steam and inserted in the existing sewer main and pulled
through the sewer trom manhole to manhole. The folded pipe is pressed against the inside wall of
the sewer main by an expansion device which is also heated by steam. Folded PVC pipe is
manufactured trom identical material, and confonns to the same material as typical PVC pipe. The
City's repair job for Phases IV and VI utilized this method for lining several of the sewer mains.
The locations of these mains are: I) 'D' Street east of Third Avenue (approximate length 631 lineal
feet); 2) Third Avenue south of 'D' Street (approximate length 293 lineal feet); 3) 'D' Street west
Jb-/
Page 2, Item -
Meeting Date 6/24/97
of Second Avenue (approximate length 346 lineal feet); and 4) Casselman Street east of Broadway
(approximate length 267 lineal feet). That work has been satisfactory to date.
2) Installation of Cured In-Place Liner Pipe
This method utilizes the installation of an epoxy or polyester resin cured in-place liner pipe. This
is also inserted into the existing sewer and uses hot water under pressure to affix the liner against the
inner wall of the sewer main. The epoxy or resin within the liner cure and become molded to the
sides of the existing pipe. Part of the City's rehabilitation job for Phase VI utilized this method for
lining 220 lineal feet between 'E' Street and Las Flores Drive. That work has been satisfactory to
date.
3) Installation of 8" folded PVC Pipe (AM-Liner)
The AM-Liner PVC pipe is similar in nature to the Nu Pipe listed above.
4) Installation of 8" deformed HDPE Sewer Pipe (V-Liner Pipe)
The V-liner pipe is similar in nature to the Nu Pipe listed above.
Anyone of the four methods listed above or standard open trench method was felt to be acceptable
by staff.
The project includes 67 sewer manholes in which the entire sewer manhole needed to replaced or
lined. In addition to the replacement of 44 sewer manholes (i.e. digging up the street and replacing
the existing manhole), 23 existing sewer manholes will be lined in order to prevent further corrosion
due to hydrogen sulfide gases in the sewer main. Staff included in the bid document the following
in-site repair alternatives:
1) Installation ofPVC liner (Permaform, Poly-Triplex, Vinylthane, Danby)
llis methods involves pressure cleaning of all surfaces within the manhole, grouting of pipes, leaks
and channel bottoms prior to installation of PVC liner to remove all sulfide attacked concrete. An
epoxy resin is applied to the clean inner surface of the manhole. The epoxy resin will ensure that
there is a solid bond between the manhole and the new liner system.
2) Spray on coating (Sancon 100, Strong Seal)
This method involves spraying on a polyurethane coating to a prepared manhole surface. The
manhole is pressured cleaned to remove all sulfide attacked concrete to produce a sound base of hard
concrete. If there is infiltration, chemical grouting is applied to ensure a watertight manhole. The
polyurethane is then sprayed on to the prepared inner surface of the manhole to the required
thickness. The City's rehabilitation job for Phases IV and VI utilized this method for lining four
manholes. The product has been satisfactory to date.
Either of the two methods listed above was felt to be acceptable by staff.
/¿--2
Page 3, Item -
Meeting Date 6/24/97
Bids for this project were received from the following contractor:
Contractor Bid Amount Construction Method
1. Dietrich Corporation - EI Cajon, CA $454,005.00 General Contractor
Of the ten (10) Contractors to purchase the contract documents for this project, only Dietrich
Corporation submitted a bid. Six of the contractors who purchased the documents could have bid
only as a subcontractor, since their specialty of work consisted ofless than 49 percent of the total
project. Two of the contractors stated that they did not submit bids due to the location of the work
(i.e. all of their current work was in north County and it did not make sense to them to interrupt that
work to bring crews to Chula Vista), and another contractor said they were bidding several projects
at the same time which were more lucrative.
The bid from Dietrich Corporation is above the Engineer's estimate of$441,595 by $12,410.00 or
2.8%. Dietrich Corporation has previously done sewer work for the City and their work has been
satisfactory. The two subcontractors have also previously done sewer work for the City and their
work has been satisfactory. Insitufonn, Southwest has chosen as their method of lining the sewer
the installation of cured in place liner pipe (Insitufonn). Sancon Engineering will be applying a
polyurethane spray seal coating inside the sewer manholes that are corroding. The Director of Public
Works has a short video showing the installation oflnsitufonn available for Council viewing. The
Engineer's estimate was based on previous sewer rehabilitation projects.
Staff considered rebidding this project but it was decided that no material advantage would be
obtained by doing so. First, since ten contractors who had sufficient interest in the work purchased
contract documents and most chose not to bid, staff was not aware of sufficient additional
contractors who could be encouraged to bid and did not feel that any more bids would be received
on a rebid. Second, the current bidder, knowing they were the only bidder, could rebid at a higher
price and the contract could be higher. Third, and last, the bids came in relatively close to the
Engineer's estimate and staff believes they are fair prices.
On June 4, 1997 after the bid opening when it was apparent that Dietrich Corporation was the low
(and only) bidder, Dietrich Corporation provided an alternative method for the removal and
replacement of the sewer manhole bases. They subsequently wrote a letter, Exhibit B, suggesting
not to remove the manhole base if it was in satisfactory condition. The cost savings per manhole
base is $350, for a total savings of $15,400 if all 44 sewer manholes to be replaced do not have their
bases removed. The City Inspector will ensure that if a sewer manhole base is in bad condition or
has been damaged during the excavation, it will replaced. If there is any doubt in the Inspectors's
mind that the manhole base is not totally sound, it will be replaced.
Prevailing: Wa¡¡e Statement
The source of funding for this project is Sewer Funds. No prevailing wage requirements were
necessary as part of the bid documents. No special minority or women owned business requirements
/try
Page 4, Item -
Meeting Date 6/24/97
were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various trade publications.
Disclosure Statement
Attached as Exhibit C is the contractor's disclosure statement.
Environmental Status
The Environmental Review Coordinator has detennined that this project is categorily exempt under
Class 1, Section 15301 (b) of the California Environmental Quality Act (Minor Alterations of
Existing Public Improvements or Public Structures).
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $454,005.00
B. Contingencies (approximately 8%) 22,700.00
C. Staff Costs (construction, inspection, and design) 36,520.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $513,225.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Sewer Rehabilitation - Annual Allocation - SW900 Sewer $513,225.00
Funds
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $513,225.00
FISCAL IMP ACT: Funding used for this project will come from the Sewer Facilities Maintenance
Funds. Upon completion of the project, the sewer mains and manholes will require routine City
maintenance involving cleaning of the sewer on a periodic basis.
\ Exhibit A - Locations of Area of Work
Exhibit B - Disclosure Statement liCtt ~T1II'"
Exhibit C - Letter dated June 5, 1997 fr e 1 rporation NOT SCANNED
H:\HOMEIENGINEERIAGENDA ISEWR9697 .BVH
File No: 0735-10-SW900-6
/i>-f
RESOLUTION NO. /~/?Jj?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "SEWER REHABILITATION - PHASE VII
IN THE CITY OF CHULA VISTA, CA. (SW-900)"
WHEREAS, at 2:00 p.m. on June 4, 1997 in Conference Room
2 in the Public Services Building, the Director of Public Works
received the following one bid for "Sewer Rehabilitation - Phase
VII in the city of Chula Vista, CA (SW-900). ":
Contractor Bid Amount Construction
Method
1. Dietrich corporation - El $454,005.00 General
cajon, Ca. Contractor
WHEREAS, the sole bid by Dietrich Corporation is above
the Engineer's estimate of $441,595 by $12,410.00 or 2.8% and
Dietrich has previously done sewer work for the city and their work
has been quite satisfactory and staff recommends awarding the bid
to Dietrich; and
WHEREAS, the source of funding for this project is Sewer
Funds and no prevailing wage requirements were necessary as part of
the bid documents and no special minority or women owned business
requirements were necessary as part of the bid documents; and
WHEREAS, the Environmental Review Coordinator has
determined that this project is categorically exempt under Class 1,
section 15301 (b) of the California Environmental Quality Act
(Minor Alterations of Existing Public Improvements or Public
structures).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby find, determine, order and resolve
as follows:
section 1. That the City Council concurs in the
determination that this project is categorically exempt under
section 15301(b), Class 1, "Minor Alterations of Existing Public
Improvements or Public Structures" of the California Environmental
Quality Act, and directs the Environmental Review Coordinator file,
or ratifies the filing of, a notice of exemption for this project.
section 2. That the Council does hereby accept the bid
of Dietrich Corporation as responsive and awards the contract for
"Sewer Rehabilitation - Phase VII in the City of Chula vista" to
Dietrich corporation in the amount of $454,005.
J~/
section 3. The Mayor of the City of Chula vista is
hereby authorized and directed to execute said contract for and on
behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: \rs\sewrehab
IÞ'--?
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SEWER REHABILITATION vn
I. SEWER SEGMENT TO BE RELINED
DEPTH, ftJ BASE MAP DRAWING
PLAT NO. 8 INCH SEWER SEGMENT LOCATION FOOTAGE, II NO. LATERALS NO.
1 1017 CALLE MESITA, N. TO SONGBIRD LN. (PRIVATESTREET). MH I-MH2 10/175 178-t755 "2 62-60
1 1017 CALLE MESITA. N. TO SONGBIRD LN. (pRIVATE STREET). MH 2 - MH 3 8/290 178-1755 "2 62-60
2 LAS FLORES DR" 174 LAS FLORES DR TO 'D' ST. MH A - MH C 7/170 174-1743 11 B-18-36
2 LAS FLORES DR., 174 LAS FLORES DR TO 'D' ST, MH C - MH D 7/190 174-1743 10 B-18-36
2 LAS FLORES DR" 174 LAS FLORES DR TO 'D' ST, MH D - MH E 7/190 t74-1743 7 B-18
3 63 GLOVER COURT, NORTIIEAST TO THIRD AVE, MH 1 - MH 2 15/16t 174-1743 2 56-27
3 63 GLOVER COURT, NORTIIEAST TO THIRD AVE, MH 2 - MH 3 10151 174-1743 0 56-27
ll, REPLACEMENT OF 8-INCH SEWER MAIN
DEPTII, ftJ BASE MAP DRAWING
PLAT NO. 8 INCH SEWER SEGMENT LOCATION FOOTAGE, II NO. LATERALS NO.
4 FOURTH AVE, BETWEEN KEARNEY ST AND 'j' ST 9t1O 166-1743 1 71-160
(APPR. 282 FEET NORTH OF KEARNEY STIFOURTH AVE)
4 FOURTH AVE, BETWEEN KEARNEY ST AND 'j' ST 8t15 166-1743 t 7t-l60
(APPR. 583 FEET NORTH OF KEARNEY STIFOURTH AVE)
5 LORI LNIllALECREST DR, REPAJR SIPHON 9/10 170-1755 59-87
ill, BRICK SEWER MANHOLE TO BE REPLACED (A TOTAL OF 44 SEWER MANHOLES)
BASE MAP DRAWING
PLAT NO. MH LOCATION MH DEPTH, II NO. NO.
2 166 LAS FLORES DR 8 174-1743 B-18-36
4 345 'K' ST 7 166-1743 71-157
5 203 CHURCH AVE 6 174-1743 7t-156
5 203 GARRETI' AVE 7 174-1743 71-157
5 287 'F' ST 12 t70-1743 71-156
5 447 'G' ST t2 170-1743 71-160
5 ALLEY BEHIND 353 THIRD AVE 12 170-t743 71-157
5 DAVIDSON ST, BETWEEN THIRD AVE AND CHURCH AVE 8 174-t743 71-156
5 INTERSECTION OF 'F' ST AND LANDIS AVE 7 170-1743 7t-t56
5 INTERSECTION OF 'G' ST AND GARRETI' AVE 12 170-1743 7t-l60
5 INTERSECTION OF FOURTH AVE AND CENTER ST 9 170-1743 71-160
5 INTERSECTION OF LANDIS AVE AND DAVIDSON ST 8 174-1743 71-156
5 INTERSECTION OF THIRD AVE AND 'E' ST 10 174-1743 71-156
5 INTERSECTION OF THIRD AVE AND DAVIDSON ST 7 174-1743 71-156
5 JUST EAST OF 311 'F' ST 12 170-1743 82-147
5 JUSTWESTOF3t1 'F' ST t1 t70-1743 82-147
6 202 DEL MAR AVE 7 174-1743 71-156
6 157 'F' ST t1 t70-1743 7t-156
6 265 TWIN OAKS AVE 7 t74-1743 71-156
6 271 SECOND AVE t1 t74-1743 53-1
6 354 DEL MAR AVE 7 170-1743 71-157
6 INTERSECTION OF 'F' ST AND DEL MAR AVE 7 170-1743 71-157
6 INTERSECTION OF DEL MAR AVE AND CENTER ST 8 170-1743 71-157
6 JUST WEST OF INTERSECTION OF TWIN OAKS A VElDA VIDSON ST 7 174-1743 71-156
7 310 ROOSEVELT ST 7 t70-1743 71-159
7 350 ROOSEVELT ST 7 170-1743 71-159
7 551 THIRD AVE, NORTH BOUND LANE 6 170-1743 71-158
Jb~l
7 551 TIlIRD AVE, SOUTII BOUND LANE 7 170-1743 71-158
- 7 INTERSECTION OF FOURTII AVE AND '1' ST 9 166-1743 71.159
7 INTERSECTION OF FOURTII AVE AND VANCE ST 6. 170-1743 49.31
7 INTERSECTION OF TIiIRD AVE AND '1' ST (MIl ON WESTSIDE OF STREET) 9 166-1743 71-158
7 INTERSECTION OF TIiIRD AVE AND ALVARADO ST 7 t70-1743 71.t58
7 INTERSECTION OF TIlIRD AVE AND ROOSEVELT ST 7 170-1743 71.158
8 200 ALVARADO ST, CROSS STREET SECOND AVE 4 170-1743 71.158
8 250 ALVARADO ST, CROSS STREET DELMAR CT 8 170-1743 71.158
8 INTERSECTION OF SECOND AVE AND VANCE ST 8 170-1743 71-160
9 744 SECOND AVE 7 166-1743 71.159
9 745 CHURCH AVE 7 166-1743 71.158
9 INTERSECTION OF SECOND AVE AND '1' ST (MIl ON NORTII SIDE OF STREE 6 174-1743 71.158
9 INTERSECTION OF TIiIRD AVE AND 'K' ST 8 166-1743 71-157
9 INTERSECTION OF TIiIRD AVE AND KEARNEY ST 6 166-1743 71.158
10 "609 ARIZONA ST N/A - 162.1743
t1 INTERSECTION OF '1' ST AND ALPINE AVE (MIl ON NORTII SIDE OF STREE1 7 166-1743 71-158
t1 INTERSECTION OF '1' ST AND ELM AVE (MIl ON NORTII SIDE OF STREET) 8 t66-J743 7t-t58
IV. SEWER MANHOLE TO BE RELINED
BASE MAP DRAWING
PLAT NO. MIIWCATION MIl DEPTII, II NO. NO.
12 2 MH's ON OTA Y LAKES RD, EAST OF ST. CLAIRE DR "SEE PLAT 174-1773 85-693
t3 7 MH's ON HIDDEN VISTA DR, BETWEEN PARKSIDE DR AND SMOKEY cm "SEE PLAT t74-1755 81.103190-829
14 13MH's ONOTAY LAKES RD, EAST OF EASTLAKE PARKWAY "SEE PLAT 174-1779 90-425/85-691
3 1 MH NORTlIEAST OF 63 GLOVER COURT, IN BACK OF LOT 10 174-t743 56-27
"SEE PLAT FOR MANHOLE DEPTlI AT EACH MANHOLE
V. SEWER MANHOLE BASE RECONSTRUCTION
BASE MAP DRAWING
PLAT NO. MIIWCATION MIl DEPTII, II NO. NO.
I "5 BASE OF MANHOLE AT TIlIRD AVE AND 'G' ST I t4 I 170-1743 I 92.383
"" SEE PLAT NO. 15 FOR DETAIL OF SEWER MANHOLE BASE CONFIGURATION
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COMPUTER FILE NO.6SW90021.DWG PLAT # 4
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COMPUTER FILE NO.6SW90021.DWG PLAT # 6
DRA\JN BY, TITLE, CITY [f VIST PREPARED BY,
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DATE, SHEET 6 SEVER REHABILIT A TIDN PROGRAM, APPROVED BY,
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=0 ~
t2::I ~
:... ""'3 t::J
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551 THlRO AVENUE
<:"> ~ SErER MANHOLES TO
¡¡;: §; BE REPLACED(2)
~ ~ ~
:... ~ ~
~ :... ~ ~
~ ~
:...
~ :...
~
"r STREET
SErER IlANHOLE TO
BE REPLACED
~ SErER MANHOLE TO BE
c REPLACED ON rEST SIDE
~u~ ¡;;; OF INTERSECTION
:"<: ¡¡;: =0
~ ~ :...
~
PLAT # 7
CITY [f VIST PREPARED BY,
CESAR V. MAGBUHA T
SEVER REHABILIT A nON PROGRAM, APPR v D BY,
PHASE VII JIM R. HOLMES
/J. L
I
SErER MANHOLE 70 VANCE ìJ
BE REPLACED
Nor ro SCALE
~ STREET L
250 ALVARADO ST. ~
:-;I
SErER IlANHOLE TO ~ [¡
BE REPLACED =0
~ ~
ALVARADO STREET 2 (
200 ALVARADO ST. ê§ :... ~
SErER IlANHOLE TO ~
BE REPLACED
"H" STREET
Ok
:... ;Ó
:... ¡;;; -
SHASTA STREET ~. 13
. . . .
!~ ~~
'::î:- MANKATO ST.
~ ~
:J §: WHITNEY ST.
:... ~
~ :...
~
II "r I I STREET II
COMPUTER FILE NO.6SW90021.DWG PLAT # 8
DRA\JN BY, TITLE, CITY [f VIST
CESAR V. MAGBUHAT PREPARED BY,
DATE, SHEET 8 SEVER REHABILIT A nON PROGRAM CESAR V. MAGBUHAT
2-4-97 OF 15 SHTS. PHASE VII ' APPROVED BY,
JIM R. HOLMES
/ b -/?
I I I J
JI SErER MANHOLE 70 BE L-j
REPLACED ON NORTH
"J" SIDE OF INTERSECTION
STREET Nor ro SCALE
§;?
~ ~ ""'3
~ ~
""'3 ~ =æ::
""'3 ~
t::J §: c
SUER MANHOLE TO ~ ê§
BE REPLACED ST.
745 CHURCH AVE.
:... SErER MANHOLE TO :... 744 SECOND AVE.
~ BE REPLACED ~ :... :... SErER MANHOLE
:... ~ ~ TO BE REPLACED
~
L
SErER MANHOLE TO "K STREET
BE REPLACED
SAN MIGUEL
====::) SAN MIGUEL
DRIVE
===:J rm¡
SIERRA WAY
===:J SIERRA WAY C
PALOMAR DRIVE
~ L ] I
COMPUTER FILE NO.6SW90021.DWG PLAT # 9
DRA\JN BY, TITLE> CITY If VIST
CESAR V. MAGBUHAT PREPAR~D BY'
DATE, SHEET 9 SEVER REHABILIT A nON PROGRAM CE AR V. MAGOUHAT
2-4-97 OF 15 SHTS. PHASE VII ' APPROVED BY,
JIM R. HOLMES
"'-/1
J
t;; ¡j
~ Nor ro SCALE
§: ~ ~ §¡;:
~ ~ J~ b:> ;E §¡;: ~
::0 ::0
C') §: ~
~ c :... :...
=æ:: ~~~ ~~. t:::I to- ~ ~
:... :... ~ ?!:
~ ~ ~ ~ .....
"L" STREET
ARIZONA STREET STREET
609 ARIZONA ST.
SErER MANHOLE TO
BE REPLACED, BASE
TO BE RECONSTRUCTED
MOSS STREET
§: ~ WYKES Sf.
~
~ ~ ~
~ C') b:>
c CRESTED ::0
~. I
~
c
=0 -;
~ ~
:'ti
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""'3
:... ~ Nor ro SCALE
~ =0
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:...
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STREET :::::
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"J" STREET
~ :...
to-
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~ ~
~
:... :... :'ti ¡;;;
~ C'J
~ ""'3
:...
~ MILLAN COURT
===J
"K STREET
~~Íí 'ì
COMPUTER FILE NO.6SW90021.DWG PLAT # 11
DRA\JN BY, TITLE, CITY If VIST
CESAR V. MAGOUHA T PREPAR~D BY'
DATE, SHEET 11 SEVER REHABILIT A nON PROGRAM CE AR V. MAGOUHAT
2-4-97 OF 15 SHTS. PHASE VII ' APPROVED BY,
JIM R. HOLMES
/t-¡f
~~ SErER MANHOLES TO BE RELINED, PART OF BID ¡TEM I 14 J
JlH, TOP OF RIM ELEVATION INVERT ELEVATION DEPTH, FT. -I
1 491.75 476.53 15.22
2 503.00 4B9.65 13.35
Nor ro SCALE
LAKES
01'A"1
SErER MANHOLES TO
BE REUNED
COMPUTER FILE NO.6SW90021.DWG PLAT # 12
DRA\JN BY' TITLE, CITY If VIST PREPARED BY,
CESAR V. MAGOUHAT CESAR V. MAGOUHA T
DATE, SHEET 12 SEVER REHABILIT A nON PROGRAM, APPROVED BY,
2-4-97 OF 15 SHTS. PHASE VII JIM R. HOLMES
/¡. -.,2C
SErER MANHOLES TO BE LINED, PART OF BID ITEM' 14 I
MH I TOP OF RIll ELEVATION INVERT ELEVATION J¡EPTH, FT.
- I 317.60 307.80 9.80
2 316.12 305.62 10.50 ¡j
3 305.93 298.03 7.90
4 296.92 287.36 9.56
5 2B7.00 27B.70 B.30 Nor ro SCALE
6 270.29 262.13 8.16
7 253.02 245.17 7.85
/YINn ROSE MH 12
/YAY
~
~
~
COMPUTER FILE NO.6SW90o21 .DWG PLAT # 13
DRA\JN BY, TITLE: CITY If VIST PREPARED BY,
CESAR V. MAGOUHA T CESAR V. MAGOUHA T
DATE, SHEET 13 SEVER REHABILIT A nON PROGRAM, APPROVED BY,
2-4-97 OF 15 SHTS. PHASE VII JIM R. HOLMES
/j:; ~ c?-I
~
~ MH 112
Nor ro SCALE
SErER MANHOLES TO BE RELINED. PART OF BID ITEM # 14
IIH , TOP OF RIll ELEVATION INVERT ELEVATION DEf'TH, FT. &:::I
I 567.B6 559.93 7.93 è§
Q:;
2 579.26 572.12 7.14
2m - ~8.00 C')
3 58B.B6 578.74 10.12 ~
4 599.00 5B7.47 11.53 ~ MH 19
5 601.50 58B.B5 12.65
6 6OB.BB 599.97 B.91 >-.
7 613.43 603.87 9.56 ~
B 617.04 606.75 10.29 c
9 623.26 614.18 9.08 MH 17 MH 18
10 639.05 624,45 14.60
" 64B.I5 634.69 13.46
12 650.05 639.63 10.42
MH 16
MH 15
LANE AVENUE
MH 14
MH 13
MH 12 MH lZA
MH I'
EASTLAKE PKWY.
~ \ IPfA T # 14
COMPUTER FILE NO.6SW90o21.DWG
DRA\lN BY, TITLE, CITY If VIST PREPARED BY,
CESAR V. MAGOUHAT CESAR V. MAGBUHAT
DATE, SHEET 14 SEVER REHABILIT A nON PROGRAM, APPROVED BY,
2-4-97 OF 15 SHTS. PHASE VII JIM R. HOLMES
/~ ~:2..
- ~~
.:':':::":"":.'"::::'.::':.~. :..:.': '.':~:.::
.s.EC1@ "A-A" B"MEASURING FROM THE
BOTTOM OF THE 12"CHANNEL
(NO SCALE) SECTIO~ "B-B"
u.J I , I (NO SCALE) I
~~I I
=t: > I j
t- <:I:
Nor ro SCALE
EXIST. B" VCP
DETAIL
SEWER MANHOLE CONNECTION
INTERSECTION OF "G" ST. & THIRD AVE.
(NO SCALE) PLAT # 15
COMPUTER FILE NO.6SW9oo21.DWG
DRA\JN BY, TITLE, CITY If VIST PREPARED BY'
CESAR V. MAGOUHAT CESAR V. MAGOUHA T
DATE, SHEET 15 SEVER REHABILIT A nON PROGRAM, APPROVED BY,
2-4-97 OF 15 SHTS. PHASE VII JIM R. HOLMES
It -,¿,:J
05/10/1gg5 23: 43 g428232 E'x:/t¡íl?i+ ß PAGE 02
DIETRICH CORPORATION
General Enginf ~ring Contractors
1M3 Greeafteld Dr., Suite H 819-447-4800
El C.vOD, California 92021 Lie. 'A.S94169 Fa ¡ 819-447-7887
June 5, '997
City of Chula Vista
Engineering Department
276 Fourth Avenue
Chula Vista CA 9'9'0
Attn: Ben Herrera
Re: Sewer Rehab Phase VII
Regarding our conversation of yesterday about the manhole
bases, if the bases are in good shape, and we can remove
and restack the manhole with new material, the cost per
manhole would be reduced $350 each"
In addition to decreasing the cost, this would speed
things up considerably, causing less disturbance of
traffic and general inconvenience for the public"
If the bases need touching up with epoxy grout, we would
include this at that price"
~
Ed ~oemake -'
Vice President
EJS;bjg
It--e2'(
£')G¡.".",¡t c......
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of cenain ownership or fmancial interests, payments, or campaign contributions,
on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official
bodies. The following information must be disclosed:
1. List the names of all persons baving a fmancial interest in the propeny whicb is the subject of the application or the Contract,
e.g., owner, applicant, Contractor, subcontractor, material supplier.
D¡,..Jr,~ Ce7r t' r~.:I"'I"DLJ
2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partnership.
~',.~rj UI17+-I"'.1.
3. If any person" identified pursuant to (1) above is non-profit organization or a 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.
4. Have you had mOre than $250 wonh of business transacted with any ~ber of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes - No - If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City in this matter.
~\~,u,j) 'D1b,,\'
~..."e.. Tka.\-c.'r-.I?(-
fJ 'S. h 0 <2 ¥'I\Cl- \: e í
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes - No ..:::::'If yes, state which Council members(s):
Date: iÐ /<4 '11 vf
, ignature of Contractor/Applicant
£dwlit. :J S. hoE'M.""ke r llf'
Print or type name of Contractor/Applicant
" Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, froternal organization,
corporalion, eSIale, lruSI, receiver, syndicale, this and any other county, city or country, city municipality, disiricI, or olher POlilicol
subdivision. or any olher group or combination octing as 0 unit. / þ'-- ~
17
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/24/97
ITEM TITLE: Resolution 18"?2qpproving Agreement among National City, Chula
Vista and Pacific National City Holdings for the provision of sewer service
to a McDonald's restaurant through the City of Chula Vista facilities
SUBMITTED BY: Director of Public W orkslk ~
REVIEWED BY' c¡" M""""J(;¡ ~ 69n (415"" Vo,"" Y~- NoJU
Pacific National City Holdings, LP., submi a sh:plan to the City, showing the development
of a McDonald's restaurant, located at the northwest comer of Brisbane Street and North Fourth
Avenue. During the course of the plan review it was determined that no National City sewers are
available to the site. Consequently, sewer service would have to be provided through Chula
Vista's facilities. This agreement provides for the necessary service to be provided by Chula
Vista.
RECOMMENDATION: Approve the resolution authorizing the Mayor to sign the agreement
on behalf of the City of Chula Vista and direct the City Clerk to record said resolution, and, after
recording, to transmit certified copies of the documents to the developer and the City of National
City.
BOARDS/COMMISSIONS RECOMMENDATIONS: No Boards or Commissions actions or
consideration are needed in this matter.
DISCUSSION:
The old Dixieline property on North Fourth Avenue lies within the boundary of the City of
National City. As part of the current redevelopment of that property, a McDonalds restaurant is
being built on the southeast corner of the parcel. The nearest public sewer available to the
building is a ten-inch diameter main located in North Fourth Avenue, owned and maintained by
the City of Chula Vista.
In order for the restaurant to be connected to the Chula Vista sewer, it is necessary for the
developer (pacific National City Holdings), the City of National City and the City of Chula Vista
17-/
Page 2, Item-
Meeting Date 6/24/97
to enter into an agreement (copy attached). The agreement provides for specific responsibilities
of each party, as listed below:
A- Developer responsibilities
I. Extend a sewer lateral from the new building to the property line under a permit
issued by National City and bear the full cost thereof.
2. Be responsible for the repair and maintenance of the sewer lateral from the
building to Chula Vista's sewer main in North Fourth Avenue.
3. Install a grease interceptor in the above lateral and, if determined to be necessary
by the developer's engineer, a backflow preventer between the building and the
sewer maID.
4. Obtain a permit from Chula Vista for the conduct of any necessary future repair
or maintenance work within Chula Vista right of way or easement.
5. Pay normal Sewer Capacity and Connection Fees to the City of Chula Vista as
determined by the ChuIa Vista City Engineer.
6. Pay ongoing Sewer Service Charges to the City of Chula Vista.
7. Inform the City of Chula Vista when the water service account has been transferred
to McDonald's Restaurant. This point in time shall establish the inception date
of sewer service charges.
8. Hold Chula Vista and National City harmless from any claims for property damage
or injury resulting from the construction of the sewer connection.
B National Citv Responsibilities
I. Withhold issuance of a building permit for the building until proof of payment of
all Chula Vista fees has been provided by developer.
C Chula Vista Responsibilities
I. Establish and collect Sewer Capacity Fees, Connection Fees and ongoing Sewer
Service Charges.
/7---;L
Page 3, Item-
Meeting Date...5L6L2L
2. Provide capacity in the San Diego Metro Sewer System and Spring Valley Outfall
Sewer.
This action is similar (conversely) to the Food-4-Less Supennarket development on 30th Street,
which was built in Chula Vista, but, due to the lack of a Chula Vista sewer in the vicinity, was
required to connect to National City's sewer. A three-way agreement providing for this
connection was prepared and executed in January, 1995.
Pacific National City Holdings, LP. and the City of National City have both approved and signed
the agreement, which is now submitted for approval by the Chula Vista City Council. With this
approval, the McDonald's restaurant project will be able to proceed to completion.
The City of ChuIa Vista's City Attorney has reviewed and approved the agreement.
FISCAL IMPACT: All construction activities connected with this project, the connection in
particular, will be funded by the developer, who is also responsible for paying all fees, including
sewer service, assessed by Chula Vista. As stated in the agreement, Chula Vista will begin billing
for sewer service charges as soon as it is infonned that the water service account has been
transferred from the Pacific National City Holdings, LP. to McDonald's restaurant. The method
of charge shall be the same as that for properties being serviced within the City limits.
Attachments: Exhibit" A" - Locator Plat NOT SCANNED
'\ Agreement executed by City of National City and Developer
Copy of Resolution of the City Council of National City NOT SCANNKD
JGA/JWHlRLD
Engineering File No. 0790-05-KY-O54
0400-04-KY -013
[H:IHOMEIENGINEERIAGENDAIMCDONALD.I13]
June 13. 1997 (lO:22am)
/7---;5
RESOLUTION NO. /ð"?:zo
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT AMONG NATIONAL
CITY, CHULA VISTA AND PACIFIC NATIONAL CITY
HOLDINGS FOR THE PROVISION OF SEWER SERVICE TO
A McDONALD'S RESTAURANT THROUGH THE CITY OF
CHULA VISTA FACILITIES
WHEREAS, Pacific National City Holdings, L.P., submitted
a site plan to the City, showing the development of a McDonald's
restaurant, located at the northwest corner of Brisbane Street and
North Fourth Avenue; and
WHEREAS, during the course of the plan review, it was
determined that no National city sewers are available to the site;
and
WHEREAS, consequently, sewer service would have to be
provided through Chula Vista's facilities and this agreement
provides for the necessary service to be provided by Chula Vista.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve Agreement among National
City, Chula vista and Pacific National City Holdings for the
provision of sewer service to a McDonald's restaurant through the
City of Chula Vista facilities, a copy of which is on file in the
office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
~~~k
John P. Lippitt, Director of John M. Kaheny, City Attorney
Public Works
C:\rs\lcdonald.sew
/7-"(
EXHIBIT A
~
~
I H ~
~
B
11
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0
~i
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~ ß ß ~ ~ ~$Q
~ :-i ~ (]>-
a -;
.....-.........-........- "~ClTY CF NAìlONAL CITY
CITY OF CHULA \lIST"
- 0
~~= B<.\<;;T", 1011 VIA, SE'NEfC" M.ÅIN
~?
~
7' NORTH FOURTH AVE
/7--5
-O"-%
.' t'
Recording requested
CITY OF CHULA VISTA
--
When Recorded mail to:
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CA 91910
ATTN: CITY CLERK
Return Mailing Information Recorder's Use
APN(s) 562-323-28 C.V. File No. 0790-35-PA-003
AGREEMENT AMONG THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, AND
PACIFIC NATIONAL CITY HOLDINGS, L.P., A CALIFORNIA LIMITED PARTNERSHIP,
FOR THE DEVELOPMENT OF A MCDONALD I S RESTAURANT WITHIN NATIONAL CITY AND
ITS CONNECTION TO THE CHULA VISTA SEWER SYSTEM
THIS AGREEMENT, made and entered into the thirteenth day of
June , 1997, by and among the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "Chula Vista", the CITY OF
NATIONAL CITY, a Municipal corporation hereinafter called "National
City", and PACIFIC NATIONAL CITY HOLDINGS, L.P., A CALIFORNIA LIMITED
PARTNERSHIP hereinafter called "Developer".
WIT N E SSE T H:
WHEREAS, developer wishes to develop the lot at Assessors Parcel
Numbers 562-323-28, known as 3420 Highland Avenue, National City,
located at the northwest corner of Brisbane Street and North Fourth
Avenue, with a McDonald's restaurant, and
WHEREAS, there are no National City sewer mains that can feasibly
provide sewer service to the McDonald's restaurant and
/?1?//-
WHEREAS, Chula Vista owns and operates an existing la-inch
diameter sewer main in North Fourth Avenue; and
WHEREAS, this agreement shall establish the rights, privileges and
duties of the parties concerning the use of Chula Vista's system and
the construction and maintenance of the connection to said system;
NOW THEREFORE THE PARTIES HERETO AGREE as follows:
SECTION 1 CONNECTION AND ENGINEER'S APPROVAL
(a) The plans and specifications for any work within North Fourth
Avenue required for the Pacific National City Holdings' property, which
includes the McDonald's restaurant, shall be approved by the City
Engineer of Chula Vista.
(b) Developer, at its sole expense, shall perform and bear the
cost of extending a sewer lateral to the McDonald's restaurant
building. Developer shall obtain a plumbing permit from the City of
Nstional City for this work. Developer shall be responsible for the
repair and maintenance of the lateral from the building to the point of
connection to Chula Vista's sewer main in North Fourth Avenue.
(c) Installation of the proposed sewer lateral from the building
to the property line serving the McDonald's restaurant shall include a
grease interceptor, and may also include a backflow preventer as
determined by the responsible engineer under contract with Pacific
National City Holdings or McDonald's restaurant, all upstream of the
connection point to the existing 6-inch diameter lateral, which extends
from the property line to the existing la-inch diameter sewer main in
North Fourth Avenue.
H,\...\HcDONl\1.D.AGR Page 2 of 7
/7-1
-'
(d) The developer shall not construct the lateral extending from
the property line to the building, nor shall the developer utilize the
existing 6-inch diameter lateral extending from the property line to
the existing la-inch diameter sewer main in North Fourth Avenue, until
this agreement has been approved by the Ci ty Council of Chula Vista.
A permit shall be required from the City of Chula Vista prior to any
repair/maintenance work in Chula Vista right-of-way, which includes the
existing 8-foot wide easement for street purposes on the west side of
North Fourth Avenue.
(e) Sewer Capacity and Connection Fees shall be based on the fees
normally assessed by Chula Vista. The amount of the respective fees
shall be determined by the City Engineer of Chula Vista prior to
issuance of a building permit by the City of National City for the
proposed development.
SECTION 2 COLLECTION OF FEES
(a) All Sewer and Connection Fees for the McDonald's restaurant
shall be payable to and will be collected by Chula Vista. Applicant
shall be required to provide to National City proof of payment of all
fees prior to issuance of the National City building permit.
(b) Pacific National City Holdings, L.P., shall inform the City
Sewer Billing of Chula Vista when transfer of the water service account.
has occurred from Pacific National City Holdings, L.P. to McDonald's
restaurant. This point in time shall establish the inception date of
sewer service charges.
(c) Chula Vista shall be responsible for the establishment and
collection of the sewer service charges for the McDonald's restaurant.
Such charges shall be payable to Chula Vista. Chula Vista shall be
N,\. .\HcDONIUJ).AGR Page 3 of 7
/ l-!š"
solely responsible for payment of all expenses not directly billed to
Pacific National City Holdings, L.P., or McDonald's restaurant for the
transportation, treatment and disposal of wastewater discharged from
the Pacific National City Holdings, L.P. property. The capacity in the
Metropolitan Sewerage System owned by Chula Vista shall be used to
serve only the McDonald's restaurant within the Pacific National City
Holdings property.
SECTION 3 MAINTENANCE OF 6 - INCH SEWER LATERAL
Developer shall operate, maintain and repair the 6-inch 'sewer
lateral serving the Pacific National City Holdings, L.P. property from
the building to the point of connection to Chula Vista's sewer main in
North Fourth Avenue. Prior to any work in the City of Chula Vista
right-of-way, including the existing B-foot wide easement for street
purposes which exists on the west side of North Fourth Avenue, the
Developer shall obtain a construction permit from Chula Vista.
SECTION 4 AREA TO BE SERVED
Only the aforementioned McDonald's restaurant, which is within the
National City city limits, shall be served by Chula Vista sewers under
the terms of this agreement. Chula Vista and National City agree that
for purposes of this agreement the boundaries, extent and limit, shall
be as delineated on the plat attached hereto and marked Exhibit "A"
which by this reference is made part of this agreement.
SECTION 5 HOLD HARMLESS
Developer agrees to protect, defend, indemnify and hold harmless
Chula Vista and National City and their agents and employees from any
claims, liabilities, penalties or fines for injury to or damage to any
M. \... \McDONALD.AGR Page 4 of 7
/7-(
..
person or property or for the death of any person arising from or out
of any act or omission of Developer, its agents, officers, employees or
contractors, arising from or out of any defects in the installation,
construction, repair, replacement or reconstruction of facilities being
constructed as part of this development.
SECTION 6 TERM OF AGREEMENT
This agreement shall take effect immediately upon the execution
by the parties hereto and shall continue for a period of 20 years, or
the period of time for which the Chula Vista sewer line remains
operational, whichever is longer.
SECTION 7 AUTHORITY
Each party represents that is has full right, power and authority
to execute this agreement and to perform its obligations hereunder
without the need for any further action, and that the parties executing
this agreement on behalf of such party are duly authorized agents with
authority to do so.
SECTION 8 SUCCESSORS TO AGREEMENT
This sewer agreement shall be binding upon, and shall inure to the
benefit of successors, heirs, executors, administrators, agents, and
assigns of Pacific National City Holdings, L.P., the property owners,
or the applicant.
IN WITNESS THEREOF, the parties hereto have caused this agreement
to be executed by their respective officials.
M'\. .\McDON>.LD.AGR Page 5 of 7
/ 7-/Ô
.
,
Signature Page To
Agreement between the City of Chula Vista, the City of National City
and Developer for the use of Chula Vista's Sewer.
h
IN WITNESS WHEREOF, the City of Chula Vista, the City of National
City and Developer have executed this Agreement thereby indicating that
they have read and understood same, and indicated their full and
complete consent to its terms:
Dated: 1997 City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
------------------------------------------------------------------
Dated: May 21, 1997 , 1997 City of National City
BY'~a.V~
George aters, Mayor
APPrO~ t/Jo~~: ~
George Eiser, City Attorney
------------------------------------------------------------------
Dated: iø\\~ , 1997 Pacific National City Holdings, L.P.
a California Limited Partnership
By: City Assets, Inc.
.
By:
Jo President
M,\...\McDON>.LD.AGR
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907
State of (! fl.L- / FtJ R.J..J II'r-
County of S/1-.J b'Ejô
On J V).J E- 3, 19?pefore me, L !b~LI
DATE J, j{) NAME. TITLE OF OFFIC . E.G.;::)DOE. NDTAAY BLlC"
personally appeared Ð I/iJ ,Cff1rIY/I3U L ~/ ,
~ NAME(S) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(st-Whose name(~s/are-
subscribed to the within instrument and ac-
knowledged to me that he/sAefthey executed
the same in his/h~ authorized
r ~ - - ~ - L~:~: ~ ~ t capacity(iee-}-, and that by his/~ir
signature(sr on the instrument the person(sf":
~ @ ~c:c::~ f or the entity upon behalf of which the
z ~ DIEGO COI.tI1Y - person(~ acted, executed the instrument.
J - ~ - -~~.~_~21:1~ J
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTl.E(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-iN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OA ENTITY(IES)
j?~/..2 SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION' 8236 Remme' Ave" P.O. Box 7184" Canoga Park. CA 91300.7184
Exhibit List to Agreement
(x) Exhibit A: Sewer Lateral Connection at North Fourth Avenue
"'\...\HcDDNALO.AGR Page 7 of 7
/ 7-(3
COUNCIL AGENDA STATEMENT
Item j r
Meeting Date~
ITEM TITLE: Resolution /2"?,}, / Accepting bids and awarding contract for "C"
Street Sewer Main Extensionfrom Del Mar Avenue to 350 fret Easterly, in
the City ofChula Vista, CA (SW-213), and authorizing the City Manager or
his designee to excute scheduled payment reimbursement agreements.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: Ci", M~g~ J;;¡ "'ð ~ (4/5ths Vote: Yes_NoX)
At 2:00 p.m. on June 11, 1996, in the Public Services Building, the Director of Public Works
received sealed bids for "C" Street Sewer Main Extension from Del Mar Avenue 10 350 fret
Easterly, in the City ofChula Vista, CA. (SW-213)
RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract
to Basile Construction, Inc. in the amount of $27,990.50, and authorize the City Manager or his
designee to excute scheduled payment reimbursement agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: On February 25,1997, the Public Works Department received a letter from
John and Cheryl Lopez, the property owners at 224 "c" Street, requesting help from the City of
Chula Vista regarding a sewer problem they were experiencing at their place of residence. The
Lopezes were infonned by Modem Septic Service that their existing septic tank system, which has
served their property since 1962, had failed. The owners have found it necessary to have their septic
tank pumped at least once a month. The Lopezes applied to the City to connect to the public sewer
system, but there was no sewer line in front of or adjacent to the subject property. The closest public
sewer main was an existing line starting at the intersection of"C" Street and Del Mar Avenue, 350
feet west of the residence (see attached Exhibit "A"). The City, in the past, foresaw the need to
extend that existing sewer line in the future, and had an existing 8-inch pipe stubbed out of the
manhole in an easterly direction.
The Lopez's sewer problem triggered the need to add a new CIP project to the proposed 97-98
Capital Improvements Program. This project would include the installation of an 8-inch sewer main
in "c" Street from Del Mar Avenue to 350 feet easterly and the installation ofa sewer lateral to serve
the subject property. Three other properties, adjacent to the subject property, could connect to the
sewer main at a future date. The new project was added to the 97-98 CIP on March 31,1997. The
estimated cost of the project was $62,000.00 including design, construction and general
administration. Project funding is available through the Trunk Sewer Capital Reserve Fund. This
funding would be repaid via reimbursement district payments when the properties in the district,
being the subject property and the three other adjacent properties, connect to the new sewer main.
Because of the substantial costs to each property, staff proposes to establish payment schedules for
IF' '/
Page 2, Item-
Meeting Date 6/24/97
with appropriate interest, under individual agreements. Staff recommends that, by adoption of the
subject resolution, Council authorize the City Manager or his designee to execute these agreements
on behalf of the City, therefore eliminating the need to return to Council with each of them.
Recently, the Director of Public Works was contacted again by the Lopezes in an attempt to speed
up the process of constructing the sewer main. In addition to the failure of their existing septic
system, the Lopezes had their waste water rise to the surface of their yard and adjacent slopes to
neighboring properties, creating both health and odor problems. To expedite the process of
constructing the project, the Director of Public Works forwarded a memo to the City Manager
proposing to undertake an emergency project procedure to construct the sewer main instead of
following the nonnal CIP project routine. The plan was to complete the improvement plans and
specifications within the month of May, obtain infonnal bids from three selected contractors, and
award a contract to the lowest bidder before the end of June. Furthennore, upon concwring with the
Director of Public Works, the City Manager provided notice to the Council under the City Manager's
Report at the City Council's meeting of May 20,1997 in order that any Council direction to alter the
proposed course of action would be as timely as possible.
The engineering staff completed plans and specifications during the month of May. Staff requested
infonnal bids from four responsible contractors by June II, 1997. On the bid opening date, bids
were received from the three contractors as follows, in order of the lowest bid first:
CONTRACTOR
The low bid received from Basile Construction, Inc. is below the Engineer's estimate amount of
$34,000.00 by $6,009.50 or 17.7%. The Engineer's estimate was based on prices received for
similar work in the last several years. Basile Construction has previously done CIP project work for
the City and their work has been satisfactory. We have reviewed the low bid and recommend
awarding the contract to Basile Construction, Inc.
Prevailing Wage Statement
This project is funded by the Trunk Sewer Capital Reserve Fund. No prevailing wage requirements
were necessary or a part of the bid documents. Compliance with Federal and State minority/women
owned business requirements was unapplicable on this project.
Environmental Status
The City's Environmental Review Coordinator has detennined that this project is categorically
exempt under Class 3(d) of the California Environmental Quality Act guidelines.
Disclosure Statement
Attached is a Disclosure Statement executed by the Contractor.
/ o"e2.
Page 3, Item-
Meeting Date~
Disclosure Statement
Attached is a Disclosure Statement executed by the Contractor.
Financial Statement
FUND REQUIRED TO AWARD CONTRACT
1. Contract Amount $27,990.50
2. Design and Inspection Staff (approximately 25%) $7,000.00
3. Contingencies (approximately 20%) $6,009.50
TOTAL FUNDS REQUIRED FOR CONTRACT $41,000.00
FUNDS AVAILABLE TO AWARD CONTRACT
1. "C" Street Sewer Main Extension (SW-213) I $41,000.00
TOTAL FUNDS AVAILABLE TO A WARD CONTRACT I $41,000.00
FISCAL IMPACT: This project was proposed as part of the 97-98 CIP. Funds appropriated for
the administration, design and construction of the project would be repaid via reimbursement district
payments when the properties in the district are connected. No funds will be expended, before July
1, 1997. Therefore, it is not necessary to appropriate funds with this action since the 1997-98 budget
will be in place within six days.
Budgeted CIP funds not spent will be returned to the sewer fund upon completion of the project.
Attachments: Contractor's Disclosure Statement NOTSCANNED
Exhibit "A"
MA:SW213
M: \II 0 MEIEN G INEER \AGENDA Isw 213ag.ma
June \3, 1997 (4:09pm)
/ JY-:J
RESOLUTION NO. J~~;21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "c" STREET SEWER MAIN EXTENSION
FROM DEL MAR AVENUE TO 350 FEET EASTERLY, IN
THE CITY OF CHULA VISTA, CA. (SW-213)", AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE SCHEDULED PAYMENT REIMBURSEMENT
AGREEMENTS
WHEREAS, at 2:00 p.m. on June 11, 1997 in the Public
Services Building, the Director of Public Works received the
following three bids for "c Street Sewer Main Extension from Del
Mar Avenue to 350 Feet Easterly, in the City of Chula Vista, CA
(SW-213). ":
CONTRACTOR BID AMOUNT
1. Basile Construction, Inc., San $ 27,990.50
Diego
2. ortiz Corporation, Chula vista $ 34,800.00
3. MJC Construction, Chula vista $ 49,150"00
WHEREAS, the low bid received from Basile Construction,
Inc. is below the Engineer's estimate amount of $34,000.00 by
$6,009.50 or 17.7%. and Basile Construction has previously done CIP
project work for the City and their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and recommends
awarding the contract to Basile Construction, Inc.
WHEREAS, this project is funded by the Trunk Sewer
Capital Reserve Fund and no prevailing wage requirements were
necessary or a part of the bid documents; compliance with Federal
and State minori ty /women owned business requirements was
unapplicable on this project; and
WHEREAS, the City's Environmental Review Coordinator has
determined that this project is categorically exempt under Class
3(d) of the California Environmental Quality Act guidelines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept the bids and award the
contract for "c" Street Sewer Main Extension from Del Mar Avenue to
350 feet Easterly, in the City of Chula Vista, Ca" (SW-213) to
Basile Construction, Inc. in the amount of $27,990.50.
1
lo~r
BE IT FURTHER RESOLVED that the City Manager of the City
of Chula vista or his designee is hereby authorized to execute
scheduled payment reimbursement agreements for and on behalf of the
City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\sewer.cst
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_?----- THE CITY OF CHULA VISTA DISCLOSURE STATEMERr
",aU are required to file a Statement of Disclosure of certain ownership or fmancial intereStS, paymems, or campaÎI!D comribarioas, on
. all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies.
The following infonnation must be disclœed:
1. List the names of all persons having a financial interest in the property which is the subject of_application or the Contract,
e.g., owner, applicant, Contractor. subcontractor, material supplier.
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2. If any person. identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more
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director of the non-profit organization,or as trustee or beneficiary or b'DStor of the trust.
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4. Have you had more than $250 worth of business transacted with ftmber of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes - No If yes, please indicate person(s):
S. Please identify each and every peÌ'son, including any agents, employees, consultants, or independent ConIractors who you have
assigned to represem you before the City in this matter.
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6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in thecurrem
or preceding election period? Yes - No£.. If yes, state which Council members(s):
. . . (NOTE: Attached additional pages as necessary) . . .
Date: -JvL£1€.- iI, \971 ðA'-L ~~
Signature of Contractor! Applicant
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Print or type name o( Contractor! Applicant
. flœm is defined as: "Any individual, firm, co-portneT$lùp, joint venture, assodation. soooI club, fratemoI orgonizarion, corporation.
estate, trust, receiver, ryndicate, this and any other county, ciry or counlry, ciry nwnicipoIiry, district, or other politicoI subdivision,
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/24/97
ITEM TITLE: Resolution) 3'? »-SummariIy vacating the existing grading easement
in Lots 49 through 55 ofChula Vista Tract No. 88-1, Rancho Del Rey, Phase
4, Unit 3.
SUBMITTED BY: Di_~ of }>"blie W~k'f ~
hn
REVIEWED BY: City Manager ~ ~ -? (4/5ths Vote: Yes_NoX)
In conjunction with the development of Rancho Del Rey Subdivision, Phase 4, Unit 3, the developer
granted a grading easement at the rear of seven lots in order to extend the slopes to meet the grades
of a future development adjacent to this subdivision. The slope work has been completed and the
grading pennit signed off. The grading easement, therefore, is no longer needed and may be
vacated.
RECOMMENDATION: That Council adopt a resolution ordering the summary vacation of the
grading easement and direct the City Clerk to transmit resolution to the County Recorder for filing.
BOARDS/COMMISSIONS RECOMMENDATION: No Boards or Commissions action is
needed in this case.
DISCUSSION:
Recently, the owner of the property at 558 Padrone Place came to the Engineering Division counter
with a Building Pennit to place a retaining wall in the rear portion of the lot. Upon researching the
subdivision map that created the lot, it was discovered that the wall was proposed to be built within
a Grading Easement granted to the City for future grading for the adjacent subdivision. In lieu of
requiring the owner to obtain an Encroachment Pennit, staff decided to initiate the vacation of the
Grading Easement. This vacation action will nullify the easement located on seven lots in the
subdivision.
On May 5,1989, the final map for Chula Vista Tract No. 88-1, Rancho Del Rey, Phase 4, Unit 3,
was approved. As a part of the approval process, Rancho Del Rey Partnership, the developer of the
subdivision, granted a grading easement to the City. This easement was needed to allow the future
extension of a slope at the back of Lots 49 through 55 once a subsequent development took place
adjacent to those lots. The easement was accepted by the City Council with the approval of the
subdivision map.
19-/
Page 2, Item-
Meeting Date 6/24/97
The map for Rancho Del Rey, SPA II, Phase I, Unit I subdivision was approved on September 21,
1990, and the construction of the slope extension of Lots 49 through 55 was completed in
conjunction with this adjacent subdivision. The grading pennit was finalized on April 22, 1997.
Since all grading work in that area has been completed and accepted by the City, the grading
easement is no longer needed, and staff proposes that it be vacated.
In accordance with Part 3 (Public Streets, Highways, and Service Easements Vacation Laws),
Chapter 4, Article 2, § 8335 of the California Streets and Highways Code, the resolution ordering
the subject summary vacation should contain the following statements:
1. The vacation is made under this chapter;
2. The name or other designation of the easement and a precise description of the
portion vacated.
3. The facts under which the summary vacation is made.
4. That from and after the date the resolution is recorded, the vacated easement no
longer constitutes an easement.
No negative environmental impacts are anticipated by this action. Therefore, no Initial Study or
similar action is necessary.
There are no public utilities within the subject grading easement which would prevent Council from
summarily vacating this easement, as is one of the limitations contained within the Streets and
Highways Code.
This action affects seven properties within Rancho Del Rey, Phase 4, Unit 3. All owners of the
affected properties have been notified of this pending Council action. In that notification, they were
given until June 13, 1997, to respond with any concerns. No comments have been received.
FISCAL IMP ACT: Minor expenditure (less than $500) out of the General Fund by City for staff
time preparing this agenda statement and processing the vacation.
Engineering File: 0740-70-PV071
Attaclunents: Exhibit "A" - Plat showing easement
Resolution
[H: \II 0 ME\EN 0 INEER IA OEND AlA OND A OR. MA]
May 30, 1997 (1I:18am)
/j-2/ /Cj-3
EXHIBIT "A"
In the City ofChula Vista, County of San Diego, State of Cali fomi a, all of that grading easement
located on Lots 49 through 55 of Map No. 12368, Chula Vista Tract No. 88-1, Rancho Del Rey,
Phase 4, Unit 3, recorded in the San Diego County Recorder's Office on May 5, 1989, as File
No. 89-239676.
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OWN BY: MAJEj) A.
.5;.Z8- 97
DATE:
RESOLUTION NO. /f5?2 ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUMMARILY VACATING THE EXISTING
GRADING EASEMENT IN LOTS 49 THROUGH 55 OF
CHULA VISTA TRACT NO. 88-1, RANCHO DEL REY,
PHASE 4, UNIT 3
WHEREAS, in conjunction with the development of Rancho
Del Rey Subdivision, Phase 4, Uni t 3, the developer granted a
grading easement at the rear of seven lots in order to extend the
slopes to meet the grades of a future development adjacent to this
subdivision; and
WHEREAS, there are no public utilities within said
easements; and
WHEREAS, the City's Environmental Review Coordinator has
determined that no negative environmental impacts are anticipated,
therefore, no initial study is necessary; and
WHEREAS, the slope work has been completed and the
grading permit signed off; and
WHEREAS, the grading easement, therefore, is no longer
needed and may be vacated; and
WHEREAS, section 8333 of the California Streets and
Highways Code allows the City Council to summarily vacate a public
service easement when the circumstance stated above exists.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby summarily vacate the existing
grading easement in Lots 49 through 55 of Chula vista Tract No. 88-
1, Rancho Del Rey, Phase 4, unit 3.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this resolution after the above conditions have
been met, and from and after the date the resolution is recorded,
the easement vacated no longer constitutes an easement.
Presented by Approved as to form by
J(&' K~i~
John Po Lippitt, Director of
Public Works Attorney
C,\"\,,,.te2.0um
/9-6
City Council Agenda Statement Item c2/c
Meeting Date 6/24/97
ITEM TITLE: Prioritization of PVEA Funding Requests and Separation of BECA Proposal
Components.
SUBMITTED BY: Legislative Committee ~~ (4/5th Vote: Yes- No-X.)
Attached for your prioritization are the City's current Petroleum Violation Escrow Account (PVEA)
funding requests, as submitted to the California State Legislature. In addition, there has been a request
to separate the components of the current BECA proposal for PVEA funding.
RECOMMENDATION: That the Council review and prioritize the City's funding requests, and
separate the three components of the BECA proposal.
BOARD/COMMISSION RECOMMENDATIONS: Not applicable
DISCUSSION
The City of Chula Vista has submitted a total of $1.545 million in PVEA funding requests to the State.
PVEA is a California Energy Commission-administered fund which is used to support energy saving
projects and programs throughout the state. As of 6/18/97, the CEC had received funding requests in
excess of $150 million, far more than the $15 million projected to be available for allocation.
To date, the City's legislators have expressed support for the City's PVEA proposals. Based on their
influence in the Legislature and on the Budget Committee, it is likely that Chula Vista will fare well
in the competition for funds. However, with the potential for last-minute compromises and negotiations
in Sacramento as the Legislature works to finalize a PVEA package, it would be beneficial to city staff
to know the priority ranking of the projects submitted by the City for funding. The City's Legislative
Advocate recommends this course of action.
Both Metallic Power and Councilmember Rindone recommend separating the Metallic Power
component of the BECA project ftom the rest of that proposal. The size of the existing BECA proposal
($995,000) is substantial enough that staff believes the individual components of that proposal have a
greater likelihood of receiving some - if not all - of the requested funding than the proposal as a whole.
Finally, the City's Deputy City Manager and Environmental Resources Manager report that the proposal
to replace red ball or red arrow fixtures throughout the city with light emitting diode (LED) fixtures can
be funded this year at much lower prices than originally anticipated by partnering in a larger contract
with the City of San Diego. In addition, by acting this year, the City will be able to take advantage of
special rebates offered by San Diego Gas & Electric Company, resulting in the new system paying for
itself in slightly less than two years. Waiting for PVEA monies, which would not be made available
to the City until 1998, would prevent Chula Vista ftom being able to take advantage of the SDG&E
rebate. As a result, staff would recommend that this project be placed on the bottom of the City's
priority rankings for PVEA funding.
eJJc-/
PVEA Project Prioritization, page 2
Meeting Date 6/24/97
Staff Recommended Rankim¡:s
(1) Metallic Power $700,000
(2) Telecenter $300,000
(3) Emission Reducing Land Use Policies $50,000
(4) BECA Proposal $290,000
- Technology Showcase
- Partnership with UCSD
(5) LED Fixture Installation $200,000
These rankings are based on:
. Need for funding (LED fixtures can be funded by other means and are therefore recommended
as the lowest priority item; Metallic Power and Telecenter are cuITently dependent on grant
funding to maintain present activities)
0 Continuation of existing programs (Metallic Power and Telecenter are on-going programs which
Council has consistently supported, and which have received California Energy Commission
support in past years)
0 Other/new city proposals (the Emission Reducing Land Use Policies are new proposal that
would help implement part of the Council-adopted CO, Reduction Policies; the Technology
Showcase and UCSD partnership/visiting professors program are new proposals to build on the
City's BECA program, with the potential to assist emerging technologies improve CUITent levels
of market penetration)
FISCAL IMPACT:
Undeteffi1ined, depending on the amount of PVEA funds allocated to the Chula Vista by the State. At
this point, staff is not recommending that our request be cut, just that priorities be clear in case last-
minute legislative compromises are necessary.
Attachments: PVEA Funding Requests as submitted in March 1997
c:\...\priority.pve
02)c---2
1997 PVEA FUNDING REQUEST - City of ChuIa Vista
Chula Vista Telecenter Project
The funding request for this project is $300,000.
The telecenter concept was first implemented in Chula Vista in September of 1994. The
project was launched to provide employers and employees with an alternative means of
telecommuting. The telecenters are equipped with an on-site manager, computers, fax
machines, modems, and video conferencing capability. Use of these telecenters reduces the
number of vehicle miles traveled, the amount of pollutants being put into our air, as well as
congestion on our streets and highways.
Since the program began 29 months ago, a reduction of more than 160,000 Vehicle Miles
Traveled can be attributed to Chula Vista's two telecenters. It is estimated that this program
has eliminated more than 5,300 automobile trips each year. These telecenters provide service
to men and women who live 30 or even 90 miles from their workplace, but only about two
miles from a telecenter. They offer employers an increased ability to accommodate
wheelchair-bound or other special needs employees, and result in a reduced need for
workspace, reduced absenteeism and substantial savings in employee travel time and costs.
Recently, the City Council approved a recommendation that staff explore merging the
telecenters and the Chula Vista Library System to enhance technology resource availability for
the community. By merging the telecenter program with the Library, the City can improve
public access to computers and govemment services, as well as to cultural, educational and
health-care related programming. While some may find the phrase "telecenter" intimidating,
most people are comfortable with the notion of going to their main library for information and
assistance. Users are charged only the direct costs for photocopying, faxing, etc., as well as
for special accommodations such as conference room and work stations rentals.
Chula Vista's telecehters not only provide an opportunity for Chula Vista residents to go to
work closer to home, they represent the area's only market-based (as opposed to mandated or
regulatory) trip reduction program. The City has become an international model, cited by the
International Council for Local Environmental Initiatives (ICLEI) in their "Green Fleets Policy
and Practice Manual" as an example of a very successful trip reduction program.
The telecenter requires funding of $65,000 per year, beyond the revenues it currently generates.
This covers staffing, capital costs (including computer replacement/upgrade) and operating
costs. The PVEA request of $300,000 will allow the City to continue to offer these valuable
services for an additional 4 - 5 years.
attachment: excerpt from Green Fleets Policy & Practice Manual
c:\...\memos\pvea.$tc
c2/c---3
CITY OF CHULA VISTA
City of Chula Vista
1997 PVEA Funding Request
page 2
Carbon Dioxide Reduction Measures
The funding request for these two projects is $250,000
ChuIa Vista is part of a consortium of II cities in the U.S., Canada and Europe developing
carbon dioxide reduction plans. This project enacts two measures of Chula Vista's Carbon
Dioxide Reduction Plan: an Energy Saving Traffic Signal Upgrade, replacing red ball and red
arrow incandescent fixtures with LED fixtures; and the development/implementation of
emission reducing land use policies.
I) Traffic Signal Upgrade - purchase/install 1,000 LED fixtures
The project replaces 1,000 red ball or red arrow fixtures through out the city with LED (light
emitting diode) fixtures which use almost no electricity and have an estimated IO-year life.
The intent is to study and evaluate the usage of red ball/arrow LED fixtures for possible future
use in all signals.
The City has a total of 139 traffic signals, with more than 7000 incandescent bulbs.
Approximately 2,000 of these bulbs are red. This proposal is to replace 50% of those bulbs
with energy-saving LED fixtures over a three year period. Energy usage is reduced by an
average of 80% when incandescent bulbs are replaced by an LED fixture. The three-year
phasing will allow the city to replace these bulbs as part of the City's regular traffic signal
maintenance program, thereby avoiding additional installation costs.
Current utility costs of $1l4.05/traffic signal/month are estimated to drop by $30/traffic
signal/month. First year savings should total slightly more than $19,000, and are projected to
reduce the City's electrical usage by 302,400kwh. Second year savings are projected to be
610,506kwh and $38,600. At full implementation (1,000 bulbs), savings are projected to be
793,000kwh and $50,600.
On average, the LED fixtures will cost $200 each. Assuming 1,000 fixtures are purchased, the
city proposes to spend $200,000 in acquiring these fixtures.
=</c - tf
CITY OF CHULA VISTA
City of Chula Vista
1997 PVEA Funding Request
page 3
Carbon Dioxide Reduction Measures (cont.)
2) Emission-reducing Land Use Policies
The proposal addresses the relationship between locailand use and transportation policies, and
the energy consumed as a result of land use planning decisions. The largest percentage of
energy consumption in the City of Chula Vista is attributable to transportation-- over 58%. To
effectively reduce these emissions, the City hopes to develop and implement land use policies
which significantly reduce energy consumption. Those policies include:
Site design with pedestrian orientation
. this involves placement of buildings and circulation routes to emphasize pedestrian
access without excluding automobiles.
4,372 tons of Carbon Dioxide reduced/year
- 57,527 million btu saved/year
Energy efficient landscaping
. implementation of program to install shade trees for new single family homes as part
of a city-wide reforestation effort to reduce energy use
1,279 tons of Carbon Dioxide reduced/year
8,674 million btu saved/year
Transit oriented development
. increase in land use and zoning densities within 1/4 mile of major transit routes and
stops throughout the city
8,700 tons of Carbon Dioxide reduced/year
115,055 million btu saved/year
The PVEA funds requested for this component of the Carbon Dioxide Reduction program
($50,000) will be used to finance staff time and contracted services needed to allow the City
to develop and implement policies in the specific planning area (SPA) process of major master-
planned communities in the developing eastern territory of Chula Vista.
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CITY OF CHULA VISTA
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Council Agenda Statement )16
Item
Meeting Date 3/25/97
ITEM TITLE: Resolution / ~tb) 2.pproving Submittal of a Petroleum Violation
Escrow Account (PVEA) flmding request in the amount of $995,000 to
the California State Legislature(
SUBMITTED BY: Legislative Committee ~ð j~'ì (4/5th Vote: Yes- No_X->
/1'
,
Attached for your approval is a funØing request for $995,000 from the Petroleum Violation
Escrow Account (PVEA), a state-administered fund, to support the implementation of a new
BECA proposal. This proposal is a three-component demonstration/education project to further
the efforts of the Border Environmental Commerce Alliance goal of fostering innovative
environmental technologies along th~ U.S. - Mexico border.
RECOMMENDATION: That the Council approve the submittal of this funding request.
BOARD/COMMISSION RECOMMENDA nONS: not applicable
DISCUSSION
Energy Saving Technology DemonstrationlEducation Project
This project combines three linked components:
. A permanent technology showcase located at the Border Environmental Commerce
Alliance (BECA) facility; ($200,000)
" The demonstration of a zero-emission vehicle using a zinc-air fuel cell ($700,000)
" A visiting scholar program, with senior-level Ph.D. or postdoctoral-level Ph.D.
researchers ($95,000)
Legislative Committee Recommendation: SUPPORT
The Border Environmental Commerce Alliance is a public/private partnership whose mission
is to foster the development and commercialization of innovative environmental technologies
on the U.S. - Mexico Border. Created by the City of Chula Vista, BECA includes a business
incuhntor fostcring innovntivc cnvironl11cntal tcdll1ologies and II university-based technology
transfer program.
Energy savings are a key goal of those environmental technologies being developed at the
BECA facility. Zero emission vehicles powered by batteries or fuel cells use no petroleum
products. Water recycling systems reduce energy demand considerably; in a landmark study
conducted in 1979, UCLA determined that 25% of the Los Angeles energy demand went
toward pumping water.
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BECA Proposal for PVEA funding, page 2
Meetinge Date 3/25/97
A showcase of what is possible, coupled with the proposed demonstration project can greatly
reduce barriers to innovative technologies, The City proposes to exhibit at least 10
technologies in the BECA facility, and will provide marketing support to place these
technologies in the border region. The goal over a three-year period is to place the
technologies into 20 new applications.
El Colegio de la Frontera Norte (CaLEF), a research and education institution with eight
locations on the Mexican border, will house a sister showcase at their facilities in Tijuana, a
city with plans to import natural gas from the United States. Together, the cross-border
facilities will work to foster the application of new technologies in additional border locations,
Fuel cells are predicted by many to have the best chance of replacing petroleum in the
transportation sector. A fuel cell-powered vehicle will be demonstrated in a test drive from
San Diego to Sacramento, as well as within the San Diego region, The vehicle is being built
by Metallic Power, a leader in metal/air fuel cell technology loca1ed in Chula Vista.
The visiting scholar program will as¡;ist BECA in developing the technolqgy showcase and in
providing research assistance to diversify and apply energy saving technologies, Scholars will
be selected from the University of California system in conjunction with national laboratories
such as Lawrence Berkeley National Laboratory,
This is a sizeable proposal compared to those made by the city in years past. PVEA funding
availability, however, is somewhat larger than it has been in the last two years (approximately
$14-18 million state-wide). While there is no guarantee of receiving all funds requested, the
decision not to allocation PVEA funds last year, coupled with a potential State rebate to the
PVEA fund of several million dollars borrowed for other State projects, there may be a
capacity for additional grants this year, The Legislative Committee is, therefore,
recommending that this project be added to the City's request for PVEA funds via our local
legislators, Other projects for which PVEA funds are being sought include the telecenter
project ($300,000) and two CO2 reduction measures ($250,000), as previously endorsed by the
Council.
FISCAL IMP ACT:
The funding request for this project is $995.000, No appropriation would be required unles
and until the funds arc awarded. There are no specific matching requirements tied to this
application.
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RESOLUTION NO. )8"& /?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A PETROLEUM
VIOLATION ESCROW ACCOUNT (PVEA) FUNDING
REQUEST IN THE AMOUNT OF $995,000 TO THE
CALIFORNIA STATE LEGISLATURE
WHEREAS, staff is requesting Council approval of a
funding request for $995,000 from the Petroleum Violation Escrow
Account (PVEA), a state-administered fund to support the
implementation of a new BECA proposal; and
WHEREAS, the proposal is a three-component demonstration/
education project to further the efforts of the Border
Environmental Commerce Alliance goal of fostering innovative
environmental technologie~ along the U. S. - Mexico border:
0 A permanent technology showcase located at the
Border Environmental Commerce Alliance (BECA)
facility ($200,000).
0 The demonstration of a zero-emission'vehicle using
a zinc-air fuel cell ($700,000).
0 A visiting scholar program, with senior-level Ph.D.
or postdoctoral-level Ph.D. researchers ($95,000).
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby approve submittal of a Petroleum
Violation Escrow Account (PVEA) funding request in the amount of
$995,000 to the California State Legislature.
Presented by Approved as to form by
John D. Goss, city Manager orney
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06/24/97 TUE 12: 00 FAX 619 691 5171 CHULA VISTA ENGINEERING 1¡!J002
EUGENIA AGUILAR FRANCO
Ms. Aguilar Franco was born in Mexicali, B. C., and Teared in Calexico, California. After
graduating ftorn Calexico High School she attended UCSD, Southwestern College, and
received a Bachelors of Science degree in Civil Engineering fÌ'Om San Diego State
University in 1981, the same year her son Michael finished elementary school and her
daughter, Janine Alissa, was bom While at SDSU she was student chapter president of
the American Society of Civil Engineers and a member of Chi Epsilon, the civil
engineering honor society. Ms. Aguilar Franco began her professional career as ajunior
engineer in design at the Navy Public Works Center in San Diego and progressed to
project manager in construction. She joined the City of ChIlla Vista Engineering Division
in 1986 where she has supervised various work sections and currently supervises the
Traffic Engineering Section.
Ms. Aguilar Franco is past, and first female, president (1989-91) of the local chapter of
the Society ofHìspanic Professional Engineers (SHPE), and past National Vice President
(1991-93) ofSHPE. She served on the Metro Sewer Task Force (1987-90) an advisory
panel to former Mayor O'Connor, has mentored for the Southwestern College Puente
Program, participated in Madrinas and Adelante Mujer and in numerous career fairs and
other motivational programs to encourage latino youth to continue their education and
consider entering the science and engineering field. In her leisure time Ms Aguilar Franco
enjoys attending the theater, bicycle riding. camping and spending time with her husband
of 29 years, Reyes Franco, her children, and her extended family.
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