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HomeMy WebLinkAboutAgenda Packet 2004/07/13 CITY COUNCIL AGENDA July 13, 2004 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~f?. ~ '~~~~ """'""""'""""'""""'" CllY OF CHUlA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** July 13, 2004 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. AGENDA Dated 1-4-oi_Signed~ 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY DEPUTY FIRE CHIEF JEFF PETER OF THE RECENTLY HIRED FIRE COMMUNICATIONS CENTER STAFF; NATIONAL ANTHEM TO BE SUNG BY JAMMI JOHNSON, FIRE DISPATCHER . OATH OF OFFICE: PERNY COSCA-REESE, HUMAN RELATIONS COMMISSION . INTRODUCTION BY LOUIE VIGNAPIANO, DIRECTOR OF MANAGEMENT AND INFORMATION SYSTEMS, OF THE EMPLOYEE OF THE MONTH, MARILYN JARDINE, DATA ENTRY CLERK . PRESENTATION BY MAYOR PADILLA OF (1) A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, DECLARING JULY AS PARKS AND RECREATION MONTH; AND (2) CERTIFICATES OF APPRECIATION TO VARIOUS ORGANIZATIONS FOR THEIR COMMITMENT AND SERVICE TO THE YOUTH OF CHULA VISTA . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, DECLARING JULY 11 THROUGH JULY 17, 2004 AS THERAPEUTICS WEEK . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, DECLARING JULY 12 THROUGH JULY 16,2004 AS NATIONAL AQUATICS WEEK . PRESENTATION BY DAN MCALLISTER, SAN DIEGO COUNr.;y TREASURER! TAX COLLECTOR, REGARDING PROPERTY TAX BILL UPDATES CONSENT CALENDAR (Items 1 through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 2. 1. APPROVAL OF MINUTES of May 19, June 1 and June 2, 2004. Staff recommendation: Council approve the minutes. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 The purpose of the November 2, 2004 Special Municipal Election is to conduct a run-off to select one Member of the City Council to fill Seat 4 for a full te=, consisting of four years, commencing December 2004. The proposed resolution is required to request election services from the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RESULTS OF THE PHASE IV AND PHASE V CLASSIFICATION STUDY, APPROVING THE CORRESPONDING COMPENSATION SCHEDULE, AND APPROPRIATING THE NECESSARY FUNDS THEREFOR (4/5THS VOTE REQUIRED) Adoption of the resolution approves the results of the .Phase IV and Phase V classification study and the corresponding compensation schedule and amends the Fiscal Year 2005 budget to fund the changes in the compensation schedule. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET FROM THE I- 805 NORTHBOUND RAMPS TO TERRA NOVA DRIVE (FIRST R,:ÉADING) The California Vehicle Code requires that existing speed limits be verified every seven years and increased or decreased as needed. Recent Engineering and Traffic Surveys for East H Street were completed that recommend increasing the existing speed limit on this roadway to 45 mph between the I-80S northbound ramps and Hidden Vista Drive and to 50 mph between Hidden Vista Drive and Terra Nova Drive. (Director of General Services, City Engineer) - Staff recommendation: Council place the ordinance on first reading. Page 2 - Council Agenda July 13, 2004 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY APPROPRIATED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUNDS FROM CAPITAL IMPROVEMENT PROJECTS TF313, STL261, AND STM331 TO THE AVAILABLE BALANCE OF THE TDIF FUND During the preparation of the Fiscal Year 200412005 budget, staff reevaluated the programming of available funds in order to best meet the current needs of the capital improvement program. This exercise led to the identification of three projects in which allocated Transportation Development Impact Fee (TDIF) funds will not be expended in either Fiscal Years 200312004 or 2004/2005. Adoption of the resolution approves the return of funds to the TDIF fund. (Director of General Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT MOUNTAIN HAWK PARK, LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF THE CITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The Council previously approved the master plan for Mountain Hawk Park, which conceptually designed and provided for the construction of a completed and fully functional12-acre park. Adoption of the resolution awards a design build agreement to Erickson-Hall Construction Co. for the provision of services required to design and construct Mountain Hawk Park, and appropriates funds to a capital improvement project that will enable the design phase of the project to commence. (Director of General Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND LETTER OF INTENT BETWEEN THE CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE OTAY VALLEY REGIONAL PARK AND THE WEST FAIRFIELD REORGANIZATION- PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LETTER OF FNTENT In August 2002, the Cities of San Diego and Chula Vista executed a Letter of Intent (LOI) establishing principles that would form the basis of reorganization of boundaries between the two cities in and adjacent to the Otay River Valley and the West Fairfield property. The LOI expired on December 31, 2003. Adoption of the resolution approves a second LOI with an expiration date of July 31, 2006, allowing negotiations between the two cities to continue. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda July 13,2004 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT NO.1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA THAT ESTABLISHES PORT CAPITAL DEVELOPMENT PROGRAM PROJECT PRIORITIES In 1996, the Port District entered into a Memorandum of Understanding (MOD) with the City committing funds for tidelands projects within Chula Vista. The balance remaining from the original MOU allocation is approximately $13 million. The Board of Port Commissioners recently adopted an ordinance authorizing amendment no. 1 to the MOU that reallocated project priorities. As a result, the Port District will consider its non- funded tidelands obligations in the context of its capital development program in future years. (Director of Community Development) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCE 2617, AND A RESOLUTION RELATING TO UPDATES IN THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER FACILITIES WITHIN THE SALT CREEK SEWER BASIN (Continued from June 8,2004) The Salt Creek Sewer Basin development impact fee was established in December 1994 . to facilitate construction of the Salt Creek trunk sewer. This was' the only facility identified at that time as being necessary to serve properties within thê Salt Creek Gravity Basin benefit area. A development impact fee was set at $284 per equivalent dwelling unit in order to fund the project. Since that time, costs associated with the project have continued to increase and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project, staff recommends increasing the Salt Creek Sewer Basin DIF from $284 to $1,300 per EDD. (Director of General Services, City Engineer) . . Staff recommendation: Council continue the public hearing to August 10, 2004. Page 4 - Council Agenda July 13,2004 10. CONSIDERATION OF APPROVAL OF ADWSTMENT OF PARKLAND ACQUISITION AND DEVELOPMENT FEES In November 2002, the Council increased the Parkland Acquisition and Development (PAD) Fees. Since that time, land values and park construction costs have continued to rise, gener!lting the need to adjust the fees. The proposed increases will ensure that sufficient PAD funds are available for the City to meet park facilities thresholds. A proposed change to the Municipal Code will ensure that the fee is updated annually. (Director of General Services) Staff recommendation: Council conduct the public hearing, adopt the following resolution and place the following ordinance on first reading: A. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADWST THE PARKLAND ACQUISITION AND DEVELOPMENT (pAD) FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADWSTMENT OF PARKLAND ACQUISITION AND DEVELOPMENT (pAD) FEES TO PAY FOR PARKLAND ACQUISITION AND DEVELOPMENT (FIRST READING) ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. CONSIDERATION OF APPROVAL OF MODIFICATIONS TO THE SOLID WASTE DISPOSAL AND RECYCLING FRANCmSE AGREEMENT Adoption of the proposed resolutions approves modifications to the general rate sheet of the solid waste disposal and recycling agreement, and approves a 2.5% increase in the franchise fee for small quantity generators. (Director of Conservation and Environmental Services) Staffrecommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE GENERAL RATE SHEET OF THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANcmSE AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 2.5% INCREASE IN THE FRANCmSE FEE AS APPLIED TO THE SMALL QUANTITY GENERATOR RATE CATEGORY OF THE SOLID WASTE AND RECYCLING FRANCmSE AGREEMENT B. Page 5 - Council Agenda July 13, 2004 12. PRESENTATION OF A STATUS REPORT ON THE GENERAL PLAN UPDATE Staff has provided periodic status updates to the City Council on the progress of the General Plan Update, the last of which was in April 2004. This report covers recent activities along with those anticipated over the next several months, through completion. (Director of Planning and Building) Staff recommendation: Council accept the report. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 13. CITY MANAGER'S REPORTS 14. MAYOR'S REPORTS . Consideration of ratification of appointment of Councilrnember McCann to the Watershed Policy Planning Committee. 15. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordancl!! with the Ralph M. Brown Act (Government Code 5~957. 7). 16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) .- Under Negotiation: Price and te=s of franchise conveyance 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-.12-27, A-02-12-028, and I 03-03- 016) ADJOURNMENT to the Regular Meeting of July 20, 2004, at 6:00 p.m. in the Council Chambers. Page 6 - Council Agenda July 13, 2004 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 19, 2004 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: ALSO PRESENT: Councilmembers: None City Manager Rowlands, City Attorney Moore, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE ORAL COMMUNICATIONS There were none. ACTION ITEM 1. RESOLUTION NO. 2004-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE MUNICIPAL ENERGY UTILITY FEASffiILITY REPORT AND PEER REVIEW ANALYSIS REPORTS; AND DIRECTING STAFF TO (1) RETURN TO COUNCIL BY JUNE 8, 2004 FOR FURTHER CONSIDERATION OF THE CONSULTANT'S RECOMMENDATION TO IMPLEMENT CITY MUNICIPAL ENERGY UTILITY BUSINESS MODELS; (2) PREPARE AND DISTRIBUTE A REQUEST FOR PROPOSAL FOR A FULL- REQUIREMENT GREENFIELD DEVELOPMENT AND COMMUNITY CHOICE AGGREGATION SERVICE PROVIDER AND RETURN TO COUNCIL FOR FURTHER ACTION; (3) CONTINUE TO WORK WITH THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO ASSERT THE CITY'S POSITION REGARDING THE DEVELOPMENT OF COMMUNITY CHOICE AGGREGATION RULES, EXIT FEES AND MUNICIPAL DEPARTMENT LOAD FEES; (4) CONTINUE TO WORK WITH SANDAG TO IMPLEMENT REGIONAL ENERGY OPTIONS; AND (5) CONTINUE TO ACTIVELY MONITOR AND INFLUENCE PENDING AND NEW CALIFORNIA PUBLIC UTILITIES COMMISSION, CALIFORNIA ENERGY COMMISSION, STATE AND FEDERAL ENERGY RULES AND LEGISLATION In August 2000, the Council directed staff to investigate any and all energy options that the City could pursue to potentially protect Chula Vista residential and commercial ratepayers from exponential rate increases and better position the City to deal with the volatility and uncertainty of the energy market. The proposed resolution accepts the Municipal Energy Utility Feasibility Report and Peer Review Analysis Reports and directs staff to take further actions. I , ACTION ITEM (Continued) Department of Conservation and Energy Services Director Meacham introduced the following consultants for the City: Wally Duncan of Duncan, Weinberg, Genzer and Pembroke; Brian Griess, Thomas Crooks, Patrick Mealoy, and John Dalessi of Navigant Consulting Incorporated; and Barry McCarthy of McCarthy and Berlin. Mr. Mealoy presented the Municipal Energy Utility Feasibility Analysis, discussing the study approach, methodology; structural options evaluated, City energy requirements, the top 20 California electric utilities, and electricity supply strategies. He stated that the study examined two supply options for the City, a contract strategy and a generation ownership strategy; and the Community Choice Aggregation (CCA),; Greenfield Development (Greenfield), Combined CCAIGreenfield, and Municipal Distribution Utility (MDU) structural options were evaluated. Mr. Dalessi presented the benefits and risks associated with the CCA, Greenfield, CCAIGreenfield, and MDU options. Mr. Mealoy presented the conclusions and recommended a combined CCAIGreenfield implementation plan, since not only does this option offer the most financial benefits, it also is extremely competitive, has fewer up-front costs and risks, and falls under a state-sanctioned program. He also encouraged the City to continue to pursue a CCA program and continue to participate in the ongoing California Public Utilities Commission (CPUC) process. He recommended the development and implementation of a generation ownership strategy and that the CCA and Greenfield start out supplied via contracts and then transition into a generation ownership. He believed that the City should delay consideration of the MDU for several years, pending the outcome of the CCAIGreenfield recommendation. He also recommended against the City entering into any natural gas distribution business. At 7:58 p.m., Mayor Padilla announced a recess. The meeting reconvened at 8:13 p.m., with all members present. Mr. Meacham introduced consultants Michael Bell, representing R.W. Beck; Thomas Beach, representing Cross Border Energy; and Dr. Fred Pickel, with Tabors, Caramanis and Associates, who reported their findings on the Independent Peer Review Municipality Feasibility Analysis. Dr. Sue Macomber, representing the Utility Consumer's Action Network (UCAN), read into the record a letter dated May 13, 2004, from Michael Shames, Executive Director of UCAN, regarding the resolution to initiate energy policies and actions. Paul Finn, representing Local Power.Org, spoke in support of the Navigant report and about various issues regarding the Community Choice law. He recommended that the City put the CPUC on notice of the City's intentions and urge the CPUC to pass an ordinance to statutorily authorize the City to do a number of things. He also suggested consideration of renewable energy, which he believed could mitigate the City's exposure to the volatility of gas prices. Assistant City Manager Morris presented an update of franchise negotiations between the City and SDG&E. Page 2 - Council Minutes May 19, 2004 ACTION ITEM (Continued) Mayor Padilla reported that SDG&E declined the opportunity to participate and respond publicly to the recommendations by the consultants. Lupita Jiminez, representing the Green Party, stated that the City should not allow SDG&E to shape the power future of the City. She spoke in favor of a generation project at the Calpine location but opposed the re-powering of the Duke plant. She did, however, favor a 130- megawatt, dry-cooled plant for the Bayfront, with the caveat that it would lead to developing renew ables, would accrue good jobs in the City, and would mitigate air impacts. She stated that although the Green Party supports the Greenfield strategy, it would prefer that all generation be supplied by solar power. Ms. Jiminez urged the Council to continue working towards economic development and health, environmental and quality of life benefits for its citizens. Daniel Perez asked the Council to consider public opinion, as well as risks associated with the over-reliance on natural gas, when selecting a plan. Jim Bell asked the Council to pass the necessary ordinances to initiate the process. He also suggested consideration of the use of solar power and proposed that the City lobby the CPUC to raise the renewable caps to work on a net metering perspective. Kurt Kammerer expressed concern about the window of opportunity for some benefits to the City and suggested that the City move smartly. He spoke about rate parity and its benefits to the non-new consumers by way of a reduction in the overall consumption and creating on-site renewables that they would not have had under a status quo. Albert Huary, representing the Environmental Health Coalition, spoke in support of staff's recommendations and asked the Council to consider renewables as an important factor, to examine public health issues associated with power plants, and to look at mitigation for those areas that would be impacted. Alan Ridley encouraged the Council to consider wind energy. He submitted information regarding wind energy that he believed would reduce pollution, increase energy security, diversify the energy mix, and lower long-term energy costs. Mr. Ridley encouraged the Council not to focus solely on natural gas. Mr. Morris stated that the comprehensive reports would enable the community to determine its energy future. Mr. Huard outlined the reasons for moving forward with the resolution, stating that unless the City declares itself a CCA, it could effectively be assessed costs associated with exit; and SDG&E has taken the unique position that it is not required to provide info=ation until such time that the City declares itself a CCA. ACTION: Mayor Padilla offered Resolution No. 2004-166, heading read, text waived. The motion carried 5-0. Page 3 - Council Minutes May 19,2004 2. CITY MANAGER'S REPORTS There were none. 3. MAYOR'S REPORTS There were none. 4. COUNCIL COMMENTS There were none. ADJOURNMENT At 11:12 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting with the Board of Port Commissioners on May 25,2004, at 4:00 p.m. in the Council Chambers, thence to the Regular Meeting of May 25, 2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on May 27,2004, at 6:00 p.m. in the Council Chambers. ~ ~ennett, ;:puty City Clerk Page 4 - Council Minutes May 19, 2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 1,2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone (arrived at 4:25 p.m.), and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY JACK GRIFFIN, DIRECTOR OF GENERAL SERVICES, OF THE EMPLOYEE OF THE MONTH, VICTOR MAGALLANES, SENIOR CUSTODIAN General Services Director Griffin and Custodial Supervisor Edwards introduced the employee of the month, Victor Magallanes. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Mr. Magallanes. CONSENT CALENDAR (Items 1 through 14) 1. APPROVAL OF MINUTES of May 4, May 11, and May 18, 2004. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS . Letter of resignation from Tris Hubbard, member of the Library Board of Trustees and the Inter Agency Water Task Force. Staff recommendation: Council accept the resignation and post the vacancy according to legal requirements. 3. ORDINANCE NO. 2964, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE (SECOND READING) CONSENT CALENDAR (Continued) 4A. 5. 6. Adoption of the ordinance approves the deletion of a provision from the Municipal Code that currently requires the consent of property owners for amendments of sectional planning area plans within the P-C Zone. This ordinance was introduced on May 18, 2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. RESOLUTION NO. 2004-168, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2004 FOR THE PURPOSE OF ELECTING A MEMBER OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS B. RESOLUTION NO. 2004-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2004 The purpose of the November 2, 2004 Special Municipal Election is to select a member of the City Council for a full te= consisting of four years, commencing December 2004. In accordance with election law, it is necessary to give notice of the election and adopt regulations pertaining to materials prepared by candidates and the costs thereof. (City Clerk) Staff recommendation: Council adopt the resolutions. RESOLUTION NO. 2004-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $3,000 IN FISCAL YEAR 2004 FROM THE GENERAL FUND TO THE CITY CLERK'S DEPARTMENT AND AMENDING THE SPENDING PLAN BY ADDING $12,000 IN FISCAL YEAR 2005 FOR LOCAL LEGISLATION CONSULTANT SERVICES TO CORRECT CERTAIN ERRORS IN THE MUNICIPAL CODE Adoption of the resolution appropriates funds for consulting services to research and prepare ordinances amending the Municipal Code to correct obsolete sections, referrals to obsolete regulations, and various scrivener's errors. (City Clerk) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $2,500 FOR EXPENDITURES ASSOCIATED WITH MUSIC IN THE PARK CONCERT SERIES Page 2 - Council Minutes June 1,2004 CONSENT CALENDAR (Continued) 7. 8A. The Office of Cultural Arts received a Community Enhancement Program grant award in the amount of $2,500 from the County of San Diego for the Music In The Park Concert Series to be held during Summer 2004. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,662,831 OF FUNDS FROM THE JOBS-HOUSING BALANCE INCENTIVE GRANT PROGRAM (JHBP) TO A NEW CAPITAL IMPROVEMENT PROJECT, STL-306, SOUTHWESTERN CHULA VISTA STREET IMPROVEMENT PROGRAM On March 25, 2004, Council held a public workshop to discuss the utilization of funds the City is receiving as part of the Jobs-Housing Balance Incentive Grant Program. Council directed staff to develop a program to utilize the funds to construct missing street improvements in southwestern Chula Vista. Adoption of the resolution appropriates the funds and enables staff to commence work on establishing assessment districts to assist in the funding of missing street improvements. (Director of General Services, Director of Community Development) Staff recommendation: Council adopt the resolution. B. RESOLUTION NO. 2004-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH) RESOLUTION NO. 2004-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. Il-M (ROLLING HILLS RANCH) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES C. RESOLUTION NO. 2004-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH) McMillin Rolling Hills Ranch has requested approval of the fo=ation of Community Facilities District No. 11-M (CFD No. Il-M). The conditions of approval of the tentative map for Rolling Hills Ranch require that CFD No. 11-M be formed prior to issuance of the first production home building permit. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger LLP as legal counsel to provide assistance during the proceedings. Adoption of the resolutions initiates the formal proceedings to establish the Community Facilities District. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes June 1,2004 CONSENT CALENDAR (Continued) 9. 10. 11. 12. RESOLUTION NO. 2004-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE ACQUISITIONIFINANCING AGREEMENT WITH OTAY PROJECT, LP COMMUNITY FACILITIES DISTRICT NO. 08-I (OT A Y RANCH, VILLAGE 6) On September 16, 2003, Council approved the acquisition/financing agreement for Community Facilities District 08-I, Otay Ranch Village 6. The agreement set forth the conditions and procedures for acquiring certain eligible public improvements within Otay Ranch Village 6 using special tax district bond proceeds. The proposed amendment allows any roadway that is eligible to be financed by the Transportation Development Impact Fee (TDIF) to also be financed with the bond proceeds from CFD 08-1. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR EASTLAKE III WOODS AND VISTAS On April 15, 2003, the City approved the grant of easements and maintenance agreement for Eastlake III Woods and Vistas, establishing specific obligations and responsibilities for the maintenance of certain public improvements by the Eastlake Company, LLC and/or their successor(s) in interest. Recently, Eastlake requested that the City amend the agreement in order to add the maintenance of certain public improvements and facilities located within the right-of-way of Woods Drive. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT (EASTERN URBAN CENTER INTERIM GRADING) BETWEEN THE CITY AND MCMILLIN OTA Y RANCH, LLC A condition of the previously-approved tentative map for McMillin Otay Ranch's Freeway Commercial South Planning Area 12 requires that the developer enter into an agreement with the City to provide for the maintenance of a culvert crossing SR-125 and the associated grading needed to convey Eastern Urban Center storm flows. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 200312004 BUDGET BY APPROPRIATING $145,000 IN METROPOLITAN TRANSIT SYSTEMS TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CHULA VISTA TRANSIT (CVT) BUDGET Page 4 - Council Minutes June 1,2004 CONSENT CALENDAR (Continued) 13. 14. In order to use all Transportation Development Act (TDA) funds allocated to the City for Fiscal Year 2003/2004 by Metropolitan Transit Systems (MTS) for the operation of Chula Vista Transit (CVT), an appropriation of $145,000 from the CVT Transit Fund to the City's Transit budget is needed. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CONSERVATION AND ENVIRONMENTAL SERVICES DIVISION TO PURCHASE TWO ULTRA-LOW EMISSION (HYBRID) VEHICLES; REQUESTING APPROVAL TO TRANSFER $25,000 FROM THE SUPPLIES AND SERVICES BUDGET CATEGORY TO THE CAPITAL BUDGET CATEGORY WITHIN THE ADMINISTRATION DEPARTMENT FOR THE PURCHASE OF ONE VEHICLE, AND APPROPRIATING $23,000 FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THE SECOND VEHICLE The Conservation and Environmental Services Department was required to return two electric vehicles to the Ford Motor Company since it ended its electric vehicle program. The vehicles were used to transport conservation program supplies to various facilities, to provide education for conservation and environmental programs, to develop commercial recycling programs, and to provide support services to over 35 used oil and filter drop-off locations. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMICS RESEARCH ASSOCIATES FOR FINANCIAL CONSULTING SERVICES FOR THE CITY'S GENERAL PLAN UPDATE In January 2003, the Council approved an agreement with Economics Research Associates to prepare a fiscal impact analysis in support of the City's General Plan update. In the course of evaluating the General Plan alternatives, staff determined that three additional aspects of fmancial analysis are needed that were not included in the original scope of work. The proposed amendment authorizes additional work in the amount of $66,000. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Mayor Padilla moved to approve staffs recommendations and offered Consent Calendar Items 1 through 14, headings read, texts waived. The motion carried 4- 0, with Councilmember Rindone absent, except for Item 10, which carried 3-0-1- I, with Councilmember Rindone absent and Councilmember McCann abstaining due to the proximity of his residence to the project location. ACTION: Page 5 - Council Minutes June 1,2004 ORAL COMMUNICATIONS Kim Longo spoke in favor of the draft Growth Management Oversight Commission (GMOC) report as it pertains to high schools. She expressed appreciation to the GMOC for having the courage and motivation to address local high school issues, and she expressed the need for collaboration between builders, school leaders, and the City to address financing for new schools. Youth Advisory Commissioners Christian Longo Sabrina Martinez, Min Jeong Go, and Eddie Herrera stated that they were graduating fÌ'om high school and, therefore, unable to continue serving on the commission. Each briefly described future educational aspirations and thanked the Council for the opportunity to serve on the commission. PUBLIC HEARINGS 15. CONSIDERATION OF ADOPTION OF A SPECIFIC PLAN (pCM-02-10) FOR THE AUTO PARK EAST EXPANSION (Continued fÌ'om May 18, 2004) Adoption of the resolution and ordinance approves the Auto Park East Specific Plan, implementing the easterly expansion of the existing Chula Vista Auto Park on Main Street. The specific plan allows for the future development of auto dealerships and supporting uses on approximately 31 acres on the south side of Main Street, east of the existing auto park. (Director of Community Development) . The hearing was held following consideration ofItem 16. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla noted that the hearing was opened on May 18 and continued to this date. Senior Planner Pe presented the proposed project. Assistant Engineer Herrera summarized the environmental document associated with the project. There being no members ofthe public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Davis offered Resolution No. 2004-182 for adoption and the ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2004-182, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (IS-02-01O) FOR THE AUTO PARK EAST SPECIFIC PLAN (pCM-02-10) (FRED BORST, BORST FAMILY TRUST, AND FASK LAND) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND) The motion carried 5-0. Page 6 - Council Minutes June 1,2004 ACTION ITEM Item 16 was taken out of order and considered prior to Item 15. 16. RESOLUTION NO. 2004-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENAMING OF THE BAYSHORE BIKEWAY SWEETWATER RIVER BRIDGE TO "THE GORDY SHIELDS BA YSHORE BIKEWAY BRIDGE" Nestled under the Interstate 5 and State Route 54 freeways, and above the Sweetwater Marsh National Wildlife Refuge, is the Bayshore Bikeway Sweetwater River Bridge. The bridge is the latest addition to the 26-mile Bayshore Bikeway and San Diego's 1,000- mile bicycle network built exclusively for bicyclists and pedestrians. To commemorate this milestone and to pay tribute to one of the most dynamic members of the bicycling cornmunity, the City of Chula Vista would like to rename the Bayshore Bikeway Sweetwater River Bridge to "The Gordy Shields Bridge." (Director of General Services, City Engineer) City Engineer Al-agha introduced Gordy Shields, who was instrumental in the creation of the Bayshore Bikeway, who is a member of the San Diego Association of Governments' BicyclelPedestrian Advisory Committee, and who holds the record for the 20-mile cycling time trials in the over-80 age group. Mr. Shields thanked both past and present Councilmembers for their support and dedication to the project and asked that the two percent figure for pedestrian bicycle facilities remain in the proposed TransNet tax extension. Stephen Vance, representing Supervisor Cox, thanked the Council for responding to Mr. Cox's request to name the bridge after Mr. Shields. ACTION: Mayor Padilla offered Resolution No. 2004-183, heading read, text waived. The motion carried 5-0. . 17. CONSIDERATION OF APPROVAL OF A PLAN OF FINANCING IN CONNECTION WITH REFUNDING BONDS TO BE ISSUED FOR THE BENEFIT OF SAN DIEGO GAS & ELECTRIC COMPANY On March 23, 2004, the Council authorized the issuance and sale of not-to-exceed $686,400,000 aggregate principal amount of industrial development refunding revenue bonds of the City of Chula Vista and the City of San Diego to finance certain costs of certain gas and electric facilities for SDG&E. Since then, SDG&E has determined that extending the maturity of these bonds would be fiscally prudent and would result in additional benefit of SDG&E and its ratepayers. (Director of Finance) Finance Director Kachadoorian gave a brief report on the bond refunding process. ACTION: Councilmember Davis offered Resolution No. 2004-184, heading read, text waived: Page 7 - Council Minutes June 1,2004 ACTION ITEMS (Continued) RESOLUTION NO. 2004-184, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCING IN CONNECTION WITH REFUNDING BONDS TO BE ISSUED FOR THE BENEFIT OF SAN DIEGO GAS & ELECTRIC COMPANY FOR PURPOSES OF SECTION 1313(A)(3)(A) OF THE TAX REFORM ACT OF 1986 AND SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986 The motion carried 5-0. 18. PRESENTATION OF THE FINAL IMAGE CAMPAIGN POSITIONING REPORT In May 2003, as part of the City's image enhancement efforts, The Right Question, LLC was contracted to help the City develop a messaging and strategic platform for a marketing campaign. This effort included developing a discussion guide and conducting 27 one-on-one and two group interviews, resulting in a total of 40 respondents. The respondents were comprised of both City employees and non-City employees. The Final Positioning Report, prepared by The Right Question LLC, includes an analysis of the information collected and recommendations for a comprehensive marketing program. (Director of Community Development) Community Development Director Madigan introduced Gail Stoorza-Gill, representing The Right Question LLC, who presented the findings of the campaign positioning report. Councilmember Rindone stated that clear targets must be ascertained and analyzed when the item is brought back to Council. Mayor Padilla expressed the need to focus efforts towards information and advertising to promote the City and its future. Deputy Mayor Salas expressed the need for a focused approach towards the marketing strategy and for ranking programs in order of priority. She also stated that the City should implement a consistent plan, separate from the marketing plan, to inform elected officials on all levels about present and future initiatives that would require their support. Leonard Moore stated that image is very important for the City, and he suggested a "show and tell" tool to take to the community. ACTION: Mayor Padilla moved to accept the report and direct staff to come back with draft plans to be considered in a workshop setting with the Council and other key stakeholders. Councilmember Davis seconded the motion, and it carried 5-0. Page 8 - Council Minutes June 1,2004 OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. 20. MAYOR'S REPORTS There were none. 21. COUNCIL COMMENTS Councilmember McCann thanked the Fleet Reserve Association and members of veterans groups for organizing the Glen Abbey commemoration. He expressed his appreciation for our veterans and said that every day should be recognized as Veterans Day in Chula Vista. Councilmember Rindone stated that he also attended the Glen Abbey memorial service and concurred with the comments by Councilmember McCann. ADJOURNMENT At 7:06 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting immediately following this meeting in the Council Chambers, thence to an Adjourned Regular Meeting on June 2, 2004, at 4:00 p.m. at the Jolm Lippitt Public Works Center, thence to the Regular Meeting of June 8, 2004, at 6:00 p.m. in the Council Chambers. ~ 6--U~ 5?~ Susan Bigelow, CMC, è1ty Clerk Page 9 - Council Minutes June 1,2004 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 2, 2004 4:00 P.M. An Adjourned Regular Meeting of the City Council was called to order at 4:10 p.m. at the John Lippitt Center, 1800 Maxwell Road, Chula Vista, California. ROLLCALL PRESENT: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla (Councilmember Salas arrived at 4:18 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City Clerk Bennett 1. DISCUSSION OF THE PROPOSED FISCAL YEAR 2005 GENERAL FUND BUDGET AND CAPITAL IMPROVEMENT PLAN RELATING TO COUNCIL'S STRATEGIC THEMES OF PROVIDING DIVERSE CULTURAL, RECREATIONAL AND EDUCATIONAL OPPORTUNITIES, STRONG AND SAFE NEIGHBORHOODS, CONNECTED, BALANCED, AND COHESIVE COMMUNITIES, ECONOMIC DEVELOPMENT, FISCAL STABILITY AND COST- EFFECTIVE GOVERNMENT Assistant Director of Budget and Analysis Vaneenoo presented the budget highlights. Staff from various departments then reported on programs and projects as listed below and as they relate to the Council's strategic goals. A. DIVERSE CULTURAL, EDUCATIONAL, AND RECREATIONAL OPPORTUNITIES (Assistant City Manager Palmer) 1. After-school Programs . Middle School after school program . Club Teen Connection . STRETCH and DASH Elementary School after-school program 2. Taste of the Arts Festival B. ECONOMIC DEVELOPMENT (Community Development Director Madigan) 1. Urban Core Specific Plan 2. University Strategic Plan BUDGET WORKSHOP (Continued) C. D. E. F. STRONG AND SAFE NEIGHBORHOODS (police Chief Emerson; Fire Chief Perry) 1. Graffiti Abatement 2. New Fire Disptach Center . Construction of Fire Stations 6 and 8 . Light and Air Rescue . Fire Prevention 3. New Police Facility . Type 1 Holding Facility CONNECTED, BALANCED, AND COHESIVE COMMUNITY (Parks and Recreation Director Martin) 1. New Recreation CenterslStaffing 2. New Community Parks . Veteran's Park Montevalle Park Salt Creek Park . . POLICE PUBLIC INFORMATION OFFICER (Police ChiefEmerson) CAPITAL IMPROVEMENT PROGRAM OVERVIEW (General Services Director Griffin) 1. Civic Center 2. Library 3. Parks 4. Western Chula Vista Street Improvements 5. Olympic Parkway/I-805 Interchanges Page 2 - Council Minutes June 2, 2004 G. FISCAL STABILITY AND COST EFFECTIVE GOVERNMENT (Assistant Director of Budget and Analysis Vaneenoo) 1. Diversified Revenue Base 2. Preventative Maintenance 3. New Mechanics 4. Replacement Funds 5. Fee Updates 6. Reorganizations 7. Performance Management No action was taken by Council. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 6:03 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of June 8, 2004, in the Council Chambers. Page 3 - Council Minutes Juoe 2, 2004 COUNCIL AGENDA STATEMENT Item No. ¡;¿ Meeting Date 07/13/04 ITEM TITLE: SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 JfJ Susan Bigelow, CMC, City Clerk The purpose of the November 2, 2004 Special Municipal Election is to conduct a run-off to select one Member of the City Council to fill Seat 4 for a full term consisting of four years, commencing December 2004. The proposed resolution is required to request election services from the Registrar of Voters. RECOMMENDATION: Council adopt the Resolution. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. BACKGROUND: The Chula Vista Charter requires that Special Municipal Elections be scheduled in conjunction with Statewide General Elections. The next Statewide General Election will be held on November 2,2004. The purpose of the Special Municipal Election is to conduct a run-off to select one (1) member of the City Council to fill Seat 4 for a full te= commencing in December 2004. Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors (I) to consolidate Chula Vista's election with the statewide election and (2) to permit the Registrar of Voters to perform certain services in conjunction with the City's election. Elections Code Section 10403 requires that the Registrar of Voters receive a resolution requesting consolidation and services by August 6, 2004. FISCAL IMPACT: $18,000 has been budgeted in the Fiscal Year 2005 budget for the election, and it is anticipated that the amount budgeted is sufficient. 2.. -I RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 WHEREAS, the City Council of the City of Chula Vista has called an election to be held in this City on November 2, 2004; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, a statewide election has been called to be held on the same day; and WHEREAS, pursuant to SB 230, the Board of Supervisors has approved the consolidation of the Chula Vista special municipal election with a statewide general election to be held on the same day. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as follows: SECTION 1. Pursuant to above-cited provisions, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perfo= and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City ofChula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 2. The exact form ofthe offices to be voted upon to appear on the ballot and to be submitted to the voters are as follows: The election of one (1) Member of the City Council of said City to fill Seat 4 for the full term of four years, commencing December 2004. SECTION 3. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. SECTION 4. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. 2.-2- SECTION 5. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 6. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the CityofChula Vista upon presentation ofa bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 7. The City Clerk is hereby directed to deliver forthwith certified copies of this resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar of Voters of the County of San Diego. Submitted by: Approved as to form: Susan Bigelow, City Clerk ~~~ Ann Moore, City Attorney PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chula Vista, California, this 13th day of July 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-- was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of July 2004. Executed this - day of July 2004. Susan Bigelow, CMC, City Clerk 2. -3 COUNCIL AGENDA STATEMENT ITEM 3 MEETING DATE 7/13/2004 ITEM TITLE: Resolution of the City Council of the City of Chula Vista adopting the results of the Phase IV and Phase V Classification Study, approving the corresponding Compensation Schedule and appropriating the necessary funds therefore. SUBMITTED BY: Marcia Raskin, Director of Human Resources~ REVIEWED BY: City Manager&(¿ 1)1"-" (4/Sth Vote: Yes x... No--> -It' SUMMARY: Council is being asked to approve the results of the Phase IV and Phase V classification study and corresponding compensation schedule that is recommended and amend the FY05 budget to fund the changes in the Compensation Schedule attached. RECOMMENDATION: Adopt the resolution to approve the results of the Phase IV and Phase V classification and compensation study and approve the corresponding salary schedule, effective pay period beginning July 9,2004 and amend the FY05 budget to fund the changes in the Compensation Schedule. BOARD/COMMISSION RECOMMENDATION: NIA DISCUSSION: The Human Resources Department recently completed Phase IV and V of the citywide classification study, utilizing the same methods and terminology as established throughout the Shannon & Associates review ofthe Clerical Series and utilized by city staff as the methodology for the Support, Custodial and Public Works series. The study included a review of the work performed, scope and complexity ofthe assigmnents and the responsibility of the positions. Phase IV: The positions reviewed in Phase IV were in the Public Works Operations, Fire, Conservation & Environmental Services, Planning & Building, Communications, and General Services Departments. Staff reviewed a total of 57 positions or 22 classifications. Of the 57 positions reviewed it is recommended that 26 receive a salary increase, 30 remain at the current salary level, and add a new Senior Landscaper classification. 3~1 ITEM 3 MEETING DATE 7/13/2004 Phase V: The positions reviewed in Phase V were in the Police, Finance, Planning & Building Departments and the Nature Center. Staff reviewed a total of 51 positions or 21 classifications. Of the 51 positions reviewed it is recommended that four (4) receive a salary increase, 45 remain at the current salary level, and three (3) new positions be created, Police Records and Support Supervisor, Senior Animal Control Officer and Senior Evidence Control Assistant. All positions reviewed in Phase IV and Phase V are represented by the CVEA bargaining unit. City staff and CVEA representatives have met and conferred over the impacts of this study and are in agreement on the results. FISCAL IMPACT: Upon City Council authorization, a total of$116,047 will be appropriated from the available balance of the General Fund to the departments' FY05 Personnel Services budgets. These costs will be partially offset by $101,892 in additional revenues and anticipated salary savings, resulting in a net impact to the General Fund of$14,155. A TT ACHMENTS: A) Phase IV and Phase V Budgeted Position Changes, and B) Proposed Salary Table. 2~ 3-2. ITEM ~ MEETING DATE 7/13/2004 ATTACHMENT A Phase IV & Phase V Budgeted Position Changes Dept/Section Current Classification New Classification Planning & Building Building & Housing InspectorlCode Building Inspector I Enforcement Officer I Building & Housing InspectorlCode Building Inspector II Enforcement Officer II Building & Housing InspectorlCode Enforcement Officer ill Building Inspector ill Building & Housing InspectorlCode Code Enforcement Officer I Enforcement Officer I Building & Housing InspectorlCode Code Enforcement Officer II Enforcement Officer II General Services Landscape Inspector Senior Landscape Inspector Police No Classification Senior Animal Control Officer Crime Analyst Public Safety Analyst Intel Analvst No Classification Senior Evidence Control Assistant Evidence Technician Forensics Specialist Kennel Attendant Animal Care Assistant Parking Control Officer Parking Enforcement Officer Police Training Coordinator Training Programs Specialist No Classification Police Records & Support Supervisor Crime-Free Multi Housing Police Community Relations Coordinator Specialist Community Resource Coordinator Finance Parking Operations Officer Parking Meter Technician 3 3-3 A TT ACHMENT B /TM7 4: 3 &11U7eO /! /' ('?kf//7leN T Phases IV and V Salary Table (Bi-weekly Salaries) New Classification A B C D E PHASE IV Building Inspector I $1,647.71 $1,730.10 $1,816.60 $1,907.43 $2,002.80 Building Inspector II $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Building Inspector III $1,993.73 $2,093.42 $2,198.09 $2,307.99 $2,423.39 Code Enforcement Officer I $1,574.34 $1,653.05 $1,735.71 $1,822.49 $1,913.62 Code Enforcement Officer II $1,731.77 $1,818.36 $1,909.28 $2,004.74 $2, I 04.98 Code Enforcement Technician $1,368.99 $1,437.44 $1,509.31 $1,584.78 $1,664.02 Fire Inspector I $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Fire Inspector II $1,993.73 $2,093.42 $2,198.09 $2,307.99 $2,423.39 Landscape Inspector $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Open Space Inspector $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Public Works Inspector I $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Public Works Inspector II $1,993.73 $2,093.42 $2,198.09 $2,307.99 $2,423.39 Recycling Specialist I $1,431.21 $1,502.77 $1,577.91 $1,656.81 $1,739.65 Recycling Specialist II $1,574.34 $1,653.05 $1,735.71 $1,822.49 $1,913.62 Senior Building Inspector $2,292.79 $2,407.43 $2,527.80 $2,654.19 $2,786.90 Senior Code Enforcement Officer $2,190.69 $2,300.22 $2,415.24 $2,536.00 $2,662.80 Senior Landscape Inspector $2,084.36 $2,188.58 $2,298.01 $2,412.91 $2,533.55 Senior Open Space Inspector $2,084.36 $2,188.58 $2,298.0 I $2,412.91 $2,533.55 Senior Public Works Inspector $2,292.79 $2,407.43 $2,527.80 $2,654.19 $2,786.90 Stormwater Compliance Inspector I $1,647.71 $1,730.10 $1,816.60 $1,907.43 $2,002.80 Stormwater Compliance Inspector II $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 PHASE V Animal Care Assistant $1,138.89 $1,195.84 $1,255.63 $1,318.41 $1,384.33 Animal Control Officer $1,366.67 $1,435.00 $1,506.75 $1,582.09 $1 ,661. 19 Aquarist $1,414.70 $1,485.43 $1,559.70 $1,637.69 $1,719.57 Civilian Background Investigator $1,458.47 $1,531.40 $1,607.97 $1,688.37 $1,772.78 Community Service Officer $1,242.43 $1,304.55 $1,369.77 $1,438.26 $1,510.18 Evidence Control Assistant $1,242.43 $1,304.55 $1,369.77 $1,438.26 $1,510.18 Forensics Specialist $1,860.83 $1,953.87 $2,051.56 $2,154.14 $2,261.85 Latent Print Examiner $2,139.96 $2,246.95 $2,359.30 $2,477.27 $2,60 I. 13 Parking Enforcement Officer $1,129.48 $1,185.95 $1,245.25 $1,307.51 $1,372.89 Parking Meter Technician $1,242.43 $1,304.55 $1,369.77 $1,438.26 $1,510.18 Police Community Relations Specialist $1,458.47 $1,531.40 $1,607.97 $1,688.37 $1,772. 78 Police Records & Support Supervisor $1,450.79 $1,523.33 $1,599.49 $1,679.47 $1,763.44 Police Service Officer $1,503.33 $1,578.50 $1,657.42 $1,740.29 $1,827.31 Public Safety Analyst $1,860.83 $1,953.87 $2,051.56 $2,154.14 $2,26 I. 85 Range Master $1,366.67 $1,435.00 $1,506.75 $1,582.09 $1,661.19 Registered Veterinary Technician $1,366.67 $1,435.00 $1,506.75 $1,582.09 $1,661.19 Senior Anima] Control Officer $1,571.66 $1,650.25 $1,732.76 $1,819.40 $1,910.37 Senior Evidence Control Assistant $1,428.79 $1,500.23 $1,575.24 $1,654.0 I $],736.71 Training Programs Specialist $1,458.47 $1,531.40 $1,607.97 $],688.37 $1,772.78 ATTACHMENT B Phases [V and V Salary Table (Bi-weekly Salaries) New Classification A B I c D E PHASE IV Building Inspector I $1,647.71 $1,730.10 $1,816.60 $1,907.43 $2,002.80 Building Inspector II $1,812.49 $1,903.11 $1,998.27 $2,098.[8 $2,203.09 Building Inspector III $1,993.73 $2,093.42 $2,198.09 $2,307.99 $2,423.39 Code Enforcement Officer I $1,574.34 $1,653.05 $1,735.71 $1,822.49 $1,913.62 Code Enforcement Officer II $1,731.77 $1,818.36 $1.909.28 $2,004.74 $2,104.98 Code Enforcement Technician $1,368.99 $1,437.44 $1,509.31 $1,584.78 $1,664.02 Fire Inspector I $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Fire Inspector II $1,993.73 $2,093.42 $2,198.09 $2,307.99 $2,423.39 Landscape Inspector $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Open Space Inspector $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Public Works Inspector 1 $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Public Works Inspector II $1,993.73 $2,093.42 $2,198.09 $2,307.99 $2,423.39 Recycling Specialist 1 $1,431.21 $[,502.77 $1,577.91 $1,656.81 $1,739.65 Recycling Specialist II $1,574.34 $1,653.05 $1,735.71 $1,822.49 $1,913.62 Senior Bui[ding Inspector $2,292.79 $2,407.43 $2,527.80 $2,654.[9 $2,786.90 Senior Code Enforcement Officer $2,190.69 $2,300.22 $2,415.24 $2,536.00 $2,662.80 Senior Landscape Inspector $2,084.36 $2,188.58 $2,298.01 $2,412.91 $2,533.55 Senior Ooen Soace Insoector $2,084.36 $2,188.58 $2,298.01 $2,412.91 $2,533.55 Senior Public Works Inspector $2,292. 79 $2,407.43 $2,527.80 $2,654.[9 $2,786.90 Stormwater Compliance Inspector I $1,647.71 $1,730.10 $1,816.60 $1,907.43 $2,002.80 Stormwater Compliance Inspector I1 $1,812.49 $1,903.11 $1,998.27 $2,098.18 $2,203.09 Animal Care Assistant $1,138.89 $1,195.84 $1,255.63 $1,318.41 $1,384.33 Animal Control Officer $1,366.67 $1,435.00 $1,506.75 $1,582.09 $1,661.19 Aquarist $1,414.70 $1,485.43 $1,559.70 $1,637.69 $1,719.57 Civilian Backeround Investigator $1,458.47 $1,531.40 $1,607.97 $1,688.37 $1,772.78 Communitv Service Officer $1,242.43 $1.304.55 $1,369.77 $1,438.26 $1,510.18 Evidence Control Assistant $1,242.43 $1,304.55 $1,369.77 $1,438.26 $1,510.18 Forensics Specialist $1,860.83 $1.953.87 $2,051.56 $2,154.14 $2,261.85 Latent Print Examiner $2,139.96 $2,246.95 $2,359.30 $2,477.27 $2,601.13 Parking Enforcement Officer $1,129.48 $1.185.95 $1,245.25 $1,307.51 $1,372.89 Parkin. Meter Technician $1,242.43 $1,304.55 $1,369.77 $1,438.26 $1,510.18 Police Communitv Relations Specialist $1,458.47 $1,531.40 $1,607.97 $1,688.37 $1,772.78 Police Records & Supoort Supervisor $1,450.79 $1,523.33 $1,599.49 $1,679.47 $1,763.44 Police Service Officer $1,503.33 $1,578.50 $1,657.42 $1,740.29 $1,827.31 Public Services Analyst $1,860.83 $1,953.87 $2,051.56 $2,154.14 $2,261.85 Range Master $1,366.67 $1,435.00 $1,506.75 $1,582.09 $1,661.19 Registered Veterinary Technician $1,366.67 $1,435.00 $1,506.75 $1,582.09 $1,661.19 Senior Animal Control Officer $1,571.66 $1,650.25 $1,732.76 $1,819.40 $1,910.37 Senior Evidence Control Assistant $1,428.79 $1,500.23 $1,575.24 $1,654.01 $1,736.71 Training Programs Specialist $1,458.47 $1,531.40 $1,607.97 $1,688.37 $1,772.78 ô-Lj RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE RESULTS OF THE PHASE N AND PHASE V CLASSIFICATION STUDY, APPROVING THE CORRESPONDING COMPENSATION SCHEDULE AND AMENDING THE FY05 BUDGET TO FUND THE CHANGES IN THE COMPENSATION SCHEDULE. WHEREAS, the Human Resources Department recently completed Phases N and V of the citywide classification study, utilizing the same methods and terminology as established throughout the Shannon & Associates review ofthe Clerical Series and utilized by city staff as the methodology for the Support, Custodial and Public Works series; and WHEREAS, the study included a review of the work performed, the scope and complexity of assigrunents, and the responsibility of the positions; and WHEREAS, the positions reviewed in Phase N were in the Public Works Operations, Fire, Conservation & Environmental Services, Planning & Building, Communications, and General Services Departments; and WHEREAS, staff reviewed a total of 57 positions or 22 classifications and of the 57 positions reviewed it is recommended that 26 positions receive a salary increase, 30 positions remain at the current salary level, and a new Senior Landscaper classification be added; and WHEREAS, the positions reviewed in Phase V were in the Police, Finance, Planning & Building Departments and the Nature Center; and WHEREAS, staff reviewed a total of 51 positions or 21 classifications and of the 51 positions reviewed it is recommended that 4 positions receive a salary increase, 45 positions remain at the current salary level, and 3 new positions be created, Police Records and Support Supervisor, Senior Animal Control Officer, and Senior Evidence Control Assistant; and WHEREAS, all positions reviewed in Phase N and Phase V are represented by the CVEA bargaining unit; and WHEREAS, City staff and CVEA representatives have met and conferred over the impacts of this study and are in agreement on the results. NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista does hereby adopt the results of the Phase N and Phase V Classification Studies, approve the 3-'£ corresponding Compensation Schedule, effective pay period beginning July 9,2004, and amend the FY05 budget to fund the changes in the Compensation Schedule. Presented by Approved as to form by Marcia Raskin Director of Human Resources ~~~K,^\\~ {~~¥ Moore City Attorney nattomey\reso\classification study Phases IV and V 9-~ COUNCIL AGENDA STATEMENT Item ~ Meeting Date 7/13/04 ITEM TITLE: Ordinance Increasing the existing speed limit on East H Street from the I-80S Northbound Ramps to Terra Nova Drive SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: CityManagerCf-- (4/Sths Vote: Yes_NoX) III pr-- The California Vehicle Code requires that existing speed limits be verified every seven (7) years and increased or decreased as needed. Recent Engineering and Traffic Surveys for East H Street were completed which recommend increasing the existing speed limit on this roadway to 45 mph between the I-80S northbound ramps and Hidden Vista Drive and to 50 mph between Hidden Vista Drive and Terra Nova Drive. RECOMMENDATION: That Council adopt the ordinance. BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of May 13, 2004, voted to concur with staffs recommendation to increase the existing speed limit on this roadway. DISCUSSION: East H Street is a major east-west traffic corridor in the City. The street is currently posted with a 40 mph speed limit between the I-80S northbound ramps and Terra Nova Drive. Recent surveys of the roadway were completed which recommend increasing the speed limit to 45 mph between the I-80S northbound ramps and Hidden Vista Drive and to 50 mph between Hidden Vista Drive and Terra Nova Drive. Speed limits should be established at or below the 85th percentile speed in increments of five (5) mph. The 85th percentile speed is defined as the speed at or below which 85 percent of the traffic is moving. Speed limits set in this manner provide law enforcement officers with the means to control drivers who will not confo= to what the majority considers reasonable and prudent. In accordance with the California Vehicle Code the existing speed limit is verified every seven (7) years, and increased or decreased depending on the results of the survey investigation. The latest surveys, which will be valid through October 6, 20 I 0, justify increasing the speed limit based on the 85th percentile speed, the design speed of the roadway and the land uses along the segment. Therefore, based on the provisions of the California Vehic1e Code, and pursuant to authority under the Chula Vista Municipal Code, the City Engineer recommends that the speed limit on East H Street be increased as stated in this report. Lf;;.-/ Page 2, Item t./-- Meeting Date~ Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in the office of the City Engineer will be revised to include the following information: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street Beginning At Ending At EXISting .I'rososed. Speed Limit Soee Limit East H Street 1-805 Northbound Hidden Vista Drive 40 mph 45 mph Ramps East H Street Hidden Vista Drive Terra Nova Drive 40 mph 50 mph The existing characteristics for East H Street, as shown in the Engineering and Traffic Surveys, are listed in the following table. It should be noted that, although the surveys cover the length of East H Street from the I-80S northbound ramps to Buena Vista Way, the existing speed limit of 50 mph east of Terra Nova Drive will be retained. Therefore, the portion of East H Street east of Terra Nova Drive is not included in the proposed Ordinance. Segment Limits I-80S NB Ramps - Hidden Vista Hidden Vista Drive - Buena Vista Way Drive Len!!thlWidth 0.27 mi. / 60' - 97' with median 2.71 mi./ 88' - 109' with median Classification Modified 6 lane Prime 6 lane Prime ADT (Year) 66,700 (2003) 60,474 (2002) Exist. Speed Limit 40 mph 40 mph (Hidden Vista - Terra Nova) 50 mph (Terra Nova - Buena Vista) 51 mph (Hidden Vista - Terra Nova) 8Stb% Speed 45 mph 52 mph (Terra Nova - Paseo del Rey) 46 mph (Paseo del Rev - Buena Vista) Number of Lanes 7 (3 EB, 4 WB) 6 Striping Bike lanes EB & WB, left turn Bike lanes EB & WB, left turn pockets at Hidden Vista Drive pockets at most intersections On-Street Parkin!! Prohibited Prohibited Land Use Commercial (south side of street) Commercial with additional multi- family on the south side of street Horizontal Min. radius of 1,050' with super Min. radius of 1,880' AIi!!nment elevation (55 mph desirn sneed) (63 mph desirn speed) Vertical Alignment 2% grade difference over 100' 3.51 % grade difference over 400' (45 mph desirn sneed) (53 mph design speed) Accident Rate: 2.64/2.40 0.858/2.40 Sei!ment / State (per million vehicle miles) (per million vehicle miles) FISCAL IMPACT: The cost to install signs and pavement legends is approximately $850, which is included in the Public Works Operations operating budget. Attachments: Engineering Traffic Surveys Aerial J:lEngineer\AGENDAlEast H Speed 805 to Terra Nova.sm.doc Rev. 6/30/2004 3:08 PM Lf-Z SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY STREET: East "H" Street LIMITS: 1-805 Northbound Freeway Ramps to Hidden Vista Driye Length of Segment (ft): 1.427' (0.27 mile) Existing Posted Limit (mph): 40 mph Segment: I-80S NB to Hidden Vista Drive Date Taken: 10/06/2003 No. of Vehicles on Sample (cars): 100 8S" Percentile (mph): 45 mnh Range of Speeds Recorded (mph): 23 - 59 mnh SUMMARY OF SPEED SURVEYS ROADWAY CHARACTERISTICS Width (ft): 60' -97' curb to curb. raised median varies from 4' -15'. Total No. of Lanes: 7 lanes total. 3 east bound. 4 west bound. Horizontal Alignment: MiIrimum radius of 1.050' with super elevation between I-80S NB Ramps and Hidden Vista Drive producing a design speed of 55 mph. Vertical Alignment: Gl = 1.0%. Gl. = -1.0% producing a grade difference of2.0% over a length of 100' creating a design speed of 45 mph bv Hidden Vista Drive. TRAFFIC CHARACTERISTICS Average Daily Traffic: 66.700 (2003) On-Street Parking: Prohibited. Special Conditions: Bike lanes on both sides of roadway. Shopping center on south side of roadway between 1-805 and 750' east of Hidden Vista Drive with direct-driveway access. . Multi-family dwellings with direct-driveway access on south side of roadway between the shopping center and Terra Nova Drive. Accident History: The accident rate at this segment is 2.64 per million vehicle miles which is higher than the average rate of 2.40 for similar highways in the State of California. SURVEY RESULTS Study was Prepared by: Date: Recommendation: Date Recommendation Approved: By: Approved Speed Limit (mph): Per CVC 40803, Survey Expires: Leia B. Cabrera 11/10/2003 Raise speed limit to 45 MPH due to 85th percentile and desi~~eeds of the roadway. PI :LI'/ ::2òlJ3 Maied Al-Ghafrv. P.E..T.E. 45 MPH 10/06/2010 J:\\Enginecr\TRAFFIClENGINEERING &; TRAFFIC SURVEYSlSpced Li;nit SurvcyslEast H St (80S - HiddcnVISta ).doc Lf-3 SPEED LIMIT - ENGINEERINGITRAFFIC SURVEY STREET: East "H" Street LIMITS: Hidden Vista Drive to Buena Vista Wav Length of Segment (ft): 14.312 (2.71 miles) Existing Posted Limit (mph): 50!I1tJh (40!I1tJh west of Terra Nova Drive) SUMMARY OF SPEED SURVEYS . Segment: Hidden Vista Drive to Terra Nova Drive Date Taken: 10 / 06 /2003 No. of Vehicles on Sample (cars): 100 85" Percentile (mph): 51 IIIDh Range of Speeds Recorded (mph): 24-59 IIIDh Terra Nova Drive to Pasco del Rev 10/08/2003 100 S2II1Dh 37 - 64 IIIDh Segment: Pasco del Rev to Buena Vista Wav Date Taken: 10/08/2003 No. of Vehicles on Sample (cars): 100 85'" Percentile (mph): 46 mob Range of Speeds Recorded (mph): 32 - 57 IIIDh ROADWAY CHARACTERISTICS Width (ft): Varies from 88' -109' curb to curb. raised median varies from 4' - 25'. Total No. of Lanes: 6 lanes total. 3 per direction. Horizontal Alignment: Curvilinear with a minimum radius of 1.880' creatine: a desil!I1 speed of 63 !I1tJh bv . Del Rev Blvd. Vertical Alignment: Gl = 4.46%. G..= 0.95% moducine: a e:rade difference of3.51% over a lenllth of400' creatine: a desillI1 sueed of 53 mph west of Pas eo Ranchero. TRAFFIC CHARACTERISTICS Average Daily Traffic: 60.474 (2002) On-Street Parking: Proln'bited. Special Conditions: Bike lanes on both sides of roadwav. Shoppinl! center on south side of roadwav near Hidden Vista Drive with direct-drivewav access. Multi-familv dwellinl!s with direct drivewav access on south side east of shotJPinl! center to Kernel Place. Commercial center with dircct-drivewav access on north side between Tierra del Rev and Del Rev Boulevard. First United Methodist Church with direct-drivewav access on south side east of Pas eo Ranchero. Church of Jov on north side west of Buena Vista Wav. Accident History: The accident rate at this sel!IDent is 0.858 per million vehicle miles which is lower than the averal!e rate of2.40 for similar hillhwavs in the State of California. SURVEY RESULTS Study was Prepared by: Leia B. Cabrera Date: 11/12/2003 Recommendation: RJùse speed limit to SO MPH from Hidden Vista Drive to Trna Nova Drive due to 85" percentile and desil!ll speeds and retain SO MPH speed limit from Terra Nova Drive to Buena Vista Wa7' ~ ' 1>ate Recommendation Approved: . ~ r2.ðO~~ By: Maleti Al-Ghafrv. P.E..T.E. Approved Speed Limit (mph): 50 MPH Per evc 40803, Survey Expires: 10/06/2010 J:\lEnginecr\TRAFFIClENGINEERlNG & TRAFFIC SURVEYSlSpced Limit SurvcyslEast H St (HjddcnVista-BucnaVistJ. ).doc 4-4- z bj ~ p.:¡ ~ r:n I ~ (D ~ p.:¡ z 0 -< ~ 0 ""ì _. -< (D '-" ORDINANCE NO. - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET FROM THE I-80S NORTHBOUND RAMPS TO TERRA NOVA DRIVE WHEREAS, based on the provisions of the California Vehic1e Code, Engineering and Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer, in the interest of minimizing traffic hazards and for the promotion of public safety, has recommended that the speed limit on East H Street between the I-80S northbound ramp and Hidden Vista Drive be increased from the existing 40 mph to 45 mph and the speed limit on East H Street between Hidden Vista Drive and Terra Nova Drive be increased from the existing 40 mph to 50 mph; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; and WHEREAS, the Safety Commission of the City ofChula Vista, at its meeting of May 13, 2004, voted to concur with the City Engineer's determination stated above. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 45 mph speed limit for East H Street between the I-80S Northbound Ramp (more specifically, at the city limit on the north side of East H Street) and Hidden Vista Drive is hereby established. SECTION II: A 50 mph speed limit for East H Street between Hidden Vista Drive and Terra Nova Drive is hereby established. SECTION III: That Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in Certain Zones -- Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Beginning At Ending At Speed Limit Street I-80S Northbound Ramp East H Street (city limit on north side of Hidden Vista Drive 45 MPH East H Street near ramp) East H Street Hidden Vista Drive Terra Nova Drive 50 MPH 4--{;; SECTION IV: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Do..- (. ~""- Jack Griffin Director of General Services Ann Moore City Attorney J.AllorneylOrdinoncelE H St Terro Novo speed limit.doc tf-1 COUNCIL AGENDA STATEMENT Item 5 Meeting Date: 7/13/04 ITEM TITLE: Resolution approving the return of previously appropriated Transportation Development Impact Fee (TDlF) funds from Capital Improvement Projects TF313, STL26l, and STM331 to the available balance of the TDIF fund. SUBMITTED BY: Director of General Services (!i2./ City Managerj: 17l- (4/5ths Vote: YES...K.-N°---1 REVIEWED BY: BACKGROUND: The City Council appropriated Transportation Development Impact Fee (TDIF) funds for several capital improvement projects. This resolution will reduce the appropriated TDlF funds from three projects. RECOMMENDATION: That council approve the resolution. BOARD/COMMISSION RECOMMENDATION: NIA DISCUSSION: Three capital improvement projects in which appropriated Transportation Development Impact Fee (TDIF) funds will not be expended in either Fiscal Years 03/04 or 04/05 have been identified. It is the recommendation of staff that these appropriations be reduced. In Fiscal Year 2003 City Council created capital improvement project TF313, the 'SCATS - Adaptive Traffic Signal System Extension - Phase III' and appropriated $800,000 in TDIF funds to the project. This phase of the project was intended to expand the SCATS system along East H Street and Telegraph Canyon Road, upgrading the existing traffic signal system in the project area to a real time traffic demand responsive system. Phases I and n were funded via federal grants with the work completed in February of 2003. Staff is actively pursuing CMAQ grant funding for Phase Ill, but to date has not secured said funding. Staff recommends the return of the appropriated $800,000 to the available balance of the TDIF fund. Once staff has secured appropriate funding, the project will be brought before Council for consideration of a new appropriation. Staff anticipates such an action in FY 04/05. In Fiscal Year 1999, City Council created capital improvement project STL26l, the 'Willow 5-1 Page 2, Item £' Meeting Date: 7/13/04 Street Bridge ReplacementlWidening', appropriating the anticipated TDIF contribution to the project in its entirety at that time. This project is still in the design phase, and will continue to be so through FY 04105. Staff recommends a $1.1 million reduction in the project's TDIF funds. This decrease in funding will not adversely effect the timing of the project, as $1 million will remain in the project for consultant expenses incurred in finalizing the design of the project. Upon completion of the design phase, staff will return to Council to request appropriation of additional funds to the project. Staff will be better able to anticipate actual construction costs for the project at that time. The final project budget staff recommends modifying at this time is STM331, the 'East Orange Avenue Extension Study' project. This project is nearing completion, however, it maintains an available balance in excess of anticipated future expenses. Staff recommends a decrease of $500,000 in appropriated TDIF funds. It is not anticipated that any additional funds will be necessary to complete this project. FISCAL IMPACT: Approval of this resolution will reduce TDIF funds appropriated to capital improvement projects TF313, STL261, and STM33 1. 5-2 RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY APPROPRIATED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDlF) FUNDS FROM CAPITAL IMPROVEMENT PROJECTS TF313, STL261, AND STM331 TO THE AVAILABLE BALANCE OF THE TDIF FUND WHEREAS, in Fiscal Year 2003, City Council created capital improvement project TF313, the "SCATS - Adaptive Traffic Signal System Extension - Phase m" and appropriated TDlF funds to the project; and WHEREAS, this phase of the project was intended to expand the SCATS system along East H Street and Telegraph Canyon Road, upgrading the existing traffic signal system in the project area to a real time traffic demand responsive system; and WHEREAS, Phases I and II were funded via federal grants with the work completed in February, 2003; and WHEREAS, staff is actively pursuing CMAQ grant funding for Phase III, but to date has not secured said funding; and WHEREAS, staff recommends the return of the previously appropriated funds to the available balance of the TDlF fund; and WHEREAS, once staff has secured appropriate funding, the project will be brought before Council for consideration of a new appropriation anticipated in FY 04/05; and WHEREAS, in Fiscal Year 1999, City Council created improvement project STL261, the "Willow Street Bridge Replacement Widening," appropriating the anticipated TDIF contribution to the project in its entirety; and WHEREAS, this project is still in the design phase, and will continue to be so through FY 04/05; and WHEREAS, staff recommends the adjustment of the appropriation, returning these funds to the available balance of the TDIF fund; and WHEREAS, upon completion of the design phase, staff will return to Council to request appropriation of additional funds to the project; and WHEREAS, staffrecommends modifying the STM33l, "East Orange Avenue Extension Study" project; and WHEREAS, this project is nearing completion, however, it maintains an available balance in excess of anticipated future expenses; and 5-3 WHEREAS, staff recommends the return of previously appropriated funds to the available balance of the TDIF fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the return of previously appropriated TDIF funds from Capital Improvement Projects TF313, STL261, and STM33 I to the available balance ofthe TDIF fund. Presented by Approved as to form by c4ArAdL Moore City Attorney Jack Griffin Director of Genenil Services rlattomeylceso\ TDIF\ SCATS-Willow St.-E. Orange 5-~ 2 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 07/13/04 ITEM TITLE: Resolution approving a Design Build Agreement with Erickson-Hall Construction Co. for the design and construction of Mountain Hawk Park, located in the Eastlake Vistas neighborhood of the City of Chula Vista, appropriating funds therefore and authorizing Mayor to execute said agreement SUBMITTED BY: Director of General Services f\ '- REVIEWED BY: City Manage~~9 (""" (4/Sths Vote: Yes..x... No--> The City Council previously approved by Resolution No. 2004-05 the Master Plan for Mountain Hawk Park, which conceptually designed and provided for the construction of a completed and fully functional 12-acre park. On June 17,2003 the Council approved a resolution establishing a Design-Build Priority List excluding fire facilities to be used in awarding Design-Build contracts for future City projects. On April 29, 2004 an RFP (Request for Proposal) was issued to five Design-Build fi=s off the Priority List to prepare proposals for the design and construction of a completed and fully functional 12-acre park, Mountain Hawk Park. The resolution before council this evening will award Erickson-Hall Construction Co. a Design Build Agreement for the provision of services required to design and construct Mountain Hawk Park and appropriate funds to a capital improvement project that will enable the design phase of the project to commence and authorizing Mayor to execute said Agreement. RECOMMENDATION: That the City Council approve a Design Build Agreement with Erickson-Hall Construction Co. for the design and construction of Mountain Hawk Park, appropriate funds to a capital improvement project that will enable the design phase of the project to commence and authorizing Mayor to execute said Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On April 17, 2003, the Department of Building and Park Construction issued an RFQ, pursuant to Section 2.57 of the Chula Vista Municipal Code, for Construction Management and Design Build Services to assist staff in the work required to design and construct needed City facilities, excluding fire facilities. On May 2, 2003, the City received twelve proposals in response to the RFQ. After reviewing the proposals the City's selection committee, appointed by the City Manager, invited nine fi=s to interview and b~~ed ,upon the RFQ responses and interviews a fa -I Page 2, Item: v Meeting Date: 07/13/04 priority list of Construction Managers and Design Builders was created. This priority list was approved by Council on June 17, 2003 and remains current for five years. On April 29, 2004, in accordance with Section 2.57 of the Chula Vista Municipal Code, the City requested proposals from five Design Build firms off the priority list for services to design and construct a fully functional 12-acre park, Mountain Hawk Park. Two of the fi=s submitted proposals. They were Douglas E. Barnhart, Inc. and Erickson-Hall Construction Co. Based on the proposals, Erickson-Hall Construction Co. was selected as the Design Builder with extensive construction experience for this type of project and who could best meet the City's development schedule, monetary and time criteria of the project. The DIB Team of Erickson-Hall Construction Co. and DeLorenzo Incorporated offers an excellent combination of design and construction expertise for this type of project. The City has been pleased with the work of Erickson-Hall Construction Co. and their ability to complete projects on time and on budget as demonstrated with the City's following capital improvement projects: Fire Station No.4 addition and Fire Station No.2 storage facility. DeLorenzo Incorporated has extensive knowledge of Mountain Hawk Park, as they are the architectural firm that prepared the Mountain Hawk Park Master Plan, which will provide continuity into the design phase of this project. DESIGNIBUILD Staff is recommending the City enter into an agreement with Erickson-Hall Construction Co. for the provision of services required to design and construct Mountain Hawk Park. The designlbuild process includes functions that are quite different from the designlbidlbuild process typically used for City construction projects. . The designlbuild process employs a single entity, either a general contractor or an architect, which provides both design and construction services. In the typical scenario, a designlbuild oriented general contractor provides the design and construction services. Alternatively, an architectural firm may provide the design services and hire the general contractor on a consulting basis for the construction phase. In this later scenario, the architectural firm will be held responsible for all aspects of the project. In the case of Mountain Hawk Park, the designlbuild process will place sole responsibility for delivery of the project upon Erickson-Hall Construction Co., a general contractor. Erickson-Hall Construction Co. will subcontract for the design and consulting services, and trade contracts during the construction phase. Generally utilization of a designlbuild process will provide savings in cost and time because the entire project is managed and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple entities and overhead on one project. The designlbuild process provides the City the flexibility to work with the best contractors in the County as it does not necessarily require award to the lowest responsible bidder. PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS As proposed, the DesignlBuild Agreement with Erickson-Hall Construction Co. will provide the City with a fully functional12-acre park that will be located in the Eastlake Vistas neighborhood h-2 Page 3, Item: ~ Meeting Date: 07/13/04 and will provide service to residents of that community as well as other residents of the City. The scope of work includes but is not limited to the following: Design and construct for the City a fully functional 12-acre park as outlined in the "Mountain Hawk Park, Approved Master Plan", dated February 10, 2004 (Master Plan). The park shall include, but not be limited to all components described in the Master Plan. The Project is located in the Eastlake Vistas neighborhood, north of Olympic Parkway, east of the Salt Creek Corridor and west of the Otay Lakes reservoir along Lake Crest Drive in the City of Chula Vista. Erickson-Hall Construction Co. shall perform all services, work, and obligations as described necessary to provide a fully completed and functional Project, which shall include design services, general conditions and construction management for the not to exceed amount of $3,377,458. At 90% construction documents a Guaranteed Maximum Price (GMP) will be established as part of the agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully 12-acre park in accordance with all applicable building codes. Staff will return to Council for approval of the GMP. At that same time, Staff will also request that Council appropriate the necessary funds from the Park Acquisition and Land Development Fund. CHANGE ORDERS Under the designlbuild process, change orders are handled differently than under the designlbidlbuild process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by the City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the designlbuild construction technique. PROJECT COMPLETION DATES Erickson-Hall Construction Co. has agreed and the contract reflects the following completion dates: . Substantial Completion: No later than 420 calendar days from issuance of Notice to Proceed at execution of Agreement. Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work. ~ -"3e Page 4, Item: L Meeting Date: 07/13/04 . Final Completion shall occur at the conclusion of construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully occupy and utilize entire project; Final Completion shall further mean that all goods, services and systems be provided under the terms and conditions of the Construction Documents are in place and have been tested, and are operationally functional. ENVIRONMENTAL STATUS The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Eastlake III Woods and Vistas Replanning Program Final Subsequent Environmental Impact Report (EIR-Ol- 01). Thus, no further environmental review or documentation is necessary. FISCAL IMPACT: Approval of this resolution will award a Design Build agreement to Erickson-Hall Construction Co. and appropriate $616,679.00 from the available balance of the Park Acquisition and Land Development fund. Erickson-Hall Construction Co. shall perform design services, general conditions, and construction management for the not to exceed amount of $516,679. This appropriation will provide the necessary funds to complete the design phase for the new Mountain Hawk Park capital improvement project including the cost of preliminary geotechnical testing and City staff costs. At 90% complete construction documents a Guaranteed Maximum Price (GMP) will be established as part of the agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional 12-acre park in accordance with all applicable building codes. The total estimated Project costs are $3,800,000 and are broken down as follows: Master Plan; $60,000 (completed), Design and Construction; $3,377,458 and furniture, fixtures, equipment, specialty consultants, contingencies and staff time; $362,542. Staff will return to Council for approval of the GMP, which shall not exceed $3,377,458, once the construction documents reach 90% completion. At the same time, staff will request that Council appropriate additional funds from the Park Acquisition and Land Development Fund to construct the project. Attachment(s): Attachment I - Design/Build Agreement ¡:IGeneral SeMeeslGS AdministrationlCouneil AgendalMountain Hawk ParklMountain Hawk Park DBA A113.doc b-i} RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR DESIGN AND CONSTRUCTION OF MOUNTAIN HAWK PARK, LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF THE CITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City Council previously approved by Resolution No. 2004-05 the Master Plan for Mountain Hawk Park, which conceptually designed and provided for the construction of a completed and fully functional12-acre park; and WHEREAS, on June 17,2003 City Council approved a resolution establishing a Design-Build Priority List excluding fire facilities to be used in awarding Design-Build contracts for future City projects; and WHEREAS, on April 29, 2004, in accordance with Section 2.57 of the Chura Vista Municipal Code, a Request for Proposal (RFP) was issued to five Design-Build firms off the Priority List to prepare proposals for the design and construction of a completed and fully functional 12-acre park, Mountain Hawk Park; and WHEREAS, staff recommends the City enter into an agreement with Erickson-Hall Construction Co. for the design and construction of Mountain Hawk Park and appropriate funds to a capital improvement project that will enable the design phase ofthe project to commence; and WHEREAS, Erikson-Hall Construction Co. shall perform all services, work and obligations as described necessary to provide a fully completed and functional Project, which shall include design services, general conditions and construction management; and WHEREAS, under the designlbuild process, change orders are returned for Council approval only if they exceed the approved GMP, or are for additional work requested by City, which results in a significant change to the original scope; otherwise, change orders are reviewed and approved by staff and the design builder. WHEREAS, the Envirorunental Review Coordinator has reviewed the proposed project for compliance with the California Envirorunental Quality Act and has determined the proposed project was adequately covered in the previously adopted Eastlake III Woods and Vistas Replanning Program Final Subsequent EIR (EIR-OI-01). NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista to -5- does hereby approve the a Design-Build Agreement with Erikson-Hall Construction Co. for design and construction of Mountain Hawk Park, appropriating funds therefore and authorizing the Mayor to execute said agreement. Presented by Approved as to form by Jack Griffin Director of General Services J:lattomeylresolAgreementlDesign Build Mountain Hawk - Erikson-Hall b-h -- THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: June 25, 2004 Design Build Agreement with Erikson-Hall for Design and Construction of Mountain Hawk Park b-} DESIGN/BUILD AGREEMENT This Agreement is made and entered into this 13th day of July, 2004, by and between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and Erickson-Hall Construction Co. ("Design Builder or D/B"). City and DIB are sometimes hereinafter referred to as Parties ("Parties"). RECITALS WHEREAS, the project, Mountain Hawk Park, is a new facility to the City, and WHEREAS, the City of Chula Vista, in an on-going effort to expand the services to the community, has planned for Mountain Hawk Park in the Eastlake Vistas neighborhood located north of Olympic Parkway, east of the Salt Creek Corridor and west of the Otay Lakes reservoir along Lake Crest Drive in the City of Chula Vista; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Eastlake III Woods and Vistas Replanning Program Final Subsequent Environmental Impact Report (EIR-01-01). Thus, no further environmental review or documentation is necessary; and WHEREAS, on April 17, 2003 Building and Park Construction issued a Request for Qualifications (RFQ), Pursuant to § 2.57 of the City's Municipal Code, Design Build services to design and construct needed City facilities, excluding fire facilities, and WHEREAS, on June 17, 2003 the Council approved a resolution establishing a Design-Build Priority List to be used in awarding Design-Build contracts for future City projects, excluding fire facilities, and WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on April 29, 2004 an RFP (Request for Proposal) was issued to five Design-Build firms off the Priority List to present proposals, and WHEREAS, two respondents submitted proposals and based upon the review of each proposal, Design Builder was selected as the respondent who best met the design, monetary and time criteria of the project with whom City could negotiate an agreement; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein: THE PARTIES AGREE: Section 1 : General Scope of Work to Be Performed by D/B b-? 1.1 In accordance with the terms set forth in this Agreement and the RFQ for Design Build Services excluding Fire Stations and Mountain Hawk Park RFP (Exhibit 1), D/B shall design and construct for the City: a completed and fully functional 12-acre park. The park shall include, but not be limited to all components outlined and described in the attached document within the Mountain Hawk Park RFP entitled Mountain Hawk Park Master Plan (Exhibit 1) (referred to hereafter as "Project"). The Project is in the Eastlake Vistas neighborhood located north of Olympic Parkway, east of the Salt Creek Corridor and west of the Otay lakes reservoir along lake Crest Drive in the City of Chula Vista. 1.2 The services to be provided by D/B are generally to be performed in four "Phases"; the services to be provided in each Phase are specified elsewhere in this Agreement. The services provided by the D/B shall include, but not be limited to, all services outlined and described in this agreement and those within Exhibit 1. 1.3 The D/B shall: 1.3.1 1.3.2 Perform all services, work and obligations as described herein for the not to exceed amount of $3,377,458 which shall include Design Services and General Conditions necessary to provide a fully completed and functional Project. D/B shall perform all Design Services and General Conditions for the not to exceed amount of $516,679 as outlined in the Design Build Fee Structure (Exhibit 2). At 90% complete construction documents a Guaranteed Maximum Price (GMP) will be established pursuant to Section 13 of this Agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional Fire Station in accordance with all applicable rules, regulations, and laws. The D/B fee shall be based upon the Design Build Fee Structure (Exhibit 2) and is estimated at $187,500. Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a change order is approved by the City pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP at the completion ofthe project shall belong to the City. Substantial Completion: Achieve "Substantial Completion" (as defined in §16.1) no later than 420 calendar days from issuance of Notice to Proceed at execution of Agreement. 2 ::-1 1.3.3 Section 2: Achieve "Final Completion" (as defined in §16.2) No later than 450 calendar days from issuance of Notice to Proceed at execution of Agreement. General Obliqations of City 2.1 City shall be obligated as follows: 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 Designate a representative (or representatives) who is authorized to act on behalf of City with respect to the Project, except as to those decisions specified herein or by law that require authorization by the Chula Vista City Council; Make decisions with reasonable promptness to avoid delay in the orderly progress of D/B's services per the Detailed Construction Schedule (DCS); Pay for and cause to be completed all necessary environmental studies and obtain environmental approvals and/or permits with reasonable promptness to avoid delay to the orderly progress of . D/B's performance per the DCS; At the request of D/B, City will use its best efforts to provide D/B with any available information about the Project Site geotechnical soil conditions; it will, however, be the responsibility of D/B to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to D/B the accuracy or completeness of any such information. Cooperate with D/B in identifying, processing and securing required permits, licenses and inspections in a timely fashion; however, this duty to cooperate does not relieve D/B of its primary obligations to identify, apply for and secure all necessary permits (except as provided in 2.1.3), licenses and inspections in a timely manner. Make payments to D/B in the amounts and in accordance with the terms set forth below. Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1. Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2. 3 b":-/O 2.2 City Review Process. City shall review Design Development Drawings (ODD's), 50% Construction Drawings (CD's), 70% CD's ,90% CD's and 100% CD's which shall allow construction of Project in conformity with the Approved Master Plan for the Project. 2.2.1 Section 3: 3.1 For each D/B submission, City shall have fifteen (15) working days to review, approve, conditionally approve or deny. General Obliqations of D/B D/B shall be obligated as follows: 3.1.1 3.1.2 3.1.3 3.1.4 At all times in performing its services under this Agreement to design and deliver the best possible Project consistent with standard of care in Section 3.3 that satisfies the time, monetary, quality and design parameters set forth in this Agreement; Design and construct the Project on time, consistent with time frames set forth in the DCS, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, but if D/B reasonably believes that any action, inaction, decision or direction by City or agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being completed late, D/B will notify City at Project Team meeting and in writing within five (5) calendar days of discovering such action, inaction, decision, or direction. Included in such notice will be an estimate of the cost and time impact resulting from such action, inaction, decision or direction. D/B shall provide complete and accurate pricing within ten (10) calendar days of said discovery. Perform, or obtain the prior written consent of the City to subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced architects, engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit 3. D/B shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the D/B of any of its obligations or responsibilities under this Agreement; Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency; 4 b:¡l 3.1.5 3.1.6 3.1.7 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in this Agreement; Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap; Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, density and density ratios and lien laws, and comply with them in performance of its services. D/B shall ensure that within the established GMP that the Project conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a building permit. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, D/B shall make the required modifications to comply with the same. However, in the event of such an occurrence, the GMP and Contract Time may be subject to an adjustment in accordance with Section 14. Nothing contained in this paragraph shall relieve D/B of its obligations to modify the Project at its own expense where D/B has failed to construct the Project in compliance with Governmental Requirements applicable as of the date of this Agreement. 3.1.8 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following: 3.1.8.1 Not interfere with pedestrian and vehicular access; 3.1.8.2 Control dust and noise in accordance with the provisions in Section 7-8.1 of the 2000 Edition of the Standard Specifications for Public Works Construction, City Ordinances and this Agreement 5 fb,2fi 3.1.9 Use reasonable care to avoid damaging existing buildings, equipment and vegetation adjacent to the Project Site. If D/B causes damage to any of this property, D/B shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. D/B agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project. 3.1.10 To obtain all permits necessary to complete the Project. City shall pay cost of permits. D/B shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors. 3.1.11 Conform its design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). 3.1.12 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) ODD (2) 50% CD's (3) 70% CD's (4) 90% CD's and (5) 100% CD's. Said approval shall be evidenced by written notice to proceed with the subsequent phase. 3.1.13 3.1.14 3.1.15 Provide cost estimating and value engineering services, which take into consideration long-range maintenance costs, energy efficiency, and impact operation of the Project. Provide cost estimates to the City at ODD's, 50% CD's, 70% CD's and 90% CD's. Provide final cost estimate, in four copies, to the City with Final Construction Documents. Review soils and geotechnical reports relating to the Project Site; and determine and advise City if any further subsurface investigations are warranted. If such further investigations are authorized by City, D/B shall perform said investigations. The costs of said investigations are Reimbursable Costs to be paid by the City without markup, pursuant to Section 13. Be fully responsible for all additive costs, damages, and liabilities resulting from errors or omissions beyond the standard of care defined in Section 3.3 by D/B or D/B's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time. 6 " :}$' 3.2 DIB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. 3.2.1 Unanticipated subsurface site conditions 3.2.1.1 3.2.1.2 3.2.1.3 City assumes risks for unanticipated subsurface site conditions provided D/B notifies City in writing within five (5) calendar days of discovery if D/B believes it has uncovered or revealed a condition which: 3.2.1.1.1 differs materially from that indicated in the soils and geotechnical reports furnished by City, or 3.2.1.1.2 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in the work required by Agreement. Upon receipt of written notice, City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a change order pursuant to Section 14. If City determines there is no bona fide Work scope change or is a minor change, which does not impact GMP or Contract Time, City shall notify D/B within ten (10) calendar days. D/B shall not be entitled to an adjustment in the GMP or Contract Time if D/B knew or should have known of the existence of such conditions at the time D/B submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered as a result of D/B's obligations pursuant to Section 3.1.14. 3.3 D/B shall perform in a manner consistent with that level of care and skill ordinarily exercised by members ofthe profession currently practicing under similar conditions and in similar locations. Compliance with this section by D/B shall not in any way excuse or limit D/B's obligations to fully comply with all other terms in this Agreement. 3.3.1 D/B warrants that at least one member of the D/B team shall be licensed by the California Contractor's State License Board as a General Building Contractor. D/B is to provide a list ofthe responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City 7 b-71.{ prior to start of construction. City and D/B shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of D/B, City shall have the right to approve the replacement personnel assigned to this Project. D/B shall comply with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. 3.3.2 Project Manager, Landscape Architect, and Project Architect throughout all phases of the Project hereunder, the individual project manager, landscape architect and project architect shall be as reflected in Exhibit 3. So long as the Individual Project Manager and Project Architect remain in the employ of the General Contractor and Architect, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City. Any violation of the terms and provisions of this Section shall constitute a Material Default. 3.3.3 City Right to Remove Project Manager, Landscape Architect and Project Architect. Notwithstanding the foregoing provisions of Section 3.3, if the Individual Project Manager, Landscape Architect or Project Architect, proves not to be satisfactory to the City, upon written notice from the City to the General Contractor, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below. 3.3.4 Replacement Selection of Project Manager, Landscape Architect, andlor Project Architect. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Architect, or promptly following the discovery by the Design Build Team that any Individual Project Manager, Landscape Architect or Project Architect is leaving the employ of the General Contractor or Architect, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld. In the event that the City and Design Build Team cannot agree as to the substitution of replacement of the Individual, the City shall be entitled to terminate this Agreement for cause. 3.4 D/B shall cooperate with City in obtaining Environmental approvals and/or permits. 8 6::';5 3.5 D/B agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of City Representative shall be borne exclusively by D/B and not be grounds for an increase in GMP or Contract Time unless necessary to protect public health, safety or property. 3.6 D/B team is to provide progress photographs taken at regular intervals throughout the Project. Photographic documentation shall depict an overview of Project site showing work in progress. Dates and times to be documented. Copies of documentation shall be transmitted to the City monthly. The costs are Reimbursable Costs to be paid by the City without markup, pursuant to Section 13.3. 3.7 D/B shall fully cooperate with City Representative and any of its agents assigned to this project. Section 4: Work Restriction and BiddinQ Requirement 4.1 D/B shall determine how best to package portions of the work for purposes of bidding. D/B shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in D/B's own name, with the bidder who in D/B's discretion best meets the monetary, time, and performance requirement of the Project. D/B is required to submit a summary of bid results for each bid package. D/B shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below. 4.2 D/B shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shåll be timely informed of all bid protests (prior to resolution) and the outcome of said protests Section 5: D/B's Phase I Services and ObliQations - Desiqn Development 5.1 D/B's services in Phase I shall include, but are not limited to the following: 5.1.1 Utilizing the approved Master Plan Continue to refine project requirements and review such requirements with the City. 5.1.2 Prepare complete DDD's such that the DDD include, without limitation, the following: 5.1.2.1 Site plan with pertinent notes and dimensions indicating property line; existing public streets, sidewalks, curb cuts, other public improvements; required setbacks; service, 9 c,;!(P 5.2 5.1.2.2 5.1.2.3 5.1.2.4 5.1.2.5 5.1.2.6 5.1.2.7 5.1.2.8 5.1.2.9 trash, fire lane and truck access, adjacent buildings, building outline; basketball court, multi-use sports field, play areas, shelters, comfort station, landscape and site elements. Floor plans including graphically demonstrating interior and exterior walls and fenestration with notes, dimensions and gridlines; room names, structural bay spacing with grids, critical dimensions and area calculations; Roof plans including detailed notes, dimensions, mechanical equipment locations, define material for mechanical screens, skylights and roof access, roof materials, roof drainage and establish window washing concept; Building sections including vertical dimensions, floor assembly thickness showing known structural elements, notes and dimensions. Exterior elevations including material references and extent; visible roof top elements; existing and new line of grade; indicate of floors with leader lines; and vertical dimensions; notes, dimensions and grid lines. Wall sections including all wall sections, dimensions, horizontal element offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall finishes; and wall and roof assembly; Outline specifications, written description of building systems, park elements and components including site work, room finishes, product cut sheets and special equipment. Verify all code compliance including building construction type, occupancy sprinkler requirements, existing, zoning and other agency conformance and ADA. Delivery of 3D rendered images, color and material boards, special system or equipment plans. Prepare and submit to City detailed cost estimates with ODD. 10 ~.:tj 5.3 Submit completed DDD to City. Obtain comments from City and make revisions to DDD as required. Obtain written approval or conditional approval from City to proceed to Phase II Services. If conditional approval granted, D/B shall address all City comments or issues in the next set of drawings developed. City retains the right to withhold approval and require resubmittal of the DDD. Any delay or additional costs resulting from the re-submittal shall be borne exclusively by D/B and not be grounds for an increase in the GMP or Contract Time. Section 6: D/B's Phase II Services and Obliqations - Construction Documents 6.1 D/B's services in Phase II shall include but are not limited to the following: 6.1.1 D/B shall continue to develop and refine project requirements and review such requirements with City; 6.1.2 D/B shall prepare CD's which shall include, without limitation, the following: 6.1.2.1 Architectural plans and details, including: 6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site improvements. 6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of installed or fixed and movable equipment which affects the design of the spaces. 6.1.2.1.3 Building elevations indicating exterior design elements and features, including fenestration arrangements, materials, mechanical and electrical features appearing on the walls, roofs, and adjacent areas. 6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems locations. 6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and accommodation of functional systems. 11 G-i! 6.1.2.2 6.1.2.3 6.1.2.4 6.1.2.5 6.1.2.6 6.1.2.7 6.1.2.8 6.1.2.9 6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings, and major features. Structural drawings including plans and sections of sufficient clarity and detail to show the extent and type of structural system and dimensions, final structural design criteria, foundation design criteria, preliminary sizing of major structural components, critical coordination clearances and applicable material lists. Mechanical plans and details; Landscape and Irrigation plan and details; Electrical plans and details; Plumbing plans and details; Plans showing installation of major systems, equipment, fixed furnishings and graphics; Technical specifications; All other technical drawings, schedules, diagrams and specifications, to set forth in detail the requirements for construction of the Project which, at a minimum, include: 6.1.2.9.1 Provide information customarily necessary for the use of those in the building trades; 6.1.2.9.2 Include documents customarily required to obtain regulatory agency approvals; 6.1.2.9.3 Provide color board and architectural rendering for required presentations. 6.1.2.10 Mechanical design documentation consisting of continued development and expansion of schematic mechanical design consisting of: 6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities, preliminary equipment layouts. 12 6::./1 6.1.2.10.2 Required space requirements for the equipment, required chases and clearances, acoustical and vibrations control, visual impacts and energy conservation measures. 6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic electrical design consisting of: 6.1.2.11.1 6.1.2.11.2 Criteria for lighting, electrical, communications audio visual, close circuit T.V., lighting controls and other electrical systems typical to civic facilities, the approximate sizes and capacities of major components transformers-panels-switch gears; Preliminary equipment layouts, required space for equipment, required chases and clearances. Sections through critical areas showing coordination of architectural, structural, mechanical and electrical elements. 6.1.2.12 6.1.2.13 Final specifications, including but not limited to the following: 6.1.2.13.1 6.1.2.13.2 6.1.2.13.3 6.1.2.13.4 Architectural: general description of the construction, including interior finishes, types and locations of acoustical treatment, typical and special floor coverings and final exterior and interior material selection; Mechanical: description of air conditioning, heating and ventilation systems and controls, ducts, and piping system; Electrical: description of electrical services, including voltage, type and number of feeders, lighting systems, including lighting levels and audiovisual, security-fire alarms and cable antenna television systems; Landscape: General description ofthe construction, including plan materials, plant locations, maintenance period and irrigation systems. 13 G:io 6.1.3. 6.1.2.13.5 Play Areas: Description of play equipment including installation procedures, type, color, finishes and locations. 6.1.2.13.6 Site Work: General description of the construction, including finishes, types of materials and locations. 6.1 .2.13.7 6.1.2.14 Other: Such other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate. Plumbing drawings including location and quantity of fixtures, equipment sizes, room sizes for plumbing equipment, and final specifications as appropriate. Utilizing the 2000 Edition of the Standard Specifications for Public Works Construction, 2000 Edition of the Chula Vista Standard Special Provisions, 2000 Edition of the Regional Standards, 2002 Edition of the Chula Vista Construction Standards, the City's facility program, performance and design criteria, concept drawings, and reports incorporated herein by reference, DB shall: 6.1.3.1 Prepare CD's and specifications suitable for obtaining City- approved permits and to allow construction. Preparation of technical materials and equipment specifications for pre- purchase will be the responsibility of the DB. 6.1.3.2 Submit Construction Documents to the City for plan check, and make any changes therein as may be lawfully required. Obtain general building permit and all ancillary permits and licenses, including but not limited to, demolition permits, improvement permits and grading permits. 6.1.3.3 Complete the design for all elements of the Project, including, but not limited to: civil, structural, architectural, mechanical, electrical, landscape, and specialty consulting areas. 6.1.3.4 Evaluate alternative structural and construction approaches to ensure economical designs, which optimize constructability yet meet all codes, architectural concepts, schematic designs, and standard specifications of the 14 G~~j Project. Design and construction shall also meet all ADA requirements. 6.1.3.5 Provide additional site surveys and geotechnical investigations to the extent the DB determines they are necessary for final design. The survey information provided by the City is preliminary in nature and may not have sufficient accuracy or scope to support final design. 6.1.3.7 Furnish support to a City constructability review team at the 50%, 70% and 90% percent design completion stage. Incorporate the results of this review into the design. Provide updated construction cost estimates at durations specified in this agreement to support Value Engineering (VE) and constructability reviews. 6.1.3.6 6.2 D/B shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project. 6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction components of the Project (" Detailed Construction Schedule" or "DCS") utilizing Microsoft Project software, showing all major milestones, bid dates for the major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the community park, all of which shall conform with the dates of Substantial Completion and Final Completion of Project. 6.4 Review as needed the CD's with the governmental authorities having jurisdiction over the Project. 6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes that the cost of the Project is likely to exceed the GMP or Contract Time and include in said notice: 6.5.1 An itemized cost breakdown estimate; 6.5.2 A list of recommended revisions which D/B believes will bring Project within the GMP; 6.5.3 Assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded. 15 b~ií. 6.5.4 Provide a master accounting system and matrix on Microsoft Excel that will be updated, expanded and provided to the City monthly as the Project develops. 6.6 D/B shall develop and implement Project Management Plan and Procedures including: 6.6.1 6.6.2 6.6.3 6.6.4 6.6.5 6.6.6 6.6.7 6.6.8 6.6.9 Project status reports Coordinationlinterface with the City and its other consultantslcontractors Intentionally Left Blank Biweekly Design and Construction meetings Interface and communications with other agencies Vendors and subcontractors management Document control Schedule and budget control Quality assurance and quality control 6.6.10 Throughout the design phase, the D/B shall provide scheduling and cost control reports monthly. 6.7 Submit and obtain approval from City of Phase II items. Provide written confirmation that the project is still within the GMP and can be built in accordance with the DCS. Said written confirmation shall include an accounting of all costs and expenses incurred to date against the GMP. Obtain written approval from City to proceed to Phase IV. 6.8 City and D/B may mutually agree in writing that D/B may contract for or perform certain limited Phase III services during earlier phases to expedite completion of the Project, for such tasks as, for example, demolition ofthe buildings and relocation of utilities, and other critical path activities to meet the Project Construction Schedule. However, absent such written agreement, D/B shall not proceed with any Phase III services until the City issues a written Notice to Proceed with Phase III. 6.9 Present to the City for approval the following: 100% CD's, Management and Implementation Plan, DCS. 16 6-2'f 6.9.1 Section 7: Upon presentation by D/B to the City of the items specified in Section 6.9, the City may: 6.9.1.1 Approve the 100% Construction Documents, and Management and Implementation Plan and DCS, and authorize D/B to proceed with Phase III services; or 6.9.1.2 Determine not to proceed with the Project and terminate this Agreement in accordance with Section 26.3 of this Agreement; or 6.9.1.3 Direct DIB to revise and resubmit documentation submitted to City pursuant to this Section which does not conform to previously approved direction of City any delay or additional costs resulting from the resubmittal shall be borne exclusively by DIB and not to be grounds for an increase in the GMP or Contract Time. D/B'S Phase III: Construction Administration 7.1 After City formally approves any required cost estimates, 100% CD's and Construction Schedule, City shall issue to D/B a written Notice to Proceed with Phase III Services. The D/B shall construct the Project in accordance with City- approved plans and specifications prepared by the DB to meet or exceed all requirements of the City provided program, schematic design and the performance criteria. The D/B's Phase III Services shall include but are not limited to: 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 Prepare and submit to City for review separate bid packages as D/B determines appropriate to enable the construction of the Project to proceed in an efficient and cost effective manner; Conduct competitive bidding for the respective bid packages. D/B shall require additive alternates for extended warranties in bid packages for roofing and HVAC systems. Schedule and conduct pre-bid conferences to answer questions posed by bidders; said answers and any other information required to provide clarification to the Construction Documents during the bidding process shall be issued as written addenda and provided to all prospective bidders; Execute subcontracts, in D/B's own name, with the bidder best meeting the monetary, time, and performance requirements of the Project in the professional opinion of the D/B. 17 Ø-L'ð' 7.1.6 7.1.7 7.1.8 7.1.9 Perform construction management and administration services during the construction of the Project; Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures; Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to schedule; Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project; 7.1.10 Provide timely review and approval of shop drawings, samples of construction materials, product data, schedule submittals, and other submittal for compliance with the Construction Documents; keep City advised of all such matters being reviewed and approved by O/B; 7.1.11 Issue responses to Requests for Information, substitution requests, and Change Order requests. Provide City with copy of all correspondence within twenty-four (24) hours of receipt. Conduct weekly review meetings with City to discuss these items. All change orders, including zero dollar change orders which require the use of D/B Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approval; 7.1.12 Establish and maintain a quality control program with appropriate reviews and independent testing procedures to ensure compliance with the Construction Documents; 7.1.13 Coordinate all required inspections in such a manner that the progress of construction is not affected or impacted; 7.1 .14 Correct any work which does not conform to the Construction Documents; 7.1.15 Keep City informed of the progress and quality of the design and construction of the Project; 7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits or claims for infringement of patent rights and shall defend and hold City and City's agents harmless from loss on account thereof; except that City shall be responsible for such loss when a particular design, 18 b-U 7.1.17 process or product of a particular manufacturer is required by City. However, if D/B has reason to believe the use of a required design, process or product is an infringement of a patent, D!B shall be responsible for such loss unless such information is promptly given to the City in writing. Ensure Project is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, D/B shall cause to be removed from and about the Project all tools, construction equipment, machinery, surplus materials, waste materials and rubbish; 7.1.18 Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences; 7.1.19 Provide City with a DCS on an approved software within fourteen (14) working days after receiving Notice to Proceed with Phase III, provide updated versions of DCS on a monthly basis, and provide immediate notice of any impact on critical path items; 7.1.20 Conduct and prepare minutes for weekly Project team meetings with City and appropriate design and construction members; 7.1.21 7.1.22 7.1.23 Maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during construction which reflect all changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with four reproducible, and one electronic set of drawings depicting As-Built conditions for Project; Notify City in writing when D!B believes that the Project has achieved Substantial Completion, participate with City in inspecting the completed construction, prepare punchlists, and cause the punchlist items to be performed and!or corrected in accordance with the Construction Documents; Notify City in writing when D!B believes that the Project has achieved Final Completion. Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance! service contracts, and maintenance and operating manuals; 7.1.24 Inspect the Project during the one-year general building warranty period, identify items requiring repair, and oversee those repairs. 19 6=27 Inspect the each component at 180 and 360 days after Final Completion of Project and prepare reports to City, develop budgets and direct all repairs. 7.1.25 Conduct contractor meetings, as necessary, to provide technical input. 7.1.26 Provide interpretation of technical specifications and drawings. 7.1.27 When appropriate, witness testing and review materials and equipment testing results and provide comments regarding conformance with specification requirements. 7.1.28 Provide list of required shop drawing submittals. Review shop- drawing submittals for technical compliance and forward copy to City for review. 7.1.29 Assist during final acceptance process by furnishing final walk- through(s) and comments. 7.1.30 The DB shall be responsible for complete management, supervision, and reporting of all aspects of the construction of this Project. 7.1.31 The DB shall provide resident management and contract administration, including specialists necessary for the functional, safe, on-budget and on-schedule completion of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final CD's, from the City and extending through issuance of Notice of Completion and Acceptance. City staff will perform inspections to verify compliance with the plans, specifications and contract documents. 7.1.32 The DB resident staff shall ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, construction mitigation documents and enforcement of the Contract Documents. 7.1.33 The DB is responsible for the design, construction and all contract administration services during the construction of the Project in accordance with all applicable laws, regulations, and codes, including, but not limited to, the 1990 Americans with Disabilities Act (ADA) and Title 24 California Code of Regulations (Building Code) as defined in Section 18910 of California Health and Safety Code (Title 24). The DB is responsible as a designer, employer, and City representative to comply with all portions of Title 24 and the ADA. 20 6~Zg The DB shall provide surveying, and other contracted services as required to complete project construction inspection and testing tasks. The City will provide special inspection services and periodic building inspections. DB is responsible for scheduling and coordinating all inspections and paying for all re-inspections. 7.1.35 The DB shall develop a project-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 7.1.34 7.1.36 The DB shall implement and maintain an internal records management and document control system as required to support project operations. The DB shall provide records management and document control information in a manner consistent with the City's reporting system. 7.1.37 The DB shall administer and coordinate the project contract closeout process and shall resolve any warranty provision issues. The DB shall report progress of project contract closeout to the City in a manner consistent with the City's reporting system. 7.1.38 The DB shall administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if any. The DB shall report a record of environmental issues to the City in a manner consistent with the City's reporting system. 7.1.39 Prepare Operations Manual. 7.2 Unless the D/B receives the City's prior approval to substitute equal or better quality materials, the D/B warrants to City that materials and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and in accordance with Section 22. 8.1.1 D/B's Phase IV Services and Obliqations: Operation/Startup Phase The DB shall prepare, submit for City review and written approval, and implement a Project Startup and Testing Plan for the Project. Section 8: 8.1.2 The DB shall conduct Operator Training Sessions for facilities. 21 ~-z'í' 8.1.3 The DB shall supervise, manage, and coordinate all project startup and testing activities for mechanical systems within the provisions of the project Contract Documents. The DB shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. 8.1.4 8.1.15 The DB shall report to the City all guarantee/warranty disputes. The DB shall proceed to resolve such disputes after having submitted to the City for review and approval the DB's approach for obtaining resolution for the dispute. Additional Services Section 9: 9.1 City will have the right to direct D/B to perform Additional Services beyond those specified in this Agreement. D/B may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, D/B will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City. 9.2 For Additional Services which increase the Hard Construction Costs, design costs, or other reasonably necessary costs of the Project, D/B shall be paid a fee pursuant to the sliding scale as determined on Exhibit 2. Said fee shall cover all home office overhead and profit to be earned as additional services. 9.3 For additional services, which result in an extension of the Substantial Completion date, D/B shall be paid a fee equal to the number of working days the Substantial Completion date is extended multiplied by the daily proration of the general conditions fee included within the GMP. 9.4 If at any time D/B contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that D/B intends to seek additional compensation beyond the D/B Fixed Fee. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City. Section 10: Bonds 10.1 D/B shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all D/B's obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this 22 6.30 Agreement. D/B shall also furnish such other bonds as are required by this Agreement. 10.1.1 The performance bond shall be in the amount of 100% of the GMP. 10.1.2 The payment bond shall be in the an amount of 100% of the Hard Construction Costs. 10.2 All bonds shall be in the form prescribed by City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. 10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, D/B shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City. Section 11: Insurance 11.1 The insurance provisions herein shall not be construed to limit D/B's indemnity obligations contained in this Agreement. 11.2 D/B shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the D/B, his agents, representatives, employees or subconsultants. All subconsultants shall be required to comply with the applicable insurance provisions. The maintenance of proper coverage is a material element of the contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. 11.3 Minimum Scope of Insurance 11.3.1 Coverage shall be at least as broad as: 11.3.1.1 Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) including Insurance Services Office Form (GOO09 11 88 Owners 23 "- .' b -::11 and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor). 11.3.1.2 Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 11.3.1.3 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 11.3.1.4 Errors and Omissions Insurance. 11.3.1.5 Builder's Risk Property Insurance: The City of Chula Vista will provide coverage for "all risk" Builder's Risk Insurance, excluding the peril of earthquake, and subject to other policy terms, conditions and exclusions, Coverage will be provided for the Full Hard Cost Replacement Cost of Materials, Equipment and fixtures destined to become a permanent part of the structure, Property in Transit, and Property in Offsite Storage for Mountain Hawk Park construction in an amount not to exceed $2.6 million. Contractors and Subcontractors will be added to policy as Loss Payees as their interest may appear. Contractor and its Subcontractors will be solely responsible for any loss or damage to their personal property including contractor's tools and equipment owned, used, leased, or rented by the Contractor or Subcontractor. Any policy deductible amount will be the responsibility of Contractor and/or Subcontractor. 11.4. Minimum Limits of Insurance 11.4.1 Contractor or appropriate subconsultant shall maintain limits no less than: 24 6-32.. 11.4.1.1 General Liability: $2,000,000 (Including operations, products and completed operations.) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.4.1.2 Automobile $1,000,000 per accident for bodily injury Liability: and property damage. 11.4.1.3 Workers' $1,000,000 Per accident for bodily Compensation injury, disease-policy limit Employer's and Liability: disease-each employee. 11.4.1.4 Errors and $1,000,000 per occurrence Omissions: $2,000,000 policy aggregate 11.4.1.5 Builder's Risk $2,660,000 Hard Construction Cost of Structure 11.5 Deductibles and Self-Insured Retentions Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 11.5.1 11.6 Other Insurance Provisions 11.6.1 The general liability policy shall contain, or be endorsed to contain, the following provisions: 25 6':33 11.6.1.1 11.6.1.2 11.6.1.3 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds using ISO Form CG 2010 or its equivalent, with respect to liability arising out of work or operations performed by or on behalf of the D/B including materials, parts or equipment furnished in connection with such work or operations. For any claims related to this project the D/B's insurance coverage shall be the primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the D/B's insurance and shall not contribute with it. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Sections 2782 of the Civil Code. 11.6.1.4 Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract 11.7 Verification of Coverage 11.7.1 Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. 11.8 Subcontractors 11.8.1 All coverages for subcontractors or subconsultants shall be subject to all of the requirements stated herein. Subcontractors and Subconsultants shall be protected against risk of loss by maintaining insurance in the categories and at the limits required herein. 26 ~ °:'31 Subcontractors and Subconsultants shall name City and D/B as additional insureds under its policies. 11.9 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or records requested by the City or regarding all aspects of the insurance and project, including but not limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the City may result in delays in progress payments to the D/B. 11.10 Prior to beginning Work under the Agreement, each and every Contractor of any tier shall furnish Certificates of Insurance satisfactory to the City. All such Certificates shall contain at least the following provisions: 11.10.1 Thirty (30) days written notice to the City prior to any cancellation, non-renewal or material reduction in coverage. 11.10.2 The words "will endeavor" and "but failure to mail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives" will be deleted from the Certificates. 11.10.3 Throughout the life of the Agreement, each and every Contractor of any tier shall pay for and maintain in full force and effect, with Insurers authorized by the California Insurance Commissioner to do business in the State of California, any policies required by this Agreement. 11.10.4 Any insurance provided for this project is to be placed with licensed insurers admitted to transaction business in the State of California with a current AM. Best Rating of not less than A-:V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current AM. Best's rating of no less than AX Any exceptions are at the sole discretion of the City and subject to written approval of the City. 11.11 Questions concerning the insurance requirements ofthis Agreement shall be directed to the City Representative. Section12: Inspection 12.1 City shall be responsible for City inspection and material testing and inspections, with reimbursement to be required by D/B for any re-inspections. The City shall either perform said inspection services with its own forces or contract with 27 ~:':3J5 third parties. It shall be the responsibility of D/B, however, to call for, coordinate and schedule all inspections. 12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access and advise them of D/B's safety procedures and programs so that they may comply. 12.3 City will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify D/B's indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be borne by the City. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, D/B shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve D/B from DlB's obligations to perform the Work in accordance with the Construction Documents. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site inspection. 12.4 City has the right to stop or suspend Work activities which will conceal or cover up D/B Work product which is to be inspected or tested, orwhich will interfere with the inspection or testing activities, for a reasonable time and D/B will have no right to additional cost or time it may incur as a result of the Work stoppage. Section 13: D/B GMP for Services and Reimbursements 13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval. Upon the approval of the 90% CD's, D/B shall, within ten (10) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee forthe complete design and construction ofthe entire Project as specified in the 90% CD's; provided that: 13.1.1 The GMP shall not exceed $3,377,458 for the Park and include within said GMP shall be no more than $516,679 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 28 ~-3" 13.1.2 13.1.3 13.1.4 Said GMP shall be supported by a detailed itemized breakdown that shows: the D/B Fixed Fees and the expected Hard Construction Costs for each of the major trades 0 the Project which will include labor, material expenses, equipment costs, and a reasonable D/B Contingency Fund. Said D/B contingency fund shall not exceed 5% of the Hard Construction Costs. All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse D/B for the exact amount of subcontract, self preformed work or invoice amount. No additional D/B markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or D/B Contingency Fund monies not utilized shall result in a deductive Change Order. The GMP shall include a D/B Contingency Fund which can be used by the D/B with City approval. If the Parties mutually agree that there is a sufficient surplus, the D/B Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 7 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to D/B's and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of D/B or its Contractors/subcontractors. All change orders, including zero dollar change orders, which require the use of the D/B Contingency Fund, shall require City approval. The City reserves the right to seek reimbursements for any funds used due to errors or omissions of the Design Consultants. 13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP; 13.2 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at 90% construction documents. GMP shall include the not to exceed amount of $160,000 for General Conditions and $356,679 for Design Services for a total of $516,679. Said $516,679 for General Conditions and Design Services shall not be exceeded unless additional services are requested pursuant to § 7 above or a change order issued pursuant to § 14. Unless otherwise expressly provided in this Agreement, D/B GMP shall include full compensation for all costs of any type 29 ~ :'~7 incurred by D/B in performing all services and obligations under this Agreement, including but not limited to the following: 13.2.1 All Design Consultants, including but not limited to architectural, structural, civil, mechanical, electrical, communications, graphics and art consultants, landscape architects, and acoustical, audio visual, lighting, and security consultants. 13.2.2 Estimating, value engineering and construction management; 13.2.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other D/B personnel wherever located; 13.2.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities; 13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the D/B exceed 90% of the fair market value of anyone piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work. 13.2.5 All home-office and field overhead costs of any type including document control and retention; 13.2.6 All business license costs; 13.2.7 All profit D/B intends to earn under this Agreement. 13.2.8 All direct and incidental costs incurred by D/B, except for those specifically identified in Section 9. 13.3 D/B shall be reimbursed, without markup and only as specified in this Agreement for the following "Reimbursable Costs." 13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement. 13.4 D/B agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete 30 (::;-32" this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing. Section 14: Chanqe in GMP and Contract Time 14.1 The GMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances: 14.1.1 The City directs D/B to perform Additional Services or City Changes as provided in Section 9. 14.1.2 For reasons expressly provided elsewhere in this Agreement. 14.2 The following procedure shall be followed for the issuance of Change Orders: 14.2.1 Upon the occurrence of any event that gives rise to a Change Order, D/B shall give the City notice of the same with 5 days. D/B shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property. 14.2.2 14.2.3 Unless otherwise directed by the City Representative in writing, before proceeding with any Change Order work D/B shall promptly provide the City with a detailed and complete estimate of cost impact associated with the Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into D/B Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. Upon submission of the detailed estimates by the D/B, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the D/B to proceed with the subject services andlor work, during which time the D/B shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/orwork. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP andlor Contract Time. 31 6-39 14.2.4 In the event there is any disagreement or dispute between the Parties as to whether the D/B is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. D/B shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, D/B shall continue diligently prosecuting all such services and work. 14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services. Section 15: Payment Terms 15.1 D/B shall provide all Phase I, II and IV services for the Phase I, II and IV Fee. D/B shall submit certificate and application for payment to the City on a monthly basis for Phase I, II and IV services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimburseable Costs as provided in Section 15.3. 15.2 D/B shall provide all Phase III services for the Phase III Fee. D/B shall submit certificate and application for payment to City on a monthly basis for Phase III services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 15.3 and 15.4, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay D/B ninety percent (90%) of payment application based upon the percentage complete of the Schedule of Values and 100% ofthe reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 10% as security for D/B's full performance. 15.3 D/B shall develop and maintain an accurate system for tracking all Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by D/B, during the previous month. If requested by the City, D/B shall provide all backup documentation supporting such Reimbursable Costs. 15.4 D/B shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during the previous month. 32 e:, - '10 15.5 D/B shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by D/B. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety percent (90%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 10% as security for D/B's full performance. 15.6 Subject to Sections 15.8, City shall pay D/B the ten percent (10%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to D/B. Final Payment will be made thirty-five (35) days after Final Completion. 15.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor. 15.8 In lieu of withholding retention under this Agreement, at the election of D/B, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300. Section 16: Project Completion 16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punchlist Work. 16.2 Final Completion shall be deemed to occuron the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B. 16.3 D/B shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. 16.4 D/B shall provide five sets of City final record drawing documents at the end of construction and one copy in electronic format ("As-Built Drawings") and one copy of reproducible drawings. As-Built Drawings are to be accurate and legible records 33 b:9í showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities. 16.5 D/B shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of D/B's filing protocol. Section 17: Contract Time 17.1 The "Contract Time" shall be the number of calendar days stated in Section 1 for D/B to achieve Substantial Completion. 17.2 "Time is of the essence" with regard to Contract Time and all milestones in the DCS. 17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14. 17.4 Further, an extension in Contract Time will not be granted unless D/B can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of D/B, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite D/B's reasonable and diligent actions to guard against those effects. 17.5 D/B carries the burden of proving an entitlement to an increase in the Contract Time. Delays attributable to and within the control of Design Consultants, or subcontractor or supplier shall be deemed to be delays within the control of D/B. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that D/B is due an increase in the GMP. Section 18: Late Completion 18.1 City and D/B recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "not unreasonable under the 34 t;::>- L{Z circumstances" as defined in California Civil Code §1671{b): $100 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16. Section 19: Riqht to Modify Work 19.1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, D/B shall promptly proceed with the Work involved which will be performed under the applicable conditions ofthe Construction Documents (except as otherwise specifically provided). 19.2 When City desires a change in the Project, City may issue a Request for Proposal to D/B. D/B will be required to respond within the time indicated by City. Section 20: Intentionally Omitted Section 21: Work By Others 21.1 City may perform other work related to the Project atthe Project Site by City's own forces, or let other direct contracts ("City Contractor"). The City will give D/B reasonable notice of its intent to do such other work. D/B's work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other's work and to allow City Contractor to proceed expeditiously. 21.2 If the proper execution or results of any part of D/B's work depends upon the work by the City or City Contractor, D/B shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City's work that render it unavailable or unsuitable for such proper execution and results. D/B's failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance ofthe City's work as fit and timely for integration with D/B's Work except for latent defects and deficiencies in the City's work for which D/B will not be responsible. 21.3 If D/B or any person or entity working for D/B causes damage to the City's or City Contractor's work, property, or person, or if any claim arising out of D/B's performance ofthe Project by any other contractor is made against D/B, by City, any other contractor, or any other person, D/B shall promptly repair andlor resolve said claim at no cost to City. Section 22: Warranties and Guarantees 35 b -'13 22.1 D/B warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to D/B. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided D/B shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection. 22.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City priorto Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. 22.3 D/B is to provide any extra material for maintenance at the completion of the Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and filters. 22.3.1 D/B is to provide City one (1) set of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds. 22.4 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, D/B shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City's written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or D/B may have the defective work corrected or the defective work removed and replaced. In that event, D/B shall not be allowed to recover any associated costs, and D/B shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on D/B's bond if D/B has been paid in full. 22.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the D/B shall: 22.5.1 Obtain all warranties that would be given in normal commercial practice and as required by the City; 36 6-L/Lf 22.5.2 Require all warranties to be executed, in writing, for the benefit of City; 22.5.3 Enforce all warranties for the benefit of City, if directed by City; 22.5.4 In the event D/B's warranty under section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty; 22.5.5 D/B shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment, such as elevators, escalators, movable partitions, equipment etc., to cover the limited warranty period to City at the expiration of the one year warranty; and Section 23: Use and Possession Prior to Completion 23.1 City shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish D/B a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve D/B of responsibility for complying with the terms of this Agreement. City's possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the DIB of any of its obligations under this Agreement. 23.2 While City has such possession or use, D/B shall be relieved of the responsibility for the loss of or damage to the Work resulting from City's possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to D/B, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly. Section 24: Personal Services and Non-Assiqnability 24.1 This is a personal services Agreement and, therefore, D/B shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement. Section 25: Indemnification 37 ~AIS 25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect and hold harmless City, its elected and appointed officers, agents, employees, consultants, (collectively herein the "Indemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from D/B's performance of this Agreement, D/B's breach of this Agreement, or the alleged negligent acts or omissions of D/B, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the D/B under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof ("Design Subcontractors"), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall have no further obligation for such loss. 25.2 D/B's obligation to indemnify under section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause. 25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the handling, removal, abatement, capping, migration (after handling, removal, abatement or capping) of, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the jobsite, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action. D/B's obligation regarding asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. Section 26: Riqht to Terminate and Suspend Work 38 r; -lfb 26.1 Archaeological and Paleontological Discoveries. If a discovery is made of an archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City. 26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 26.1.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement. 26.2 Termination of Agreement by City for Cause. If, through any cause, D/B shall fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or if D/B shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to D/B of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports and other materials prepared by D/B, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and D/B shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by D/B's breach. 26.2.1 I n the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select. 26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, D/B shall pay the excess amount to City. 26.2.3 Rights of City Preserved. Where D/B's services have been so terminated by City, the termination will not affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance bond surety. 26.2.4 Any dispute as to the amount due or owed to D/B upon termination under this section shall be resolved in accordance with Section 33. 39 6-1./7 26.3 Termination for Convenience by City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to D/B of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, D/B shall be entitled to receive just and equitable compensation for any satisfactory Work completed, including reasonable demobilization costs, to the effective date of such termination. D/B hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 26.3.1 Records and Documents RelatinQ to Termination. Unless otherwise provided in the Agreement or by statute, D/B shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on D/B's costs and expenses under this Agreement. D/B shall make these records and documents available to City, at D/B's office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 26.4 Upon receipt of the Notice ofTermination, D/B shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of D/B and in which City has or may acquire an interest. 26.5 Payment to D/B Due to Termination - D/B and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount, exclusive of costs shown in section 26.9 below, may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made. If termination occurs during Phase I, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof, and no amount for Phase IV D/B Fixed Fee, except for Phase IV D/B fixed fee proportional to the percentage of work satisfactorily completed and authorized pursuant to Section 6. 26.6 Failure to Aqree on Payment - If D/B and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay D/B the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above: 40 b -1;} 26.6.1 The price for completed services accepted, including any retention, by City not previously paid; 26.6.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the .timecards for Work actually performed; 26.6.3 A portion of the D/B Fixed Fee (overhead and profit) based on the percentage of Work completed on the Project; however, if D/B would have sustained a loss on the entire Agreement had it been completed, City shall allow no profit under this section and shall reduce the settlement to reflect the indicated rate of loss; 26.6.4 D/B and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B; 26.6.5 Under no circumstances will D/B be entitled to any consideration for lost profit or lost opportunity costs. 26.7 If D/B does not agree that the amount determined by the City Manager is fair and reasonable and if D/B gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 33. 26.8 Payment for Property Destroyed, Lost. Stolen or Damaqed - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to D/B under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City. 26.9 Deductions -In arriving at the amount due D/B under this section, there shall be deducted: 26.9.1 Any claim which City has against D/B under this Agreement; and 26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by D/B or sold under the provisions of this clause and not recovered by or credited to City. 26.10 Termination of Aqreement by D/B 41 ~:',-/C) 26.10.1 D/B may terminate the Agreement upon ten (10) days written notice to City, whenever: 26.10.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or, 26.10.1.1 City should fail to pay D/B any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by D/B of a request therefore, unless within said 1 O-day period City shall have remedied the condition upon which the payment delay was based. 26.10.2 In the event of such termination, D/B shall have no claims against City except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section. Section 27: Independent Contractor 27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or employee of D/B, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for D/B's actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to D/B and that City is not contributing to any fund on the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits. Section 28: Independent Judqment 28.1 Unless otherwise directed in writing by City, D/B shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; D/B, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. DIB shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing. 42 6-50 Section 29: Maintenance of Records and Accountinq 29.1 D/B shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records. Section 30: Ownership of Documents 30.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Section 31: Force Maieure 31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in section 31.2. If an Event of Force Majeure set forth in section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other,obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. 31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which D/B is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, D/B, in developing 43 b-5¡ the GMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; D/B shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days. 31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure. 31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund. Section 32: Hazardous Materials 32.1 In the event the D/B or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the D/B's services, the D/B may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations. Section 33: Disputes 33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement. 33.2 D/B shall submit its written request for a Change Order to City pursuant to Section 14. City shall make a determination on D/B's request in writing within 7 days of receipt of request and all supporting data. Said Change Order shall be made in good faith and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City is liable, and covers all costs and delays to which D/B believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in Contract Time shall include an analysis of the Master Construction Schedule and the impact of the claimed work on specific activities on the Master Construction Schedule. 33.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista 44 " '~2 ~. -::? Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as iffully set forth herein, and such policies and procedures used by the City in the implementation of the same. 33.4 Pending final resolution of any claim, including litigation, D/B shall proceed diligently with performance of the Project, and comply with any direction of City. Section 34: Notices 34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party: (i) To CITY: City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Tel: (619) 691-5037 Fax: (619) 409-5823 Department of General Services Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 Tel: (619) 397-6070 Fax: 619)397-6250 (ii) To D/B: Erickson-Hall Construction Co. 4350 Executive Drive Suite 301 San Diego, CA 92121 Tel: 858-455-1161 Fax: 858-455-1861 Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day. 45 b-53-' Section 35: Miscellaneous Terms 35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party. 35.2 Severability: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law. 35.3 Entire Aqreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto. 35.4 Draftinq Ambiquities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out ofthis Agreement shall be in the City of Chula Vista, California. 35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion. 35.7 Effect of Headinqs: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof. 35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto. 46 ~ 25'1 35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement. 35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby. 35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts. 35.12 Exhibits and Glossarv of Terms: All Exhibits and Glossary of Terms are incorporated herein by reference into this Agreement. 35.13 Third Party Beneficiarv: Nothing within this Agreement shall create a contractual relationship between the City and any third party. J:\AttorneyIEHull\AgreementsIMountain Hawk Park DB 070104.doc [NEXT PAGE IS SIGNATURE PAGE] 47 b ':.';5 SIGNATURE PAGE TO DESIGN/BUILD AGREEMENT CITY OF CHULA VISTA Erickson-Hall Construction Co. By: By: Stephen C. Padilla, Mayor Representative, Title ATTEST: Susan Bigelow, City Clerk Approved as to form by: Ann Moore, City Attorney 48 fo :56 GLOSSARY OF TERMS (Intentionally Left Blank - see attached Glossary) 49 h ':-'fi7 GLOSSARY OF TERMS The following Glossary of Terms is designed to provide in a single location the defined terms used in the Agreement and Supplementary Conditions. In the event of any conflict between the following and the definitions set forth in the Agreement, those in the Agreement and Supplementary Conditions shall take preference. Additional Services. Services which the City has authorized the D/B to perform and which are beyond the scope of work as set forth in the Agreement. Additive Costs. Any cost above that which would normally be found in a competitive bid situation. Agreement. The Design/Build Agreement including all attachments between City and D/B. Certification of Completion. The document, by which D/B certifies that the Project has been fully completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. Certificate of Occupancy. The document issued by City authorizing occupancy of the entire Project. Certificate of Substantial Completion. The document issued by City after it reasonably determines the Project has achieved Substantial Completion as defined in Section 1.3.2 of the Agreement. Change Order. A written amendment to the Agreement executed by City and D/B modifying the terms of the Agreement pursuant to the terms of Section 14. City. City shall refer to the City Representative, Agent and/or City Inspection Representative. . City Representative. Matt Little shall be the initial City Representative. The City Manager will notify D/B in writing of the name of any successor City Representative and D/B shall be entitled to rely upon the directions of the current City Representative until receipt of said written notice. The City Representative shall act on behalf of the City with respect to this Agreement unless the Agreement provides otherwise. D/B shall not make any modifications to the Project unless directed by the designated City representative. Construction Documents. D/B's architectural, structural, mechanical, electrical, plumbing plans and details as well as the plans showing installation of major systems, equipment, fixed furnishings and graphics, the technical specifications and all other J:IGeneral ServiceslGS AdministrationlDesign Build AgreementsIMountain Hawk Glossary of Terms . doc - 1 - b -;c5J? technical drawings, schedules, diagrams and specifications, necessary to set forth in detail the requirements for construction of the Project. Contractor. Any person or entity with whom the D/B or City contracts or subcontracts for construction of the Project. Contract Amount. The dollar amount authorized by the Chula Vista City Council to be paid to the D/B as consideration for full performance under the terms of this Agreement which includes the GMP and Reimbursable Costs. Contract Time. The time within which D/B has to complete all Work and services under the Agreement, which commences with the execution of the Agreement and ends with the Final Completion Date. Day. Is a working day, unless specified otherwise. Defective Work. Work on the Project which is not in compliance with the Construction Documents. Design Builder. D/B including but not limited to consultants, subconsultants, contractors, subcontractors, employees, agents or any other person or entity working for or on behalf on D/B. Design Subcontractors. The architects, engineers and other design professionals contracting with the City or D/B to perform design services for the Project. DIB Fixed Fee. The fixed sum which D/B shall receive as full compensation for performance of all services and obligations under this Agreement, including all costs of any type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable Costs, (3) D/B Contingency Fund. Event of Force Majeure. The type of event defined in Section 31 of this Agreement. Final Completion. The date on which the last of the following events occurs: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to as-built drawings, warranties, and operating manuals: (5) and delivery to City of a Certification of Completion duly verified by D/B. Final Payment. Payment to D/B 35 days after date of Final Completion as set forth in Section 15. J:\General Services\GS Administration\Design Build Agreement.sIMountain Hawk Glossary ofTenns.doc -2- b -51 . Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein "GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee as set forth in of Exhibit 2 for the complete design and construction of the entire Project as specified. Hard Construction Costs. All costs D/B incurred in contracting actual construction Work on the Project for the performance of the Work on the Project including a Contingency Fund, as set forth in of Exhibit 2 ; but specifically does not include: (1) costs associated with the design and construction management services to be performed by D/B under this Agreement or (2) costs incurred due to D/B's negligence or failure to perform according to the terms of this Agreement, including, but not limited to, failure to adequately supervise the Project, use of materials which do not comply with the Construction Documents. Management and Implementation Plan. D/B's detailed description of all necessary procedures and methods to be utilized by D/B in performing its construction services under Phase IV of this Agreement. Master Construction Schedule. D/B prepared and City approved Master Construction schedule for Phase IV showing all major milestones, bid dates for major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the exterior of the building, which shall conform with the dates of Substantial Completion and Final Completion of Project. D/B will update the schedule as required by the Agreement. Notice of Completion. City document issued after Chula Vista City Council formally accepts the Project. Onsite/Offsite. Refers to Project Site, unless otherwise indicated. Party. The Parties to this Agreement, The City of Chula Vista ("City"), and Highland Partnership, Inc., ("D/B"). Phase I. Phase I shall consist of all services and events described or implied in Section 5 of the Agreement, including but not limited to preparation of schematic design documents, and cost estimates. Phase II. Phase II shall consist of all services and events described or implied in Section 6 of the Agreement, including but not limited to the preparation of Design Development Documents, outline specifications and cost estimates. Phase III. Phase III shall consist of all services and events described or implied in Section 7 of the Agreement, including but not limited to the preparation of 1 00% Construction Documents, Master Construction Schedule, preparation of GMP Finalized J:\General Services\GS AdministrationlDesign Build AgreementsIMountain Hawk Glossary ofTenns.doc - 3- CJ-{PO' Management and Implementation Plan and determination of need for and conducting of additional subsurface investigation. Phase IV (if applicable). Phase IV shall consist of all services and events described or implied in Section 8 of the Agreement, including but not limited to conducting competitive bidding for the Work, and the construction and completion of the Project. Project. The design and construction of a completed and fully functional Police Facility, parking structure, and on and off site improvements as more fully described on the Police Department Master Plan. Project Budget. The amount of money authorized by the Chula Vista City Council to be expended on this Project, including the GMP, Reimbursable Costs and all other City costs. Project Site. All areas where Work is to be performed pursuant to this Agreement as shown in the Construction Documents. Reimbursable Costs. Includes the premiums for Performance Bond and Payment Bond furnished by D/B pursuant to Section 15 of the Agreement, the net premiums (less any premium returns) for the insurance, including costs for insurance brokers, deductibles, Safety Program and consultants which D/B is required to purchase and maintain pursuant to Section 10 of the Agreement, the cost of all necessary permits obtained by D/B for the Project pursuant to Section 3.1.10 ofthe Agreement, the costs of subsurface investigations performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 9 of the Agreement. Small Tools. Mobile items less than $1500 in total value. Substantial Completion. The date on which (1) the progress of construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can occupy and utilize the entire facility for Police activities and (2) all goods and services to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject to final testing, balancing and adjustments and a Final Completion punch list Work. Work. All services, labor, materials, supplies, and equipment necessary for D/B, Contractors and consultants to complete the Project. J:\General Services\GS Administration\Design Build AgreementsIMountain Hawk Glossary of Terms . doc -4- 6-bI, EXHIBIT LIST (I-III) Exhibit I RFP for Design Build Services for Mountain Hawk Park A) Master Plan B) Sample DesignlBuild Contract and Glossary of Terms (Intentionally Ommitted) Exhibit 2 Design Build Fee Structure Exhibit 3 Identification of Design Build Team Members 49 I-;_""I-.-'} r-- 11" -- EXHIBIT 1 RFP for Design Build Services Mountain Hawk Park: A) Master Plan B) Sample D/B Contract and Glossary of Terms (Intentionally Ommitted) J:lAttorney\EHulllAgreements\Mountain Hawk Park DB 0701 04.doc 6 c ..- -h3.. Exhibit 1 ~(f? ~~ ~ ~ -..;;~ ~~~~ CllY OF CHULA VISTA REQUEST FOR PROPOSAL FOR DESIGN/BUILD SERVICES FOR MOUNTAIN HAWK PARK RFP Issue Date: Thursday, April 29, 2004 Proposal Due Date & Time: Friday, May 21, 2004 by 4:00 pm City of Chula Vista General Services Department Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 b-hV-- Table of Contents 1.0 INTRODUCTION ........--...................................................................................................1 2.0 IMPORTANT DATES...........----.........................................................--.............................1 3.0 PROJECT DESCRIPTION .----............----...................--..............;.......................................1 4.0 GENERAL OBLIGATIONS OF DBT...............--.............--..............................................2 5.0 SCOPE OF WORK ..........--......................--....................--.................--...............................4 5.1.1 Pre Construction Services - Phase I ...................--........................................................4 5.2.2 Construction Services - Phase II ................................................................................7 5.2.3 Operations/Startup Services - Phase III ................--................----............................9 6.0 INSURANCE REQUIREMENTS .................................................................................... 9 7.0 INSPECTION.....................................................................................................--............11 8.0 CHANGE IN GMP AND CONTRACT TIME..............................--..................--........11 9.0 PROJECTCOMPLETION............--.................................--.............................................11 10.0 WARRANTIES AND GUARANTEES........................................--..........--................--.12 11.0 MAINTENANCE OF RECORDS AND ACCOUNTING.............................--...........13 12.0 OWNERSHIP OF DOCUMENTS.....--.....--...................................................................13 13.0 RFPREQUIREMENTS...................................................................................................13 13.3 General RFP Requirements:......................................................................................14 13.4 Contents:.............--..................................."""""""""""""""""""".""""""'".............14 13.5 Experience and Technical Competence: .................................................................15 13.6 Proposed Method to Accomplish the Work: .........................................................15 13.7 Knowledge and Understanding of Local "Environment": ...................................15 13.8 Project Organization and Key Personnel:...............................................................15 13.9 Financial Arrangements for DBT Members: ..........................................................15 13.10 Exceptions to this RFP: ..............................................................................................16 13.11 Addenda to this RFP:.................................................................................................16 13.12 Minimum Contractor Qualifications:..................................................................... 16 13.13 Schedule of Rates and Fees.... ................................. """""'" ...................16 13.14 Additional Information........ ... ............ """"""" ...... ... ....... ......................16 14.0 PUBLIC DISCLOSURE...................................................................................................17 15.0 PROPOSAL SCHEDULE ...............................................................................................18 16.0 PROPOSAL SELECTION PROCESS.............--............................--.............--................18 b -b~ ~. 17.0 PROPOSAL EVALUATION CRITERIA......................................................................18 18.0 CONTRACT TERMS AND CONDITIONS........m......m................................................mm...19 ATTACHMENT A- Approved Master Plan........--.... """"'--'--"""----""'......--.....--.--............--.......21 ATTACHMENT B -Sample Design/Build .Contract........--...........--.....................--...........--........... 22 h -h(P- 2.0 3.0 REQUEST FOR PROPOSAL DESIGN/BUILD SERVICES 1.0 INTRODUCTION 1.1 The City of Chula Vista (City) is circulating this Request for Proposal (RFP) requesting proposals from DesigniBuild Teams (DBT) qualified to provide the City with, design services, engineering services, architectural services, construction management, and construction serviceslcoordination for the construction of Mountain Hawk Park. The DBT shall consist mainly of a General Contractor, Landscape Architect and an Architect. All DBT members shall be licensed/registered with the State of California. This RFP describes all the elements of the project, the required scope of services, the designlbuild consultant selection process, and the minimum infonnation that must be included in the proposal. Failure to submit infonnation in accordance with the RFP's requirements and procedures may be a cause for disqualification. 1.2 This RFP has been distributed to selected finns on the City's list ofDesigniBuilders certified on June 17, 2003. Award will be based on the DBT and the best value proposal, including design fees, general conditions and construction fee. Price will be a primary factor, but not the sole consideration for award. Contracts will be awarded in accordance with the Chula Vista Municipal Code and the DesigniBuild Ordinance as outlined in Section 2.57 of the Chula Vista Municipal Code. The City strongly encourages the Design Builder to include the Landscape Architect that prepared the Mountain Hawk Park Master Plan as part of the DBT. 1.3 IMPORTANT DATES 2.1 Proposal Due Date: May 21. 2004 by 4:00 p.m. Location: Public Works Center. 1800 Maxwell Road. Chula Vista. CA Building and Park Construction receptionist 91911 - PROJECT DESCRIPTION 3.1 The DBT shall design and construct for the City: a completed and fully functional park and recreation facility (referred to hereafter as "Project"). The park shall include, but not be limited to all components outlined and described in the attached document titled "Mountain Hawk Park Master Plan" (Attachment A). The Mountain Hawk Park is located north of Olympic Parkway, east ofthe Salt Creek Corridor and west of the Otay Lakes reservoir along Lake Crest Drive in the EastLake Vistas subdivision of the City ofChula Vista. h -(ç 7 4.0 4.1 GENERAL OBLIGATIONS OF DBT 4.2 The services to be provided by DBT are generally to be performed in three "Phases", Pre-construction Services, Construction Services, and Operation/Start Up. The services to be provided in each Phase are specified below in this RFP. The DBT shall: A. Perform all services, work and obligations as described herein for a Guaranteed Maximum Price ("GMP") which will be set at 90% construction documents and shalLinclude all Design Services and all Hard Construction Costs necessary to provide a fully completed and functional Project including, but not limited to, general conditions, the cost for all labor, equipment, material, and the DBT Fixed Fee which includes fees and expenses of any type associated with completing the Project. Any costs incurred by DBT in excess of said GMP shall be the sole responsibility ofthe DBT, except for change orders approved by the City in accordance with the DBT contract to be executed with the DBT. A sample contract is enclosed as Attachment B. DBT shall be obligated as follows: A. At all times in performing its services under this Agreement to design and construct the best possible Project consistent with standard of care that satisfies the time, monetary, quality and design parameters set forth in this RFP and subsequent DIB Contract. Design and construct the Project on time, consistent with time frames set forth in the Project Schedule, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, but ifDBT reasonably believes that any action, inaction, decision or direction being made by City or agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being completed late, DBT will notifY City, for approval or denial, in writing within five (5) calendar days of discovering such action, inaction, decision, or direction. Included in such notice will be an estimate of the cost and time impact resulting from such action, inaction, decision or direction. Perform, or obtain prior written consent of the City to subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced architects, engineers and other professionals. DBT shall not be permitted to substitute any Design Consultant unless authorized by City. B. C. D. Perform all construction on the Project utilizing Subcontractors appropriately licensed by the California Contractors State License Board or other required agencies. Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth within the approved project schedule. E. 2 h-!cg F. Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, density and density ratios and lien laws, and comply with them in performance of its services. DBT shall ensure that within the established GMP that the Project conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements. Take all reasonable steps during the course of construction to control dust and noise in accordance with the provisions in the 2000 Edition of the Standard Specifications for Public Works Construction, City Ordinances and the DIB contract. G. H. 1. Use reasonable care to avoid damaging existing improvements and vegetation adjacent to the Project Site. IfDBT causes damage to any of this property, DBT shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. To obtain all permits necessary to complete the Project. City shall reimburse cost of permits. DBT shall be responsible for obtaining and paying for all minor permits normally obtained by the trades or subcontractors. Conform project design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). Seek and obtain written approval from the City ofthe drawings for each ofthe following design phases: (1) schematic design (2) design development (3) 50% construction drawings and (4) 100% construction drawings. Said approvals shall be evidenced by written notice to proceed with each subsequent phase. Provide cost estimating and value engineering services, which takes into consideration long-range maintenance costs, energy efficiency, and impacts on operation of the Project. Review the environmental documents and all technical reports relating to the Project Site; and determine and advise City if any additional needed studies are warranted. DBT shall perform said studies as authorized by City. The costs of said studies are Reimbursable Costs to be paid by the City without markup. DBT agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this RFP and the DIB contract. J. K. L. M. N. o. 3 ~~ b-ø1 5.0 P. DBT warrants that at least one member of the DBT team shall be licensed by the California Contractor's State License Board as a General Building Contractor. DBT is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of construction. City and DBT shall establish "key personnel" who shall remain on the Project until Final Completion. Ifany such "key personnel" leave the employment ofDBT, City shall have the right to approve the replacement personnel. DBT shall comply with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. DBT agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of City Representative shall be borne exclusively by DBT and not be grounds for an increase in GMP or Contract Time unless necessary to protect public health, safety or property. Q. SCOPE OF WORK 5.1 Services required of the DBT include those during design, construction, and operations/startup of the Project. The GMP will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and description required for a comprehensive design and construction program. The scope of work includes, but is not limited to, the following: 5.1.1 L 2. 3. Develop and Implement Project Management Plan and Procedures Monthly project status reports Coordination/interface with the City and its other consultants/contractors Progress meetings Interface and communications with other agencies Vendors and subcontractors management Document control Schedule and budget control Quality assurance and quality control 4. 5. 6. 7. 8. 9. Pre-Construction Services - Phase I Utilizing the City required standard specifications, facility program requirements, approved master plans, Federal, State, and City performance and 4 ~..70 design criteria, concept drawings, and reports that will be identified in the DesignlBuild contract, the DBT will: 1. Prepare schematic design, design development and construction drawings and specifications suitable for obtaining City approval and issuance of permits. Complete the design for all elements of the project, including but not limited to: architectural, civil, structural, landscape architectural, mechanical, electrical, and specialty consulting areas. Evaluate alternative structural and -construction approaches for all facilities to ensure economical designs that optimize constructabilityyet meet all codes, architectural concepts, conceptual designs, and standard specifications of the project. Design shall satisfy the Americans with Disabilities Act (ADA) requirements as required. 2. 3. 4. Incorporate the requirements of permitting agencies as may become apparent in the course of design. The DBT shall apply for and secure all permits and provide all necessary reports, studies and support required to obtain the permits. In addition, the Consultant shall research all Air Pollution Control District and noise abatement requirements, along with any hazardous materials management requirements ofNFP A, Cal-OSHA and the City Fire Department. The Consultant shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan and a hazardous materials management plan. The Consultant shall prepare, submit and obtain approval of an application for Storm Water Pollution Prevention Plan to the appropriate authority. If required, the Consultant shall incorporate appropriate facilities in the design. Conduct site surveys and geotechnical investigations to the extent necessary for final design. Survey and geotechnical information to be provided by the City may be preliminary in nature and may not have sufficient accuracy or scope to support final design. a) Prepare Construction Cost Estimates and Project Budgets based on Schematic Design. Prepare revised Cost Estimates during Design Development and Construction Documents and Bidding phases at intervals specified in the Design Build Agreement. Develop Project cost model inclusive of detailed Quantity Surveys and Cost Estimates. b) Perform three-value engineering reviews to reduce cost and/or add value, utilizing all team members and City resources. Include recommendations to maximize energy efficiency and build a "green" or low-pollution project. Prepare a Value Engineering Report of all considerations, recommendations and decisions. The goal is to 5. 5 6--:-;1 maximize the quality of construction at a cost equal to or below the Project Budget. c) Perform Quality Control (QC) Review of the Drawings and Specifications throughout all Phases in order to correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to Code Compliance Laws. Organize and publish detailed QC Reports based on all findings. d) Establish a Critical Path Method (CPM) Construction Schedule. Monitor, update and report to keep 'the project on schedule. e) Establish a bidding strategy. Identify, contract, and procure long lead items. Create early bid packages where applicable. f) At 90% Construction documents, provide cost estimate that will be used to establish a Guaranteed Maximum Price (GMP). Any Savings at the end of the project will be deducted from the GMP and returned to the owner. g) During the Bidding ofthe Project, the DBT shall: 1) Recommend appropriate subdivisions of work into discrete Bid Packages. 2) Create detailed Scope of Work Packages for bidding to multiple sub-contractors that will be contracted directly to the DBT. 3) Create all Bidding Documents. Specify unit prices, alternates, quantities, bonding and insurance requirements. 4) Secure a minimum of three complete and competitive bids for each package and competitively bid each package. 5) Receive and resolve all Requests for Info=ation (RFI's) and bid questions. 6) Schedule meetings with the City to open and review bids for each subdivision of work. Review bids in detail. Clarify Scopes of Work, exclusions, etc. Ensure bids match DBT Scope of Work. 7) Make recommendations for selections and award of bids based on lowest, responsible and most complete bids. Provide cost spreadsheets which compares bids to cost estimates. If lowest responsible bid exceeds cost estimate, prepare recommendations to resolve the problems and reduce cost without compromise to the overall goals of the Project, while remaining within Budget and on Schedule. 6 ~~ G- 72- h) Assemble a constructabilityreview team with City participation at the 50 percent design completion stage. Incorporate results of the team's review into the design. i) Provide construction cost control estimates during the design to support VE and constructability reviews. Revise these cost control estimates once accepted VE recommendations and other review comments have been incorporated. j) Identify all permit requirements and prepare applications and support documents necessary for obtaining all permits. Permit fees will be borne by the City. k) Prepare draft Operations Manual Index to serve as the basis for preparing the final Operations Manual during the construction phase. 5.2.2 Construction Services - Phase II A) The DBT shall construct the facility in accordance with the approved construction drawings and specifications (and associated permits) prepared by the DBT to meet or exceed all requirements of the City provided program of facility requirements. The DBT shall also: 1. Conduct weekly team meetings with the City and appropriate design team members during the course of construction to review the status of the project. 2. Ensure the workmanship and materials provided are in accordance with the Project Specifications and the Architects and meet or exceed quality construction industry standards for this type of work. 3. Provide list of required shop drawing submittals. Review shop- drawing submittals for technical and code compliance. Provide copy to the City for review and comment. 4. Provide resident engineering, contract administration, and inspection staff, including specialists necessary for the functional, safe, on budget and on-schedule completion of the Project, starting with the issuance of a Notice to Proceed from the City and extending through issuance of Notice of Completion and Acceptance. City staff will also perform inspection to verify compliance with the plans and specifications, permits and contract documents. Ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, and construction mitigation documents and enforcement of the Contract Documents. 5. 7 ~~'73 6. Provide surveying, and other contracted services as required completing projects construction. Coordinate City contracted testing and inspection services during the course of construction. 7. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QAlQC). The Plan shall include but not be limited to; 1) a statement and definition ofQAlQC goals; 2) an identification ofQAlQC criteria and elements; 3) development of the project QAlQC implementation plan; 4) development of the QAlQC materials, components, equipment and system testing plans; and,S) enforcement of the plans and specifications. 8. Submit the proposed QAlQC Plan to the City forreview. The Plan shall not be implemented without written approval of the City. 9. Be responsible for preparing the Critical Path Method (CPM) schedule utilized during the project construction and startup activities. Use Microsoft Project scheduling software consistent with the City reporting system. 10. Develop a project-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 11. Develop a project-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the Plan, the DBT shall initiate implementation. The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing. 12. Implement and maintain an internal records management and document control system as required to support project operations. The DBT shall provide records management and document control information in a manner consistent with the citywide Prolog Management reporting/filing system. 13. The DBT shall develop an on-site Project Safety Plan for review and approval by the City. The DBT shall administer and enforce the City approved on-site Project Safety Plan for the Project. The DBT shall monitor and enforce Project construction Contractor responsibility for safety and health issues relating to their workers as the Project Site. This shall include workers in direct employment to the Contractor and workers involved in a subcontracting, equipment supply, or any other project-related oral or written arrangement with the DBT. 14. Report accidents, claims, and other on-going safety related issues to the City in a manner consistent with Citywide reporting systems. 8 ~'. 77 5.2.3 6.0 Operations/Startup Services - Phase HI a. The DBT shall prepare, submit for City review and written approval a Project Startup and Testing Plan for the Project. The DBT shall fully implement said plan. b. The DBT shall conduct Operator Training Sessions for personnel. c. The DBT shall supervise, manage, and coordinate all project startup and testing activities for all systems within the provisions of the Contract Documents. -õ-". TheDBT shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. e. The DBT shall coordinate and expedite record drawings and specifications. The DBT shall prepare final accounting and close out reports. The DBT shall prepare occupancy plan reports. Unless the DBT receives the City's prior approval to substitute equal or better quality materials, the DBT warrants to City that material and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and the DIB contract. f. g. h. I. Post Construction: DBT to coordinate an II-month walk through of the Project to review guarantee/warranty items. DBT to coordinate all corrective work with the responsible parties and the CityJ The DBT shall report to the City all guarantee/warranty disputes. The DBT shall proceed to resolve such disputes after having submitted to the City for review and approval the DBT's approach for obtaining resolution for the dispute. INSURANCE REQUIREMENTS The Design Builder (DB) shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the DB, his agents, representatives, employees or sub-consultants. All sub-consultants shall be required to comply with the applicable insurance provisions. The maintenance of proper coverage is a materials element of the DB contract and that failure to maintain orrenew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. 6.1 Minimum Insurance Requirements 6.1.1 The fino selected to perform the work described herein will be required to provide 9 ~. (0- 75 evidence of: 6.1.1.1 Commercial General Liability insurance, ISO CG 0001 Occurrence fonD, with combined single limits of not less than $1.000.000 per occurrence per project. Policy to include endorsement naming City of Chula Vista, its officers, officials, employees and volunteers as Additional Insured against all liability of the DB, its subcontractors, and its authorized representatives, arising out of, or in connection with, the perfonnance of work under the contract with the City. Policy is to be endorsed to state it is Primary to any other insurance available to the City of Chula Vista and that insurer will provide THIRTY (30) days written notice to the City Clerk of the City of Chula Vista of cancellation or material change. 6.1.1.2 Commercial Automobile Liability Insurance, ISO CA 0001 fonD, Any Auto code, with a combined single limit of not less than $1.000.000. covering bodily injury and property damage for owned, non-owned and hired automobiles, and name the City, its officers, officials, employees and volunteers as additional insured's. 6.1.1.3 Workers' Compensation and Employer's Liability insurance, for all employees who are no=ally engaged in Work at the Project Site, with Statutory Limits for Workers' Compensation and not less than Employer's Liability limit for Bodily injury by Accident $1,000,000, each accident Bodily Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A Waiver of Subrogation shall be endorsed to the policy naming the City ofChula Vista. 6.1.1.4 Professional Liability insurance shall be required of said fino for professional liability or errors and omissions insurance with a per claim limit of not less than $2,000,000 for services performed by the Design contractors and any subcontractors performing design services. The policy shall contain an extended reporting period of not less than 2 years. 6.1.1.5 Builder's Risk Property Insurance will be provided by the DB. The DB will add the City, its officials, officers, employees and volunteers as Loss Payee. The insurance shall waive any right of recovery under subrogation for those insured under this policy. The limit is to reflect full replacement cost of hard cost construction values. Perils are to be all risk excluding Earthquake and Flood. Perils are to include any transportation risk but is to exclude any equipment, machinery, tools, or property of similar nature, owned, rented or used by DB or contractors. 6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and every contractor of any tier shall furnish Certificates of Insurance 10 b-7b satisfactory to the City. All such certificates will contain at least the following provisions: 6.1.1.6.1 Thirty (30) days written notice to the City prior to any cancellation, non-renewal or materials reduction in coverage. The words "will endeavor" and "but failure to mail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives" will be deleted from the certificate. Throughout the life of the Agreement, each and every contractor of any tier shall pay for and maintain in full force and effect, with an insurer authorized by the California Insurance Commissioner to do business in the State of California, the policies evidenced herein. 6.1.1.6.2 9.1.1.6.3 Any insurance provided for the City, DB or subcontractors for this project shall be written through an insurer admitted in the State of California with an AM Best rating of not less than A,V. Any exceptions are at the sole discretion of the City and subject to written approval ofthe City. 7.0 8.0 9.0 INSPECTION 7.1 City shall be responsible for material testing and inspections, with reimbursement to be required by DBT for any re-inspections. The City shall either perform said inspection services with its own forces or contract with third parties. It shall be the responsibility ofDBT, however, to call for, coordinate and schedule all inspections. City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. The DBT shall provide them proper and safe conditions for such access and advise them of DBT's safety procedures and programs for compliance. 7.2 CHANGE IN GMP AND CONTRACT TIME 8.1 The GMP and Contract Time may only be changed with a written Change Order. Change Orders shall be issued only under the following circumstances: A. The City directs DBT to perform Additional Services. B. For reasons expressly provided in the DIB Contract. PROJECT COMPLETION 9.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction 11 G-77 10.0 9.2 9.3 9.4 9.5 9.6 Documents so that City may fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the tenns and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and nonnal Final Completion punchlist Work. Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance ofthe Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DBT to City as outlined in the DIB contract, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by DBT. The DBT shall provide City with a Certificate of Completion, certifYing to City under penalty of peIjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all pennits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. The DBT shall provide five sets of City final record drawing documents at the end of construction, one set of reproducible and one copy in electronic format ("As-Built Drawings"). As-Built Drawings are to be accurate and legible records showing all components of the Project and there exact locations The DBT shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy ofDBT's filing protocol. A copy of all approved submittals shall be forwarded to the City at the completion of the project. All infonnation shall be assembled in such a fashion to fit into a standard file drawer and organized by CSI codes. This copy is in addition to those provided during the course of construction for comment. WARRANTIES AND GUARANTEES 10.1 The DBT warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as directed by City. DBT shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection. 10.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (I) year after that date or whatever longer period may be prescribed by laws or 12 -~-7g 11.0 12.0 13.0 regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. The DIE contract will contain provisions addressing this issue and steps to correct defective work. MAINTENANCE OF RECORDS AND ACCOUNTING 11.1 The DBT shall maintain, during the Project implementation time and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed for the project. City will have the right at anytime, including during the performance of all Phases of the Project to audit and copy all such records. OWNERSHIP OF DOCUMENTS 12.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced for this project shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part for this project shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project. RFP REQUIREMENTS 13.1 All DBTs are required to follow the format specified below. The content of the proposal must be clear, concise, and complete. Each section of the proposal shall be presented according to the outline shown below to aid in expedient information retrieval (NOTE: DBTs shall base their proposals on the "Scope of Work"). Eight (8) copies ofthe proposal shall be delivered no later than 4:00 P.M. on May 21, 2004, to: 13.2 City ofChula Vista Attn: Matt Little Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 Please note that faxed copies will not be accepted. Also note that incomplete proposals, incorrect information, or late submittals may be cause for immediate disqualification. The City reserves the right to amend the RFP prior to the date that 13 ~b--79 13.3 13.4 proposals are due. Amendments to the RFP shall be mailed to all potential DBTs. The City reserves the right to extend the date by which the proposals are due. General RFP Requirements: A. The City desires to receive proposals from only qualified and experienced DBTs who demonstrate significant knowledge of design engineering and construction management, and experience and successful perfonnance on public sector park and recreation facilities of comparable magnitude involving a GMP incorporating both design and construction. B. The proposal should be concise, well organized and demonstrate the DBT's qualifications and experience applicable to the Project. The proposal shall be inclusive of resumes, graphics, fonDs, pictures, photographs, dividers, front and back cover, cover letter, etc. Type size and margins for text pages should be in keeping with accepted standard fonnats for desktop publishing and word processing and should result in no more than 500 words per page. C. Proposals must be bound. Contents: A. Proposals submitted in response to this RFP shall be in the following order and shall include: 1. 2. Executive Summary. Include a one- to two-page overview that highlights DBT approach and DBT's commitment to meet or exceed the City's objectives and insure a successful project built on time and on schedule. Identification of each DBT member: 3. Q Q Legal name and address. Legal fonD of company (partnership, corporation, joint venture, etc.). If joint venture identifY the members of the joint venture and provide all infonnation required under this section for each member. If company is wholly owned subsidiary of a "parent company," identifY the "parent company." Addresses of offices located in San Diego County, if any. Number of employees in San Diego County. City of Chula Vista Business License Number. Name, title, address and telephone number of person(s) to be assigned to project. Name, title, address and telephone number of person to contact concerning the proposal. Q Q Q Q Q Q 14 " -b -20 13.7 13.8 13.9 13.5 Experience and Technical Competence: A. Describe DBT's experience in completing similar designlbuild projects. List three (3) successfully completed projects of similar nature with name of Owner's Project Manager, phone numbers, project type and total value of completed construction. Projects currently in process may be submitted for consideration. Identify any specific projects and include in your client references where this team has worked together. Proposed Method to Accomplish the Work: -A. Describe DBT's technical and management approach to the design and construction effort. Discuss lines of cormnunications necessary to maintain design schedule and construction schedules, and software availability for both schedule and management reporting. Knowledge and Understanding of Local "Environment": A. Describe experience working in the local "environment" and proposed local presence for interfacing with the City's project management staff. The "environment" includes but is not limited to: City and other local agencies regulations and policies; local environmental documentation requirements; geotechnical conditions in project area; local building codes; ADA requirements and other local design criteria. Project Organization and Key Personnel: A. Describe proposed project organization and provide an organizational chart, including identification and responsibilities of key personnel. Indicate role and responsibilities of the prime Consultant and all sub-consultants. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc. Indicate extent of commitment of key personnel for duration of project (through building and park occupation) and furnish resumes of key personnel. Provide indication of staffing level for the project. B. DBT's evaluation will consider its entire team, therefore no changes in team composition will be allowed without prior written approval of the City. Describe DBT's capacity to perform the work within the time limitations, considering DBT's current and planned workload and DBT's workforce. Financial Arrangements for DBT Members: If the DBT is a Joint Venture Team, the DBT shall address the proposed financial arrangements between the Joint Venture members as they relate to liability to the City for work to be performed. DBT shall submit a team members' list indicating scope of work, and approximate percentage of contract. Team members must be named on said list ifthey receive more than $10,000 or more than one-half of one percent (.50/0) whichever is less. 13.6 15 ?Ofi '-e I 13.10 Exceptions to this RFP: . The DBT shall certifY that it takes no exceptions to this RFP. lethe DBT does take exceptiones) to any portion of the RFP, the specific portion ofthe RFP to which exception is taken shall be identified and explained. 13.11 Addenda tQ this RFP: DBT shall confirm in its proposal the receipt of all addenda issued to this RFP. DBT is not required to include copies of the actual addenda in its proposal. 13.12 Minimum Contractor Qualifications: DBT submitting qualifications must include a contractor who possesses the applicable California Contractor's license. DBT must also submit evidence of being able to be bonded for such projects. 13.13 Schedule of Rates and Fees: A. Pre-Construction: 1) Provide cost break down of design cost by discipline. Include design teams cost to administer the contract during the course of construction. 2) Provide a fixed fee for preconstruction services. Services for this period shall include but not limited to cost estimating, constructability review, site surveys, subcontractor bidding, submittal review and procurement of long lead items. The City views the DBT's input and leadership during this period as an important component of the project. Project General Conditions: Provide a detailed spreadsheet that completely outlines the projects general conditions, including quantities, units, unit costs and totals. Provide billing rates for all proposed team members. All design cost shall be included under Pre-Construction cost noted as item A above. B. C. Cost of Work Multipliers (FEE): Based on the scope and size ofth~ project, please propose an overhead and profit percentage rate and any other multipliers such as liability insurance to be applied to the cost of work. This rate would apply to each major phase of the project as it is released and subsequently bid to subcontractors. Preliminary Cost Estimate: Based on the attached master plan please provide a comprehensive cost estimate that takes into account all design and construction costs. Clearly note all assumptions that were used to create the estimate and areas of concern. The proposed project has a preliminary construction budget of$2,500,000. D. E. Change Orders: Indicate an overhead and profit percentage rate to be used on subsequent changes to the major phases of the project. This rate shall apply to deductive changes. Provide Payment and Performance Bond Rates. F. 16 G-c22. G. Provide description of your company's safety policy and how it would be implemented on this job. H. Provide Preliminary Design & Construction Schedule. This schedule should reflect major design and construction activities as well as maintenance periods for landscaping. The City anticipates this project to be completed and all facilities open to the public no later than October 2005. 13.14 Additional Information: A. This section shall contain all the other pertinent information that is required to 'be submitted with the proposal in the following order: 1. Description of insurance coverage for prime respondent and co-venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims). 2. Description of in-house resources for prime respondent and co-venture partner(s) (i.e., computer capabilities, software applications, modem protocol, and modeling programs, etc.). 3. Indicate if contractors self perform any work, if so, what trades. Also indicate if contractors have any union signatory agreements. 4. DBTs should provide, on a strictly confidential basis, the following information: a) b) c) Audited financial statements for the last three years List of projects completed in the last year List of projects currently under development, or construction with status, development schedule and financial commitment List of projects currently involved in litigation or unresolved claims for the contractor. d) 14.0 14.2 PUBLIC DISCLOSURE 14.1. All proposals submitted in response to this RFP become the property ofthe City and public records, and as such may be subject to public review. Under the California Public Records Act (California Govermnent Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Govermnent Code Sections 6254 through 6255. The cover letter of the proposal should contain a paragraph that states whether or not DBT believes that its proposal does or does not contain information that falls into one of the exemptions of Govermnent Code Sections 6254 through 6255 and whether or not DBT considers such information to be confidential. In the absence of a declaration, City may be obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents 17 ø-2a may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring di.sc1osure. 15.1 PROPOSAL SCHEDULE 15.0 16.0 The solicitation receipt and evaluation of proposals and ihe selection of the DBT will conform to the following schedule (Note: Dates are subject to change): Distribution/Advertisement ofRFP - Thursday, April 29, 2004 Submittal of Proposals Deadline- Friday, May 21,2004 by 4:00 pm Preliminary DBT Selection - End of May 2004 Approval ofDesignlBuild Agreement - June 2004 . . . PROPOSAL SELECTION PROCESS 16.1 Award will be based on the best-qualified DBT to build the facility. Relevant team experience, design costs, fee and general conditions will be a primary factor, but not the sole consideration for award. Contracts will be awarded in accordance with the Chula Vista Municipal Code and the DesignlBuild Ordinance as outlined in Section 2.57 of the Chula Vista Municipal Code. 17.0 PROPOSAL EVALUATION CRITERIA 17.1 Submittals received by City will be evaluated in no certain order, according to the criteria listed below: A. B. C. Conformance to the specified RFP requirements and format; Organization, presentation, and content of the submittal; Specialized experience and technical competence of the firm(s), (including principal firms, joint venture-partners, and sub-consultants) considering the types of service required; the complexity of the project; record ofperformance; and the strength of the key personnel who will be dedicated to the project; Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner; Knowledge and understanding of the local environment and a local presence for interfacing with the City; Financial resources and stability of the principal consultant and/or DB team; Ability to meet the insurance requirements unless City, at its sole discretion, decides to modify or waive the insurance requirements or elects to provide project insurance; D. E. F. G. H. Pre-Construction Costs, FEE, Change Order mark up rates. 18.e -- 6 ~.ftI 18.0 18.2 CONTRACT TERMS AND CONDITIONS 18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs incurred in the preparation of a response to this request. City retains the right to reject any or all submittals. Selection is dependent upon the negotiation of a mutually acceptable contract with the successful DBT. A sample contract that will be modified to the specifics ofthis project is provided for your review as Attachment B. No modifications to the standard contract language will be granted. Cost to meet the minimum requirements shall be noted as part of Section 13.13 above or clearly - denoted as an exclusion as part of your proposar"response. Each submittal shall be valid for not less than one hundred and twenty (120) days ITom the date of receipt. All insurance shall be provided at the sole cost and expense of the firm selected, unless the requirement is modified or waived by the City. City reserves the right to modifY the insurance limits or to substitute project insurance during contract negotiations. 18.3 The City looks forward to receiving a proposal from your firm. If you have any questions regarding this RFP, please contact: Mr. Matt Little, Senior Civil Engineer Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 Phone: (619) 397-6088 Fax: (619) 397-6250 Email: Mlittle@ci.chula-vista.ca.us Attachments: Attachment A: Park Master Plan Attachment B: Sample Design/Build Contract 19 ~ -?-5 Attachment A: Park Master Plan (See Attached Document) 21 (p -'lb ~ \ ~) --....¡ Exhibit 1 - A LAKE VIEW FROM LOWER TRAIL OPEN PLAYFIELDS ADJACENT TO LAKE CREST DRIVE FINAL DRAFT MASTER PLAN "MOUNTAIN HAWK" PARK AT EASTLAKE VISTAS ! 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'"'"---~-- -------- '------~ -_.~-"-.... --_.~-- -----.-"... ---. ----...--- . ~--_...__.- ---........."-- ----~---- --..-.-- . ~-_._-_.- ----_. . ----.-- ---..."~....- -- . ~..._._-- _.~..-._--.- ...--...".---- . ~----~-- ----.-... - Story Place ~----~-"--- ==-===:=:::-:=:: --_.._~----..... ===:::~=.~:- =.:.~------"-- _. a",," """,,,,"-- Tho""'T'" I1IUOIIIITAIl"","",TORY(e<m) -..._--~-- ----........ ------- :::.=:::~'::"-._- -._-_d__", .. ---'"---- ---_._--- -----....--. --..""'."""""'" ..------ ----.....--... - ..:t.-;::::::'::"-;::"-::::"':. .~_._-,,-..~-_. --- ---_..........- !;',;:z~""-""---- -":':'.===---= =::::.=.::";;::'..::;-- - FINAL DRAFT MASTERPLAN FOR "MOUNTAIN HAWK" PARKATEASTLAKE VISTAS :=-- ..--- -:i-.- ï:l3 THE THEME/THE STORY G"" OF QUA,^"^ ~,o'~"-o' OAre,""~ :-=..:::: ~ I I d! !, f ; ~!i t II. ~ ! ! i j f! f. ¡¡d ! h HI i~ I! ~ t . 5 r" ¡~ 1.1' d ~ H~ U II! n ~ ~ ~ ¡~ d !I'H î q !!~ Ii n : if ~ ~ 11 I' '>-.J ~ lh ~ .,..'..,'! HIli ¡I ~ o'f'1t'1'" , 0 ! ¡j Ai I!r ,\ ¡ i1I , ~ ! ~~ ! ~ p.: ¡ ~ >~! î ! i I II Iii if Ii I - ¡¡ Ih h Ii I " ~X m !t I! ! ~. it \¡! ' ~~!!ih!~1 N.'.'.....". a . Ó . I.J a 0 II!I! D 0 II!I! b-1ì .' ¡¡~ "I :" , I' 11 ¡ oIji ,. ~I¡ ~I; ~:: ,.,;¡' ~ CI:) ~ ~ Q -< ~ ~~ ~ i ~ ~ ~~ ~ ~ o~ =s Ë : " ~ 0 "'" j : ,; ~ z ¡¡.:¡ « ~ ¡[ ~ ~ ~ ~ ~ g g ~ "'" G G"'- , . .~ ~' (j)~-.~""""", @_.~~ @)~n~M~~- @~-~~--~~~ - @);:;;'=O~':;:"="..,:::'~ ~=--~~- @:::: ::::. ~~ FINAL DRAFT ":~1:;;;;;:;';OR "MOUNTAIN HAWK" PARK AT EASTLAKE VlST AS ! ~ 1 GRADING/DRAINAGE PLAN "'IT~GKA.AV'S;' -".O2~"~2 0""."2010< o~~t..,,!IIL~- ..:::~-- " I "<,)\ \ '" ) \'\~::-:::""::::::_-=} ~ ,. ~~~"_.~-='o_~w_,~- 2. "--~w.P~w"-~~"---.n- N"~~__^~~..~~,"v~",,~w, O. --."""'='~OM~~"""".~_.~.~~- ~---""""""--~,.~-._^'.,-,~, 4. ~-~._._.~-'--~ O. --~.,.'"""""~~-~~.~,~'^""'" ~~E'æ1~~~-"";:"".~~~t... I TIlE MOUNTAIN ... WI< ImIRY (CON." __'k.__.__.- ...,-~-,-~-,-- :;:.:=;";:"';::::::':'-=,:-,:;;:- -.--.----- ----..~--- -------,"'- ---.------ ---- -----,.,-.- --,----- --.-.....---. ::-?'E'",-::",::":::",,,-=::: ~3îæË'âf': -,--_...._-~ --...---- --.-...-.-- ---------- -,.,------ -----.-- =::.-..:;.'::;::;;;'..-.:;:::"... -----...-. ti;>- \ ~ W',' I RANGH H<:>œE (RESTROOM FAG) FLOOR PLAN """', 'w. "-0' .-. 5O\JTH ELEVATION ¥'11TH ¥'!ALL "'""-,, "". "-0' ~ NORTH ELEVATION ""'"-'. ",'. "-0' ......... . .........,.........-............ . ..........,....._._--- I . """""-"""-"""""'-- ....-....-",..........,..-- ..... ""......... - . .... .. .- . ......-.-..........---... -....- "'."ùc.......-......."", ..v_- . T"'_""""""""""""-"""" .............................. ............." "".-"""""""'--1-""'" ....- itii: . :-:.\:":':;;~~=-...::::::::."'-~. . """""--.,,..,.........-..... -""....--....--, ......... ........,-.....-- . 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'-', -~--- ~ .CITY REQUIRED PARK SIGNS 0p"""""""", 0P"""""""""""VERS""'" 0p"", ""-"5"" "',<>."." """""') 0~~'""-,,, 0-"" RE><RV'~ON ~~ e-.p".,P.,^""'~.PL'oY."""'" 0"""",,,,"""6' FINAL DRAFT MASTER PLAN FOR "MOUNTAIN :~~;~ AT EASTLAKE VISTAS - :m) ..--- -,:..- SIGNAGE PLAN "'""OF"""",,,.. -", o,~,,~, 0"". ",.m 0,.'" ,= "" "":-=::: 7 ,. "'""P""""""""",,, """""'" '0 ""'" OF G>UA ",.. .,"""....".. ,. ... SOE'" . POR '""""""'" """"'" »æT<HE>. í 'II' ,;, ',,1 "" "ll , II ~~ "". iiE ~!II¡ ,!dil , ' .,1 - ~I: ~I- ~!: <.~ ..:¡ Eo-< I:t.:I ~ Eo-< ~ < g I L~~ ~ < I! ~ ~ ~~g~~ h . ~ ~ ~Igil ~~ ~ i ~ I I hil~ ~~~ ~ ~. ~ ~ .ii~~ ~~î ~ I~ ~ '¡¡ill !" !; ~. ~ ~ ¡ 0 ~ f 5 ~ ~ j ~ ~ ¡:: I:t.:I ~ ~ ~ ~ \!) g ~ ~ --1 "¡¡~ "i . ~ 3' ~ . 0 ~ ~ t "~ ~ ~ ~. ~ ~ S "~ ~ ~ ~ ~ § h - ~~ ~ ~;¡¡" 0 ~ I "~~ ~ . ow ~ " ~ Ë '. ~~ , ~ ~~ 0 ~2 ~ ~! ~ ~ ~ ~= §!. ç~ ~ ~ ' - U !! Hi h ~i I ~ ~ <ft) <J æ v ¿, 8 <Þ Ó L h --q5~ .~- ..~ - ~ ....::.'> ~... I I ", ". .--",-" ~ ,. ""'..."..".." 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""""OED ^' ..,,"'~ """-E"""""'. FINAL DRAFT MASTER PLAN FOR "MOUNTAIN HAWK" PARK AT EASTLAKE VISTAS ~ ~) ..--- -;i-.- r:l9 IRRIGATION/I^IATER CONSERVATION PLANG"""GMA.AV"'A -"o,~,..o, DA", ""'0' 0,.'" ,GO 'so 'so ::-:.: U '\'S' I -~ ....;:j í I \ "\ \ J!Ujl ' \ \ ~'> ".>:~._------------~--- ~---""--'-=4 ~ . "".: MAINTENANCE RESPONSIBILITY ,. "'-'- LAN""""", ""^" ""'" "" PAAK """"-"""-..~y"^"""""".... "'G<~~""'-AV""'""""""""~",, "D" ....,,'" "" .""""" """- """ ee """""«ED Oy "'" o,~ ~ ""'-A 'OS", '.AD""""'"""""""""""""."""""""",, .OS~ "" PAAK """- ee"""""«ED.Y "'" """""""""""""A""" PLANT LEGEND O==.~~'o,"""" 0-AAK~_~-" O§;:-- -- - ..- '-.uo,~"",","""""""",-""""" ~¿"~ ~;::<~';";==';: ':=""'" """"""'~"""""'-""""E>n_"""'" """"""""""""'O'AY~"""">=E'~ - """""" """"'" 5"""""" "" 'O~O ::;:;i"~""" OAN """",, "'0 '" OOAY LAKe ..""G<~~""'-A""'A"""'-""-50" RE5PO><5"'", ~ """""".." AND """"'.. ~ PAAK""",m"._=......,._"""", -AAK"" 'O'. R.AY """'"""". m) ~~ - .~ ~"""'-~~~Yi -- - ,~ =~~~ - ~ = =:.:.:....~ =- :::: :=: FINAL DRAFT MASTER PLAN FOR "MOUNTAIN HA ::~ AT ;:~L~ VI~TAS ~~) ..--- -:::.-°10 PLANTING/MAINTENANCE PLAN O<~~o"'--"v",^ ~,o,~,.~, DA"""""",, o ~'" "'" "" "'" :.:::=: 11°1 1 1:\"- \ ~ I Î ~~ ~ 51re CR055 ""<OrION A ~ .. FINAL DRAFT MASTERPLAN FOR "MOUNTAIN HAWK" PARKATEASTLAKEVISTAS ==-- ----- :Ë-::: 'ill SITE CROSS SECTIONS/ COST ESTIMATE Wy~~v;.,^ -",O'~H~' OATO, ",.'°< O,,~ ,= "O "" -. IIII \'\' I ..:D~ ....!,) I -"'"'._--."CO<t..........,.,.,."""",........"",_. ,.".,., .... .... - ."'... ... ,...... .....- ~ "'....... '" """ ".00 """".00 c..-- '" """ "'.00 "n.""-... -........ ""'.'00"" ........, -- ~ W_,.... ~ , "'.""-.00 "'.""-." ---- ~ , "'."." ",...... ---..." ~"".- "'..... "'-"""""" ~"'........ "..- ...- ~ , .....'" "'."'" .--.. ~ -- "... """'""..... ,-- ~ , "....... "....... "'"'-'.....- ~""",,-," "'."." ------."'" ~ , ""...'" "'0."" - ~ ......-...........-.- """" """ "...""" -.-.--.. "'." .... "'.- .................. """" "" "'.- ......-...- .. """ 'n.." """"" ",,~,.- ""." "" ""'"'... -- ~I -- ~ , ""..... ""..... """""'- ~ 2 "'-" "".""-... ---........., ~"".""-'" "'.""-... .................-.. ~"'""'" ".""-'" -- '-'" "............. ........... '-', ,,"'-" ",.".. ......,-- ...." ""'... ...""-... --......--, '-', ".".00 "-""'" -- '-' , "'............... ...... ~ , ......... ",.- ....--..........., ~, ,,'...... ",.- .-- '-' n ...""-'" "'.""-." ...... '-' , "...'" "."." -- ~ "'- "....... "" ...""" ....."., ,,""'"'.... ""."'-'" --.- "n,.",.." """.. ..... '-' ,-"'" """ "'-"""" .......... '-'" "".00 ....""-... "...- ,-", ""'" ",."'-"' ,,-- '-"'..... ...- -- ,,"'... "'" "'..... ....... ~ ---~-, " "'.'" "'" ......... ........- o¡;¡¡;:¡¡¡;¡¡¡ .......... c::J!illEj¡J """-."'-"" -- _-'-.....,n" ""...." --'-0" ,......" ""-'-"" "',...... .........,......., """.n .........."... "".....¡ rr-p"kC......."" ""......¡ .......,....--... """"... ---.......-, --.-- "........ ---........-, -..,... """"'" "........ I Material. Lbt . HawkMountain/OvenillSite-Naturalgnmite boulders. . Mountain Hawk I Rabbit Statues - Enlarged bronze animals. . Mountain Hawk Intetpretive Art Columns - Natural precast con",ete with hand painted tile (prepared by local children) and bronze intet]lretive plaques. Tiles epoxied to inset areas in column and g2outed . Rabbila Bridge - p'efabricated canrilev.. wood !mas pedestrian bridge with stone faced abnOnenla. Stone to be La Cre.sta type to matcb Easilake Tlllils and Vistas communities. . Trellis Structures - Hand-made Dobler brick columns (reddish brown color) with solid stained wood timber ..ellis members. Ovenill appesrance and color to match Eastlake Traib and Vistas communities (similar to Circle Park "ellis). . Tot Lot Areas - Pre-manufactured structures with customized elemenla to matcb overaU park theme. Safety surface materinl to be 'Fibar." . Conûort Station (Restroom) . Spanish Rancb style structure with red concrete roof tile and beige stucco walb (npper portion). Low.. portion to be colored I sand blasted concrete block. . Con"'ete Paving - Nstnral color concrete with retarded finish. . Specialty Paving - Simulated rock paving with exposed aggregate finish. . Mountain Spring Fountain - Interactive play foontain with Bush mounted jela and boulder grouping.. Surfiu:c to be rubberized safety surface with simulated water pattern. . Stol)' Place Ampbitbeat... Trellis structure to match Circle Park trellis at East1ake Traib. Decomposed gnmite walking surface with stone fuced seala to matcb other site stoncwod<. . Park Fnrniture . Chula Vista approved picnic tables, bencbes and trash receptacles. Tables in turf area to be set on natural color concrete pads. Basketball standard to be Chula Vista approved. . Park Lighting - Standard security lighting at parking area and along all walks and trails. Basketball coor! to be lit for night use. .. FINAL DRAFT MASTER PLAN FOR "MOUNTAIN HAWK" PARK AT EASTLAKE VISTAS == Q] ..--- ::i::; MATERIALS LlST/ COST ESTIMATE "'n-æ<><u",... -"',02-0""~' """"""O' O"'O ,,'° ,~ "" --::0 12 EXHIBIT 2 Design Build Fee Structure J:lAttorneylEHulllAgreementslMountain Hawk Park DB 070104.doc II fe-Jot) -' Exhibit 2 8. Design Build Fee Structure Design Fee and Engineering - NE Design Fees (Architectural, Structural, Civil, Electrical & Landscape) fixed at $293,000 including Construction Administration. Fee for Pre-Construction Services - Sliding Scale Design-Builders minimum Fee is fixed at $20,000 for projects up to $1,000,000 in construction cost plus 0/. % for construction cost over $1,000,000. General Conditions - at cost Refer to work sheet at the end of this section for billing rates of typical general condition items. Cost of Work Multipliers (FEE) - Sliding scale Design-Builders minimum Fee is fixed at $100,000.00 for projects up to $1,000,000 in construction cost Over $1,000,000.00, the following sliding fee schedule applies: 1. For projects $1,000,000 or less - Fee fixed at $100,000. 2. 6% on the next $500,000 of construction cost over $1,000,000. 3. 5 Y>% on the next $500,000 of construction cost over $1,500,000. 4. 5% on the next $1,000,000 of construction cost over $2,000,000. General Liability Insurance and Course of Construction Insurance will be provided at cost. Change Orders Fee on change orders will be the same sliding fee scale provided above. As an example, if the cost of construction is $1,500,000, change orders in excess of this amount (up to $2,000,000) will be marked up by 5Y>%. This will cover home office overhead and fee. Field overhead (General Conditions) is a function of time paid at cost. If the change does not affect the duration of the project, there will be no adjustment of the general conditions due to a change. Payment and Performance Bond Rates 1. Projects under $500,000 - $12.00 per 1,000. 2. Projects over $500,000 - $6,000 base plus $8.00 per 1,000 over $500,000. l§:J 0°""'",,"00 0O. b-j(N DesignIBuild Services Proposal Mountain Hawk Par ERICKSON.HALl .." 8. Design Build Fee Structure (Can't) Mountain Hawk Park - Preliminary Construction Costs 1. Preliminary budget - hard cost subtotal 2. General Conditions - 8 Months 3. Subtotal - Hard Construction Costs 4. DesignlBuilders Fee - sliding scale Fee on first $1,000,000 of construction cost Fee on next $500,000 over $1,000,000 - 6% Fee on next $500,000 over $1,500,000 - 5 1/2% Fee over $2,000,000 - 5% 5. Total- Preliminary Cost of Construction Estimate $ 2,500,000 $ 160,000 $ 2,660,000 $ 100,000 $ 30,000 $ 27,500 $ 30,000 $ 2,850,500 $ 20,000 $ 13,879 $ 80,150 $ 161,150 $ 51,700 $ 9,800 $ 20,000 $ 3,207,179 $ 6,000 $ 21,657 $ 9,622 $ $ $ 133,000 $ 3,377,458 $ 160,000 $ 356,679 $ 516,679 DesignlBuild Services Proposal Mountain Hawk Park Design and Pre-Construction Fees: 6. Preconstruction Services for Design/Builder - sliding scale Preconstruction fee on first $1,000,000 of construction cost Preconstruction fee on construction cost over $1 mil. - 3/4% 7. AlE Design Fees Schematic Design / Design Development Construction Documents 8. AlE Construction Administration 9. Topo & SWPPP 10. Reimbursables Total Preliminary Design & Build Cost 11. Cost of bond premium - sliding scale First $500,000 - $12.00 per 1,000 Premium over $500,000 - $8.00 per 1,000 12. Insurance 13. Building/Utility/Site Fees (by owner) 14. City staffing I Inspections (by owner) 15. Project contingency @ 5% Total Preliminary Project Cost Design Fees, Pre-Construction Fees and GC Summary: General Conditions (line item 2 above) Design and Pre-Construction Fees (line items 6-10 above) Total Design Fees, Pre-Const. Fees and General Conditions IË:J E ICKSON.HALL <.""',,".N <.. b ~/ð2- GENERAL CONDITIONS WORKSHEET DESCRIPTION QUANTITY UNIT UNIT COST !Qill PROJECT PERSONNEL (List Name) Project Manager week 1,930.00 Project Superintendent week 1930.00 Project Engineer If Required week 1,325.00 Project Administration If Required week 850.00 Project Accounting SUBTOTALS PROJECT SITE OFFICE Temp. Office Mobilization/Demobilization Lump Sum 650.00 Temp. Office Rental Month 350.00 Office CleaninQ In Daily Clean Office Equipment - Computer, Copier, Fax Lump Sum 3,500.00 Office Supplies Week 130.00 Telephone Services - Pac Bell & Nextel Month 450.00 PostaQe, Courier, Federal Express In 9flice Supplies Small Tools Week 120.00 Protective Equipment/First Aid Supplies Week 60.00 SUBTOTALS GENERAL EJlPt:N:st:S Repro. Costs/Coordination (Drwgs Only) Lump Sum 4,000.00 Scheduling In House by Project MIZ1". PrQ9ress PhotoQraphs Month 50.00 Insurance Bonds SUBTOTALS " -7 tJ3 Page 1 of 2 GENERAL CONDITIONS WORKSHEET DESCRIPTION QUANTITY UNIT UNIT COST TOTAL TEMPORARY SERVICES Toilets/Handwash Stations Month 150.00 Storaae Container Month 80.00 Dumpster/Debris Box Month 950.00 Temoorarv Power Month 300.00 Temporary Water Month 150.00 UtilitY Hook-Uo Lumo Sum 3,500.00 SUBTOTALS SITE SERVICES Security Guard Services If Required Hour 15.00 SecuritY Site Fencina As Required LF. 1.75 Barricades As Required Traffic Control As Reauired Dust Control As Reauired SUBTOTALS MISCELLANEOUS ITEMS Surveil Stakinn & Restakina As Required Daily Clean Up Week 350.00 Final Clean Up S.P. 0.25 SUBTOTALS PROJECT VEHICLE EXPENSES Trucks/Cars Month 650.00 Car Exoense Month 650.00 Fuel Month 500.00 SUBTOTALS TOTAL GENERAL CONDITIONS é-/!)' Page 2 of 2 EXHIBIT 3 Identification of Design Build Team Members J:\AtlorneyIEHull\AgreementsIMountain Hawk Park DB 070104.doc HI 6~ Exhibit 3 3. Identification of DBT Members Contractor I Desiç¡n-Build Team Lead Legal Name and Address Erickson-Hall Construction Co. 500 Corporate Drive Escondido, California 92029-1517 Legal Form of Company - Erickson-Hall is a California Corporation. Dave Erickson and Michael Hall are the only owners and each has equal ownership. Business History - Erickson-Hall has maintained offices in Escondido, California since incorporating in 1998. Prior to incorporating as Erickson-Hall Construction Co., Dave Erickson was owner and president of D.M. Erickson Construction Co. and maintained an office in Escondido since 1993. Surety Information (Bondability) - Erickson-Hall Construction Co. has a line of credit through Travel- ers Casualty and Surety Company of America with a single project bond limit of $20,000,000 and an ag- gregate limit of $50,000,000. Included at the end of this section is a letter of bondability from our surety company. Erickson-Hall Mission Statement Number of Employees Home Office: Principals: Number of Construction Mgrs: Number of Project Managers: Number of Project Engineers Number of Admin Support: Number of Pre-Constr Mgr: Number of Estimating Staff: Number of Accounting Staff: Field Offices: Number of Superintendents: Field Clerical/Coordinators: Trade persons: IË:J ERICKSON-HAll '°0""""00 '°. To provide quality general building contracting services to our customers by bringing a superior team to each project 2 2 7 5 4 1 7 5 Core Values Operate with honesty and integrity. Work with passion, excitement and enthusiasm. People are the source of our success. Hire the best - expect the best 28 12 50 - 70 Build more than buildings for our customers - build relationships Design/Build Services Proposal Mountain Hawk Park ~-I tJr;,' '~ 3. Identification of CBT Members (Con't) Landscape Architect I Lead DesiQn Consultant legal Name and Address Delorenzo Incorporated San Diego Studio: 1775 Hancock Street, Suite 150 San Diego, CA 92110 legal Form of Company - Delorenzo Incorporated is a design firm emphasizing landscape architec- ture, planning, maintenance and consulting. Established in San Diego in 1976, the Delorenzo team pro- vides a wide range of professional services throughout the western United States. led by Nick Delorenzo, ASLA, a licensed landscape architect designer and planner with over 28 years of profes- sional experience, Delorenzo Incorporated's staff includes licensed landscape architects and planners certified in a number of specialties. Business History - Delorenzo Incorporated has completed numerous landscape architectural designs for private and public sector clients throughout the West Coast. These projects have addressed such issues as long-range capital improvement programs and on-site investigation of landscape design, management, and transportation networks. The firm has won numerous professional awards including the BIA, SAME and MAME awards, the American Society of landscape Architects awards for excellence in landscape architecture, and the California Coastal Commission award for recreation design. In addition, the firm's work with landscape and irrigation management planning has broken new ground in establishing efficient cost effective programs for projects ranging from large residential estates, condominiums, and office complexes to campus-size facilities such as UCSD and several military bases. Delorenzo Incorporated's early experience focused on some of Southern California's most successful master planned communities including Rancho Bernardo, la Costa, Scripps Ranch, Carmel Mountain Ranch and Eastlake. In addition to community design, the firm has become recognized for excellence in commercial and resort projects, and park and recreation design. Jæ:I ERICKSON-HALL <00"",,"00 <0. Design/Build Services Proposal Mountain Hawk Park icJ .../ C 7 ~7 ~V?- :--~-== ,""";:""'" ...,.,."'" ~~~~ Community Development Department City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5047 - 619.476.5310 Fax cvcomdev@ci.chula-vista.ca.us INFORMATION MEMO ellY OF CHUlA VISTA TO: The Honorable Mayor and Council members VIA: FROM: David D. Rowlands, Jr., City Manager Laurie A. Madigan, Director of Community Developme~v/' DATE: July 13, 2004 RE: Item 7 - San Diego City Council to Consider Second Letter of Intent It was anticipated that the City Council of the City of San Diego would consider approval of the Second Letter of Intent at its meeting of July 12. However, this item will be considered by the Council on July 19 as Item No. 107. Staff will provide you with a written update once the San Diego City Council has taken action. PAGE 1, ITEM NO.: MEETING DATE: '1 07/13/04 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND LETTER OF INTENT BETWEEN THE CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE OTAY VALLEY REGIONAL PARK AND THE WEST FAIRFIELD REORGANIZATON PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID LETTER OF INTENT SUBMlnED BY: REVIEWED BY: EXECUTIVE DIRECTOR (Þ o(L- 4/5THS YOTE: YES D NO 0 BACKGROUND Staff from the City of San Diego and the City of Chula Vista have been jointly working to formalize a proposed reorganization that will restructure boundaries between the two cities in and adjacent to the Otay River Valley. Staff from both cities have also been working to evaluate annexation of the portion of the West Fairfield property that is within the City of San Diego into the City of Chula Vista in order to adequately provide future development in that area with necessary public services. In August 2002, both cities executed a Letter of Intent (LOI) establishing the principles that would form the basis of reorganization of the properties. The LOI also expressed the parties' agreement to cooperate with each other to accomplish the purpose and intent associated with the Otay Valley Regional Park (OVRP) Reorganization Plan. The LOI expired on December 31, 2003. Work to analyze this reorganization is continuing between the staff of both cities. A new LOI (Second LOI) with an expiration date of July 31, 2006 has been drafted (reference Attachment). This LOI is a non- binding document that allows the two cities to maintain their full and unfettered discretion on all discretionary actions they will consider in the future. Approval of this Second LOI by the City Councils of both cities will allow negotiations between the cities to continue. This same document is to be presented to the City Council of the City of San Diego on July 12. Staff will provide the results of that action. RECOMMENDATION Adopt the resolution approving the Second Letter of Intent as presented and authorize the Mayor to execute said LO!. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. 7-1 ,~ PAGE 2, ITEM NO.: MEETING DATE: '/ 01/13/04 DISCUSSION In 2001, the Cities of Chula Vista and San Diego began negotiations to pursue a reorganization that would restructure boundaries between the two cities in and adjacent to the Otay River Valley and within the West Fairfield area. The reorganization would result in the annexation of two properties from the Cily of San Diego to the Cily of Chula Vista and one property from the Cily of Chula Vista to the Cily of San Diego. In order to officially acknowledge these negotiations, both cities executed a Letter of Intent on August 5,2002. The LOI expired on December 31,2003. The Cities of Chula Vista and San Diego continue to pursue the goals of the OVRP Concept Plan by endeavoring to acquire parkland that will preserve valuable biological resources and to create recreational opportunities within the Otay River Valley. As part of this effort, an agreement hos been reached between both cities that will preserve specific natural open space areas, create two active recreational sites within the OVRP, and provide an opportunily for redevelopment. The area known as West Fairfield, located west of Interstate 5 between Palomar Street (on the north) and Main Street (on the south), has been acquired by Charles Company from H.G. Fenton since the time the original LOI was executed. Charles Company is planning to develop the area. In its entirely, West Fairfield includes approximately 66 acres of land that are located within the boundaries of both the Cily of Chula Vista and the Cily of San Diego. Development of the Charles Company properties will require that portion within the Cily of San Diego to be annexed into the Cily of Chula Vista in order for necessary public services to be adequately provided. To accomplish these objectives, a reorganization of the jurisdictional boundaries of the two cities is required. The "OVRP Reorganization Plan" would include the following: . Nakano-Davies Reorqanizaiton Detachment of the properties known as "Nakano-Davies" (approximately 27 acres) from the Cily of Chula Vista and annexation into the Cily of San Diego (see Exhibit 1 attached to the draft Second LOI). The Cily of San Diego will be designated as the Lead Agency for this project. Pardee Homes has entered into an agreement to purchase approximately 18 acres of this area (currently the Nakano ownership). Annexation of this area into San Diego will provide for access and public services to be extended through the Pardee Ocenview Hills Project. Development of an active park and institutional uses are proposed. Ranchero Rios Reorqaniation Detachment of the property known as "Ranchero Rios" (approximately 76 acres) from the Cily of San Diego and annexation into the Cily of Chula Vista (see Exhibit 1 attached to the draft Second LOI). Chula Vista will serve as the Lead Agency for this project. The Ranchero Rios property was purchased by the Cily of Chula Vista for inclusion into the OVRP. Annexation into Chula Vista will provide access through Chula Vista and enable a portion of the property to be developed for active park uses. The remainder is planned to provide natural open space within the OVRP. 7-2 PAGE 3, ITEM NO.: MEETING DATE: 1 07/13/04 The West Fairfield annexation would include the following: . West Fairfield Reoaranization Detachment of properties in the West Fairfield area know as the "Charles Company" properties (approximately 34.5 acres) from the City of San Diego and annexation into the City of Chula Vista (see Exhibit 2 attached to the draft Second lei). Chula Vista will be designated the leod Agency for this project. Annexation into the City of Chula Vista will allow for expansion of public facilities and services from Chula Vista. Redevelopment of the site with mixed use development consisting of office/light industrial, retail, and residential uses is being proposed. The lei also provides that "as part of the West Fairfield Reorganization, the parties may enter into a revenue-sharing agreement that will fairly and equitably divide future municipal revenues generated from the project site." Work to analyze this reorganization has been ongoing between the staff of both cities. In order to continue negotiations, a new lei has been drafted with an expiration date of July 31, 2006 (reference Attachment). This Second lei retains the parameters of the original leI. It is not a binding agreement, nor does it commit either city to approve or disapprove any of the applications, pre-zoning, entitlements, or other approvals required for the related projects. Staff from both cities support the additional time that the Second lei will provide to allow for continued negotiations to accomplish important goals for redevelopment. Staff therefore recommends that the City Council approve the lei and direct staff to implement the actions therein. FISCAL IMPACT This action will result in no direct fiscal impact at this time beyond associated staff time. Prior to annexation, a tax sharing agreement will be negotiated and additional fiscal impacts, if any, will be determined. AnACHMENTS Second letter of Intent with the following: Exhibit 1: Map of Nakano/Davis Properties and Ranchero Rios properties Exhibit 2: Map of West Fairfield Properties J:\COMMDEV\MASTERS\AGENDA STATEMENT. JOINT_doc "~ -' 7-3 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND LETTER OF INTENT BETWEEN THE CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE OTAY VALLEY REGIONAL PARK AND THE WEST FAIRFIELD REORGANIZATON PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID LETTER OF INTENT WHEREAS, on August 5, 2002, the Cities of Chula Vista and San Diego entered into a Letter of Intent (LOI) in order to memorialize the intent of both cities to Initiate and implement an Otay Valley Regional Park (OVRP) Reorganization Pian that would include the NakanolDavis and Ranchero Rlos Properties, and the West Fairfield Reorganization; and WHEREAS, the LOI expired on December 31,2003; and WHEREAS, work to analyze the reorganization is continuing between the staffs of the two cities; and WHEREAS, the Second LOI with an expiration date of July 30, 2006, will allow continued negotiations to accomplish important goals for the OVRP and redevelopment of the area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby approve the Second LOI between the City of Chula Vista and the City of San Diego. BE IT FURTHER RESOLVED that the City Council of the City of Chura Vista hereby authorizes the Mayor to execute said LOI and directs staff to work with the City of San Diego staff to implement the actions outlined In said Letter of Intent. Presented by Approved as to form by Laurie Madigan Director of Community Development ~L~IM An oore . y Attorney 7 ::-L{ THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL 4 ~ 'l/)1 /Iud City Attorney Dated: 7/1/04 SECOND LETTER OF INTENT BETWEEN THE CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE OTAY VALLEY REGIONAL PARK AND THE WEST FAIRFIELD REORGANIZATION PLAN 7-5 SECOND LETTER OF INTENT Between the Cities of San Diego and Chula Vista Regarding the "OTAY VALLEY REGIONAL PARK (OVRP) REORGANIZATION PLAN" This letter of Intent ("LOI") is entered into by and between the City of San Diego (San Diego) and the City ofChula Vista (Chula Vista) for the purpose of memorializing and expressing the general intent of San Diego and Chula Vista to reorganize the San Diego and Chura Vista jurisdictional boundaries within and surrounding the Otay Valley Regional Park ("OVRP") Planning Area. Although this Letter of Intent is not meant by the parties to be a legally binding agreement, or an amendment to any existing agreement, it does contain some initial principles that would fo= the basis of the organization. A. B. C. D. RECITALS On January 30, 1990, San Diego, Chura Vista and the County of San Diego executed a Joint Exercise of Powers Agreement ("JEPA") for coordinated acquisition, planning and design of the OVRP. The JEPA subsequently prepared and adopted an OVRP Concept Plan. In accordance with the JEPA and the OVRP Concept Plan, San Diego and Chura Vista have been working cooperatively to acquire land for the purpose of park development, and to develop land located within the OVRP Planning Area for park purposes. A series of staff level meetings were held between San Diego and Chula Vista to discuss the reorganization of the jurisdictional boundary between San Diego and Chura Vista within and surrounding the OVRP, in order to implement actions that will lead to parkland acquisition and/or development and implementation of the OVRP Concept Plan. As a result of those meetings, San Diego and Chula Vista have identified the actions contemplated which are described herein, and referred to as the "OVRP Reorganization Plan". In furtherance of implementing the OVRP Plan, San Diego and Chula Vista will pursue consideration of the reorganization of their municipal boundaries and a revenue-sharing agreement towards implementing the OVRP Concept Plan. On August 5, 2002, by Resolution No. 296937, the City Council authorized the City Manager to execute a Letter of Intent between the City of San Diego 7-~ ATTACHMENT 1 and the City of Chula Vista regarding the OVRP Area which expired on December 31, 2003. E. On August 6, 2002, by Resolution No. 2002-285, the Chula Vista Council authorize the Mayor to execute a Letter of Intent between the City of San Diego and City of Chula Vista regarding the OVRP Area Reorganization Plan which expired on December 31, 2003. F. The Parties desire to further discuss the reorganization of the San Diego and Chula Vista jurisdictional boundaries within and surrounding the OVRP Area. G. Although this LOI presents a general plan of the implementing process to recognize the jurisdictional boundaries, San Diego and Chula Vista intend to follow any and all adopted laws, regulations, policies, and procedures of their respective agencies, including City of San Diego Administrative Regulation 50.20, Annexation Procedures, and City ofChula Vista Policy 267-03, Annexation Fees. OVRP REORGANIZATION PLAN Now, therefore, in acknowledgement of the recitals above, San Diego and Chula Vista (the Parties) hereby agree to the following principals to implement the OVRP Reorganization Plan: 1. The parties will initiate the process of Reorganization for the following: a) Nakano-Davies Reorganization Detachment of the properties known as "Nakano-Davies" (APN #'s 624-071- 01 and 624-071-02, and as described by Exhibit 1 attached hereto and incorporated by reference herein) from the City of Chula Vista, and annexation of the Nakano-Davies properties into the City of San Diego; b) Ranchero Rios Reorganization Detachment of the property known as the "Ranchero Rios" property (APN #'s 631-013-33,631-013-34,631-013-35,631-013-36, 624-070-22, 624-070-26, 624-070-01, and as described by Exhibit 1 attached hereto and incorporated by reference herein) from the City of San Diego, and annexation of the Ranchero Rios property into the City of Chula Vista; and c) West Fairfield Reorganization Detachment of the properties in the West Fairfield area known as the "Fenton" properties (APN #'s 621-010-037, 621-020-06, 622-101-02, 622-101-01, 622- 101-23,622-101-15,622-101-04, and 622-101-17, and as described by 2 '7-1 Exhibit 2 attached hereto and incorporated buy reference herein) from the City of San Diego, and annexation of the Fenton properties into the City ofChula Vista. 2. In order to implement the Nakano-Davies Reorganization, San Diego will be designated the "Lead Agency". As the Lead Agency, San Diego will initiate a Resolution ofInitiation to LAFCO, and will work with affected property owner(s) to process any pre-zoning, entitlements, environmental review and/or other approvals required by LAFCO to complete the LAFCO application and review. Chula Vista will be designated as a Responsible Agency and will initiate a Resolution of Initiation to LAFCO, substantially similar to that of San Diego. 3. In order to implement the Ranchero Rios Reorganization, Chula Vista will be designated the "Lead Agency". As the Lead Agency, Chula Vista will initiate a Resolution of Initiation to LAFCO, and will work with affected property owner(s) to process any pre-zoning, entitlements, environmental review and/or other approvals required by LAFCO to complete the LAFCO application and review. San Diego will be designated as a Responsible Agency and will initiate a Resolution of Initiation to LAFCO, substantially similar to that of Chula Vista. 4. In order to implement the West Fairfield Reorganization, Chula Vista will be designated the "Lead Agency". As the Lead Agency, Chula Vista will initiate a Resolution of Initiation to LAFCO, and will work with affected property owner(s) to process any pre-zoning, entitlements, environmental review and/or other approvals required by LAFCO to complete the LAFCO application and review. San Diego will be designated as a Responsible Agency and will initiate a Resolution of Initiation to LAFCO, substantially similar to that of Chula Vista. 5. As part of the West Fairfield Reorganization, the Parties may enter into a revenue-sharing agreement that will fairly and equitably divide future municipal revenues generated from the project site known as "West Fairfield". 6. By entering into this LOI, San Diego and Chula Vista do not agree to approve or disapprove any of the applications, pre-zoning, entitlements and/or other approvals described herein. San Diego and Chula Vista, however, will process such applications, pre-zoning, entitlements and/or other approvals in order to be able to make a timely decision on each of them. 7. The Parties hereto agree to cooperate with each other to accomplish the purposes and intent of this LOI and to support initiation and processing of the Nakano- Davies, Ranchero Rios and West Fairfield LAFCO Reorganization Applications. 8. This letter is non-binding in all respects and can not and may not be construed as a commitment of or an approval of a project by San Diego or Chula Vista. San Diego and Chula Vista acknowledge that they neither intend to enter, nor have 3- 7-g 9. 10. 11. 12. 13. they entered, into any agreement to negotiate a definitive agreement pursuant to this LOI, and either party may, at any time prior to execution of such definitive agreement propose different terms from those summarized here or unilaterally terminate all negotiations without any liability whatsoever to the other party. Each party is and will be solely liable for all its own fees, costs and other expense in conjunction with negotiation and preparation of a final agreement pursuant to this LOI. San Diego agrees to assume responsibility as the lead agency under CEQA for the environmental analysis necessary to proceed with the proposed Nakano-Davies Reorganization. Chula Vista agrees to assume responsibility as the lead agency under CEQA for the environmental analysis necessary to proceed with the proposed Ranchero Rios Reorganization and West Fairfield Reorganization. It is understood that Chula Vista and San Diego reserve the right to exercise their discretion as to all matters which Chula Vista and San Diego are by law entitled or required to exercise their discretion. In addition, any agreements, amendments or approvals processed for either City Council approval will be subject to, and brought for consideration in accordance with applicable legal requirements. This Letter of Intent may be executed in any number of counterparts (each of which shall be original) and by facsimile (which along with the originally executed Agreement) shall constitute one and the same document. The parties are in agreement with the foregoing as indicated by their signatures below. The parties agree that any modification from the principles expressed herein will be in writing and signed by the parties. The signatories below have authority to act on behalf of such party. THIS PAGE INTENTIONALLY LEFT BLANK 4' 7-C¡ 14. This LOI shall be effective on the date it is executed by the last Party to sign the LOI, and it shall be effective until July 31,2006. Date: Date: APPROVED AS TO FORM: CASEY GWINN, CITY ATTORNEY Deputy Ciy Attorney APPROVED AS TO FORM: ANN Y. MOORE, CITY ATTORNEY Deputy City Attorney 5- 7-10 CITY OF SAN DIEGO A municipal corporation City Manager CITY OF CHULA VISTA A municipal corporation City Manager WJ LL.J EXHIBIT 1 CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT ê!) PROJECT PROJECT DESCRIPTICN: . APP\.JCAN1'. CITY OF CHULA VISTA OTAY VALLEY REGIONAL PARK REORGANIZATION SCALE: J FILE NUMBeR: NORTH No Scale CD(2) - 7-/1 ..",'. / -.-.--....., rf I PROJECT LICITION CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT Lë) PROJECT PROJECr DESCRIP'I1ON: APPLICAN1'. CITY OF CHULA VISTA OTAY VALLEY REGIONAL PARK REORGANIZATION . SCALE: I FI.E NUMBER: NORTH No Scale CD(1) 7-/7. PAGE I, ITEM NO.: MEETING DATE: go 07/13/04 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT NO.1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN' DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO SIGN SAME COMMUNITY DEVELOPMENT DIRECTOR SUBMITTED BY: REVIEWED BY: CITY MANAGER , vÇ" 4/5THS VOTE: YES D NO 0 BACKGROUND In 1996, the San Diego Unified Part District (District) entered into a Memorandum of Understanding (MOU) with its member cities of Coronado, Imperial Beach, National City, and Chula Vista. The MOU committed the expenditure of $63 million for tidelands capital improvements projects to be completed over seven years in these member cities. The original MOU with the City of Chula Vista (City) provided funds totaling approximately $14.4 million for tidelands projects within Chula Vista. Since adoption of the MOU, several projects have been completed and a portion of the funds have been expended. The balance remaining from the original MOU allocation totals approximately $13 million after expenditures and Building Cost Index increases. In 2003, the Port/City joint planning process for redevelopment of the Chula Vista bayfront commenced. During the Chula Vista Bayfront Master Plan (CVBMP) process, City and Port staff have identified and prioritized a number of improvement projects integral to redevelopment of the bayfront. Staff has since been working to negotiate an amendment to the MOU so that the MOU will reflect the timetable and funding for completing these projects. On June 22, 2004, the Port Board adopted an ordinance authorizing Amendment No.1 to the MOU befween the District and the City. This amendment documents the District's intended use of MOU monies for funding the Ci1ýs bayfront projects (reference Attachment 1). In so doing, it establishes and prioritizes fund allocations for bayfront projects deemed critical to the implementation of the CVBMP. As a result of this reallocation of project priorities, previous MOU projects have been deleted from the project list. Several of these projects are contractual obligations of the District per the Goodrich Relocation Agreement entered into befween the District, the City, the Redevelopment Agency, and Rohr, Inc. in 1999. The District will consider these obligations in the context of its Capital Development Program in future years. 8-1 PAGE 2, ITEM NO.: MEETING DATE: 'i! 07/13/04 RECOMMENDATION That the City Council adopt the resolutian approving Amendment No.1 to the Memorandum of Understanding befween the San Diego Unified Port District and the City of Chula Vista and authorizing the Mayor to sign same. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION History In 1995, the District entered into an MOU with the City of San Diego concerning funding for the expansion of the San Diego Convention Center. In 1996, the District also entered into an MOU with the member cities of National City, Imperial Beach, Coronado, and Chula Vista committing to the expenditure of approximately $63 million for tidelands capital improvement projects to be completed over seven years in these member cities. The original MOU with the City provided funds totaling $14.4 million for tidelands projects within Chula Vista. After escalation according to the standard Building Cost Index (BCI), those funds were increased to approximately $18.7 million by February 2004. To date, $5.7 million has been spent and approximately $13 million remains. A summary of the MOU expenditures to date is included as Attachment 2, Chula Vista MOU Expenditures. In 1999, the City, the Redevelopment Agency, the District, and Rohr, Inc. operating as BF Goodrich Aerospace Aerostructures Group (BFG), entered into a Relocation Agreement under which BFG consolidated its operations and the District acquired the former BFG property known as "South Campus." The Agreement obligated the District to complete a number of capital development projects within Port jurisdictional lands on the Chula Vista bayfront. Approximately $4 million in MOU funds have been used, or are intended to be used, to cover the District's Relocation Agreement-related expenses. In 2003, the planning process for the redevelopment of the bayfront commenced. The District and the City entered into a Joint Planning Agreement and agreed to share equally the costs of the planning effort and environmental processing for a total estimated cost of $1.3 million. City and Port staff agreed that MOU funds would be used to cover the preparation costs for the Chula Vista Bayfront Master Plan (CVBMP), and that the District would repay its 50 percent share of the costs by reimbursing the MOU in future years. During the ongoing CVBMP process, City and Port staff have identified a number of improvement projects integral to the redevelopment of the bayfront. ð-Z PAGE 3, ITEM NO.: MEETING DATE: 'is 07/13/04 MOU Amendment Cify and Port staff have been working closely to negotiate an amendment to the Chula Vista MOU to enable implementation of the improvement projects identified as important to redeveloping the bayfront. One project that has been identified as a top priorify and critical to the implementation of the CVBMP is the demolition of the vacant South Campus buildings (formerly occupied by BFG). Demolition is perceived as a prerequisite in order to "clean up" the bayfront to a level that will attract developer interest once the new master plan is in place. Port staff has estimated the "South Campus Demolition Project" to cost approximately $7 million. The District's Capital Development Program (COP) for Fiscal Years 2004 through 2007 had been aligned with the 1996 MOU project list. Thus, the $7 million for building demolition had not been previously identified or allocated within the COP, and was not planned to be funded until sometime after 2007. In order to effect change on the bayfront, removal of the vacant South Campus buildings should be funded in Fiscal Years 2005 through 2007. On June 22, 2004, the Port Board adopted an ordinance authorizing Amendment No.1 to the MOU between the District and the Cify (Attachment 1). This amendment reflects a reallocation of funds (FY05-07) that prioritizes the South Campus Demolition Project and deletes some previously-identified projects from the MOU project list (Attachment 3). Several of these projects, such as the "H Street Extension Project" and "Marina Parkway Realignment Project," are contractual obligations of the Port per the Goodrich Relocation Agreement. Their total cost is $4.6 million and cover the District's commitment with respect to the Relocation Agreement obligations and its 50 percent share of the CVBMP planning costs. Although these projects are being put on hold, they must be completed prior to 2009. The District will consider these obligations in the context of its Capital Development Program (COP) in future years. In addition, Amendment No.1 documents the Cify's intent to request funds through the District's COP process in future years (FY08-13) for the Channel Access Realignment Project. This project, when completed, will also further the goals of bayfront development Staff is requesting that the Cify Council adopt the resolution approving Amendment No.1 to the MOU between the District and the Cify as authorized by the Board of Port Commissioners on June 22, which reallocates project priorities to further the joint objectives of both agencies. FISCAL IMPACT A complete listing of projects, priorities, and estimated costs is included in Attachment 3. Funding of these projects is through allocation of the District's COP expenditures. There is not a direct cost to the Cify. $1-3 PAGE 4, ITEM NO.: MEETING DATE: ;? 01/13/04 AnACHMENTS 1. Amendment No.1 of MOU be1ween the San Diego Unified Port District and the City of Chula Vista with the following: a. Campleted City MOU Projects b. Tidelands MOU Projects for Chula Vista FY 04 through 07 2. Chula Vista MOU Expenditures 3. Tidelands MOU Projects for Chula Vista FY 04 through 07 (incl. Proposed CDP) l\COMMDEV\MASTERS\AGENDA STATEMENT - JOINT.doc g.Lf COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT NO.1 TO THE MEMORANDUM OF UNDERSTANDING BElWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO-SIGN SAME WHEREAS, in 1996, the San Diego Unified Port Distrie! (Disbie!) entered into a Memorandum of Understanding (MOU) with the City of Chula Vista as a furtherance of their commitment to allocate funds for tidelands projects approved as part of the Disbict's Capital Development Program (CDP); and WHEREAS, the balance remaining from the original MOU allocation totals approximately $13 million after expenditures and Building Cost Index increases; and WHEREAS, as part of the joint Port/City Chula Vista Bayfront Master Plan (CVBMP) process, City and Port staff have identified and prioritized a number of improvement projects integral to redevelopment of the bayfront; and WHEREAS, Amendment No.1 to the MOU between the Disbie! and the City of Chula Vista reprioritizes fund allocations for bayfront projects deemed critical to the implementation of the bayfront; and WHEREAS, on June 22, 2004, the Port Board adopted an ordinance authorizing Amendment No.1 to the MOU between the Disbie! and City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves Amendment No.1 to the MOU between the San Diego Unified Port District and the City of Chula Vista. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said MOU for and on behalf of the City of Chula Vista. Presented by Approved as to form by Laurie Madigan Director of Community Development ~~~ Ann Moore City Attomey 2-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ /7~-- Ann Moore City Attorney Dated: June 28, 2004 AMENDMENT NO.1 OF MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA AMENDMENT NO.1 OF MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA THIS AMENDMENT NO.1, made and entered into this - day of 2004, by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District"), and the CITY OF CHULA VISTA, a municipal corporation ("City"); WITNESSETH: WHEREAS, District and City entered into a Memorandum of Understanding Between the San Diego Unified Port District and the City of Chula Vista, dated August 20, 1996 ("MOU"), which MOU includes, as Exhibit "A," a document titled "TIDELANDS CAPITAL IMPROVEMENT PROGRAM - FISCAL YEARS 1995 THROUGH 2004, (Fiscal Year 1995 Begins July 1, 1994), MEMBER CITY: CHULA VISTA," ("1996 Project List" and each project is herein referred to individually, as "Project"), and is on file in the Office of the Clerk of the District bearing Document No. 33004; and WHEREAS, the MOU provided for initial funding in the amount of $14,440,000 ("MOU Fund Allocation") for projects identified on the 1996 Project List, with the parties' understanding that a cost escalation factor, based on the Building Cost Index ("BCI"), would be applied annually to those funds reserved in the MOU Fund Allocation and unencumbered by contract, and thereby increasing the MOU Fund Allocation to $18,784,789 as of February 29, 2004, from which Projects from the 1996 Projects List, as it may have been amended from time to time, were funded; and WHEREAS, the MOU Fund Allocation has been reduced since 1996 as a result of expenditures that have been made for Projects, including some Projects that have been completed (see on Attachment "A," Completed City MOU Projects); and WHEREAS, it is the District's intent to fund and complete the "H" Street Extension and Marina Parkway realignment projects and such other projects pursuant to the Goodrich Relocation Agreement, through its future Capital Development Program ("CDP"), as funds become available by the District's commitment of additional funds for funding said projects; and #83636v1 . '(; '7~~ -- 1 DUPLICATE - ORIGINAL ATTACHMENT 1 2. #83636v1. WHEREAS, it is the City's intent to request 1.4 million for the channel access realignment project for the CDP Fiscal Years 2008-2013; and WHEREAS, District and City have entered into a Joint Planning Agreement, dated December 18, 2002, and on file in the Office of the Clerk of the District bearing Document No. 44952, and as was amended on March 9, 2004, which Amendment is on file in the Office of the Clerk of the District bearing Document No. 47047, ("JPA"), under which the parties are now partnering to master plan the Chula Vista Bayfront which is comprised of properties both held in trust by the District for the State of California and within the planning jurisdiction of the City, to develop the "Chula Vista Bayfront Master Plan" or "CVBMP;" and WHEREAS, District and City are mutually desirous of amending the MOU in consideration of furthering the objectives of the JPA, and to update the 1996 Project List; and WHEREAS, District and City desire to amend the MOU to reflect the current value of the MOU Fund Allocation herein after taking into consideration annual escalation based upon the BCI, minus those expenditures that have been made for Projects or otherwise encumbered by contract; and NOW THEREFORE, for valuable consideration, the MOU is hereby amended in the following respects and no others, and except as expressly amended, all terms, covenants and conditions of the MOU shall remain in full force and effect: 1. The MOU is hereby amended, by superceding MOU Exhibit A, "TIDELANDS CAPITAL IMPROVEMENT PROGRAM - FISCAL YEARS '995 THROUGH 2004 MEMBER CITY: CHULA VISTA" and substituting in lieu thereof the attached Attachment "'" entitled "TIDELANDS MEMORANDUM OF UNDERSTANDING PROJECTS FOR CHULA VISTA, FISCAL YEARS 2004 THROUGH 2007, which updates the '996 Project List as it relates to the projects in the Member City of Chula Vista, and the MOU Fund Allocation per project. The parties reaffirm that pursuant to Provision No.5 of the MOU, District reserves the right to borrow from the MOU Fund Allocation in the event the Board of Port Commissioners determines, as a result of an emergency or fiscal crisis, the monies are necessary to fund the repair, operation, maintenance or development of District infrastructures critical or paramount to the operation of the District. Repayment terms on borrowed funds shall be determined on a case-by-case basis by mutual agreement. The parties acknowledge and agree that a portion of the MOU Fund Allocation, required to complete one or more of the Projects identified on Attachment "'" 2 2-7: 4. #83636v1. (specifically South Campus Building Demolition estimated at $7,000,000 ["Demolition Project")) have not yet been fully identified. It is the intent of the parties to support the objectives of the JPA, and to cooperate to meet the obligations under the Relocation Agreement, and in furtherance of those objectives and obligations, the parties hereby agree to accomplish the Demolition Project as a priority, either through the District, public/private partnership, a private developer, or grants or other opportunities, which District will actively endeavor to identify in order to accomplish the Demolition Project. 3. The parties acknowledge and agree that the MOU Fund Allocation per project, shall increase annually in accordance with the Building Cost Index, to the extent that such funds have not been encumbered by a contract in connection with completion of one of the projects identified on Attachment R1," as such may be amended by the parties from time to time. The parties agree to cooperate and exercise best efforts to complete the Tidelands Memorandum of Understanding Projects for Chula Vista (Projects) at or under the Estimated Cost to Complete and on or before the scheduled completion date as indicated in Attachment R1." 5. With respect to any Project, either party may request that the parties negotiate and enter into a project Development Agreement ("DA"). Each DA shall set forth, in detail, the project description, development timeline, District's and City's respective project administration responsibilities, project financing plan, project costs eligible for MOU Fund Allocation funding, and such other agreements and provisions upon which the parties shall mutually agree. Monies allocated to the MOU Fund Allocation shall be utilized to fund Projects subject to the terms and conditions of an approved DA. 6. District and City, respectively, shall be responsible for their own staff time and overhead costs incurred in connection with the implementation of this MOU and the development of any Project funded hereby, such costs shall not be reimbursable out of City MOU Fund Allocation monies. 7. District and City agree to meet and confer annually, generally in the month of January, as part of District's Capital Development Program process to consider possible amendments to the MOU or Attachment R1" including, without limitation: (i) revisions to the Project list; (Ii) reallocation of existing funds (including individual project cost Rsavings" [if any)); (Iii) adjustments to a Project's prioritization or development timelines; andlor (iv) additional funding contributions that may be necessary to implement the Project list. E.-q 3 8. Except as provided elsewhere in the MOU, Mmaterial" modifications to the Projects listed on Attachment "1" and/or any DA pertaining to a Project, shall require prior mutual consent of City and District. A material modification shall refer to a schedule shift of greater than 18 months, or an MOU Fund Allocation increase or decrease, or other shift, of greater than 20% of the original Estimated Cost to Complete. 9. This Amendment No.1 constitutes the parties' entire agreement and understanding with respect to all matters referred to in this Amendment No.1. There are no representations, agreements, understandings or covenants between the parties relating to the subject matter of this Amendment No.1, except as specifically set forth in this Amendment No.1. This Amendment No.1 integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes any and all prior versions or drafts of Amendment No.1 and all discussions and negotiations preceding it. No amendment or modification of this Amendment No.1 shall be effective unless expressly set forth in writing and executed by the parties. Following execution by both parties, this Amendment No.1 shall become effective thirty days after approved by District Board of Port Commissioners and City Council. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By ~~4 Ellen Corey Born Assistant Port Attorney By E. Daniel Strum Director, Real Estate City Attorney By 18383Sv'. THE CITY OF CHULA VISTA By Signature PRINT NAME: PRINT TITLE: .2 -!() 4 COMPLETED CITY MOU PROJECTS Freeway Signs - 1-5 at U Ju Street/Marina Parkway Nature Center Seawater System Police Station - Modular Building Property Acquisition - U JU Street/Bay Boulevard Upgrade Navigation Aids - CV Channel uH" Street Extension (study only) TOTAL: Attachment uAu rp -II ~~ -- $70,467 $100,000 $178,184 $1,540,964 $105,541 $144,340 $2,139,496 TIDELANDS MEMORANDUM OF UNDEAST ANDING PROJECTS FOR CHULA VISTA, FISCAL YEARS 2004 THROUGH 2007 Cost 10 Carnolalll 2004 2005 2008 I 2007 04- 07 TOTAL MOU PROJECTS IN PROGRESS I Rulon Access ChIInneVChula Vlste Merino $ 1 434 660 deleted - funde reallooated 10 other proIecfa) $ Marlna Peo1<wav ReeI1"nrnenl $ 1 653 072 delayed - funde reoIIooated 10 other Proleols $ Chula Vlela Pmnørlv Amulellion $ 492554 ¡Ii 492.554 I Ii 492554 H Strøet Exten~ed..' $ 3129906 $ 139319 deleved - funde reallocated 10 other proleols $ 139319 Marina Po $ 634 492 $ 634 492 $ 634 482 Bevfronl Maeter Plan ICI $ 325 178 $ 325 178 $ 325 178 Bevf""'l Maeter Plan EIRICoaelallCltv Shere $ 225000 $ 225000 225000 Loon 10 Red"""""""'t A"""ov Ii 1715435 1 715435 1715435 South Cern"u. Bulldln" DemollUon S 7 000 000 $ 2.388 539 Ii 2463929 $ 1 451 795 6302263 PORT BFG RELATED OBUGATIONS Are MaIn and SOO&E SarvicJee.Soulh Camous $ 115470 $ 115470 115470 SouIh C-""e _Ialion $ 2.475206 'Ii 100000 $ 7157250 Iii 900 000 $ 708 000 2475260 Oilier Bæ Related ExDsn.... $ $ . $ PORT SHARE - BAYFRONT PLANNING Ii Bevf"",IMs8I8r Plan 'Port Share! ; Ii 325 178 S 325 178 $ 325178 Bevfronl Maeter Plan EJRICoaeIai (Port Shere) $ 225000 $ 225 000 $ 225000 Ii $ $ Total $ 163962715 36037119 $ 385848315 3875.230 S 12,975129 ~ Attachment "'" ~ ~ CIIULA VISTA MOU EXPENDITURES CHULA VlSTAMOU DETAIL THROUGH FEBRUARY 29, 2004 Origlnol R"'ood _ruod Totol Fundo M2!I../!mg ¡]1 I>I2!!.AmmID1 BCI Eooolotion ~ Dloburo~ ~ O~glnol MOU pro ooto CVI003GC Nauticol Activity Contor $ 3,860,000 $ $ $ $ $ CVI00800 No\Urolntorprellve ContorlSoow- Syotom $ 250,000 $ 100,000 $ $ 100,000 $ 100,000 $ CVI201GC Roollgn - ChonnoIIChulo Vlolo Msrfno $ 3,400,000 $ 868,703 $ 872,090 $ 1,840,793 S 386,996 S 1,451,795 CV1010GC MorIno Porkwoy RosIIgnmonl $ 770,000 S 1,551,973 $ 338,331 $ 1,690,304 $ 237,232 S 1.653,072 CV1010GC Morino Porkwoy UtlDtIoI R_Bon $ $ 620,000 $ 21,302 S 641,302 $. 6,620 S 634,462 CVI005OC Chulo VIola Propsrty Acquisition $ '6,000,000 $ 464,735 $ 1,371,602 $ 1,636,537 $ 1,343,863 $ 492,554 CV1002GC "'- SIgne J StlMort"" Parkway $ 160,000 S 70,602 $ (135) $ 70,467 $ 70,467 S CVI007GC' PolIce StoBon-RspI... 0- Trollor' (UPD) $ 220,000 $ 176,184 $ $ 176,164 $ 176,184 $ CVI202GC Upgrodo Novigollon Ald&'Chulo Vlsto Chonnol (UPD) $ 60,000 $ 105,541 $ $ 105,541 $ 105,541 $ CVI388GC "Ii" Slreol E>IIonIlon S11Idy $ $ 144,340 $ $ 144,340 $ 144,340 $ CV21060C Propsrty AcqulsiBon J SlreotlBoy Blvd $ S 1,540,964 $ $ 1,540,964 $ 1,540,964 S .$41,616 boIlU1CtI Ironstorred to cap (' ) Ro100000n Agreomonl Rololod ProIOGto SUbtoto' $14,700,000 $ 5,745,042 $ 2,603,390 $ 6,348,432 $ 4,116,529 $ 4,231,903 ÙlJ CVI7380C'. "'Ii' SIr..1 ExtonsIon CV2O26GC fire MsIn and SOO&E SoM-1I1 Campus POO43 SouIl1 Compuo R_tIon 0- 1'101010<1 E>cpon... SUbiolo' $ POO40 New Boy1ronl Rolotod Prol- . Soull1 C"""",o BuDding Demolition (PIonnIns¡IDosIgn) BayIronI Muter PIon (City Shore) Bayfronl Moator Pion ElRICoostoJ (City Shore) SUbtoto' $ » ..... ..... » 0 :I: S m 2: ..... N MOU Fundo Uood by Port Dlotrlol Boy1ronl Muter PIon (Port Shore) BayIront Moator PIon ElRlCoostoi (Port Shore) City Roqunlod Pro oot Loon to RsdeVelopmont Agency TOlol $ $ $ $ $ $ $ SUbtotal $ $ $ $ 2,856,813 $ 244,760 $ 3,201,673 $ 71,767 S 3,129,906 $ 312,106 $ 164,606 $ 476,714 $ 381,244 $ 115,470 $ 1,661,423 $ 1,030,348 $ 2,691,771 $ 416,565 $ 2,475,206 S 617,061 $ $ 617,061 $ 617,081 $ $ 5,747,525 $ 1,439,714 $ 7,187,239 $ 1,486,657 $ 5,720,562 $ 207,617 $ 5,214 $ 212,631 $ $ 212,6al $ 425,000 $ 10,426 $ 435,426 $ 110,248 $ 325,176 $ 225,000 $ $ 225,000 $ $ 225,000 $ 657,817 $ 15,640 $ 873,257 $ 110,248 $ 763,009 '$ 425,000 $ 10,426 $ 435,426 $ 110,248 $ a25,178 $ 225,000 $ $ 225,000 $ $ 225,000 650,000 $ 10,426 $ 660,426 $ 110,246 $ 550,176 $ $ 1,656,000 $ 57,435 $ 1,715,435. $ $ 1,715,435 $14,700,000 $14,656,184 S 4,126,605 $ 18,784,769 $ &,803,&62 S 12,981,107 TIDELANDS MEMORANDUM OF UNDERSTANDING PROJECTS FOR CHULA VISTA, FISCAL YEARS 2004 THROUGH 2007 "'ft~- Cost to Comollll8 2004 2005 2008 2007 D4-07TOTAL MOU PROJECTS IN PROGRESS Rea"'" - CIJaM8VChull/ VIsta Ma1Ìf8 $ 1 434 650 - . fundo I88I1ocated 10 other 0"""""'\ $ Marina ParI<wav ReoJlonm",1 $ 1 653 072 deleted - fundo reoJlocated 10 other nmlecta $ ChuJo VIa" ProoeI1v AccMaltlon $ 492.554 $ 492554 $ 492554 H Sbeel Extonaton . 10 be deIurrninad"" $ 3129906 $ 139319 deleted. fundo reoJlocated 10 other o""acto $ 139319 MarIna P"- UtlIlIIoo Rolocolion $ 634 482 . S 634 482 $ 634 482 BavImnIMoatarPlan(CltvSharel. $ 325 178 S 325 178 $ 325 178 8aYfmn1 Muter PIon EIFVC<>II8taI CItv Share $ 225 COO $ 225 COO $ 225 COO Loon 10 RedevoIoømenl Agenoy ~ 1,715,435 .1 L...j,II5,435 1 1,715.435 1 $ 6~263 South Comou. Building lIomonaon $ '7 000 000 $ 2.386 539 I S 2483929 $ 1 461 795 J. .1 . PORT BFa RELATED OBUOATIONS 11547õt Î FIre MaIn and SOO&E SOIVicoo-Sou1h Carnouo $ 115470 $ T 1$ 115470 South Carnouo RemedJoUon $ 2475206 $ 100000 I ~ 7ffT.250 $ 900 000 I $ 708 000 $ 2,475.250 plher BFG Related EJaJen... I j 1 $ PORT SHARE - BAYFRONT PLANNING $ ronl Maatar Plan Port Shate $ 325 178 ronl Muter Plan EIRICooataJ (Port Shano) $ 225,000 1 1 3,856,-1 $ $ Totol I 1$ 1,839,8271 $ 3,803,7891 $ 3,875,230 I $ 12,975,129 , !. :Þ -I -I :Þ 0 J: S m Z -I W Allochmont 1 COUNCIL AGENDA STATEMENT Item L Meeting Date..;.11/'~//)if ITEM TITLE: Public Hearing to consider adoption of an urgency ordinance and a new ordinance amending City Ordinance 2617, and a resolution relating to updates in the Salt Creek Sewer Basin Development Impact Fee to pay for sewer facilities within the Salt Creek Sewer Basin SUBMITTED BY: Director of General Services I City Engineer 4- REVIEWED BY: CityManager(i) (4/SthsYote:Yes- No~ It is recommended that this item be continued to August 10, 2004. J:\EngineerlAGENDAlSalt Creek DIF PH-cont'd3.doc COUNCIL AGENDA STATEMENT Item: V Meeting Date: 7/13/04 ITEM TITLE: Resolution amending the Master Fee Schedule to adjust the Parkland Acquisition and Development (pAD) fees for neighborhood and community park requirements. Ordinance of the City Council of the City of Chula Vista amending Chapter 17.10 of the Municipal Code relating to the review and adjustment of PAD fees to pay for parkland acquisition and development. SUBMITTED BY: Director of General services~~. &I¿. REVIEWED BY: City Manager -it' j)~ (4/5ths Vote: Yes l No---> In November 2002, City Council increased the Park Acquisition & Development (pAD) Fees for parkland acquisition and development. Since that time, land values and park construction costs have continued to rise, generating the need to adjust the fees. The proposed increases will ensure that sufficient PAD funds are available for the City to meet park facilities thresholds. A proposed change to the Municipal Code will ensure that the fee is updated annually. RECOMMENDATION: That City Council adopt the resolution, and place a measure to adopt the ordinance on its first reading, to be in full force and effect 30 days after its second reading and adoption. BOARDS AND COMMISSIONS: NIA DISCUSSION: Chapter 17.10 of the Chula Vista Municipal Code details requirements for parkland dedication, park improvements and the collection of in-lieu fees from developers of residential housing projects both east and west of Interstate 805. Commercial and industrial development is not subject to the fee obligation. The Park Acquisition & Development (PAD) fee has two components - a parkland acquisition fee, to be paid in lieu of land dedication, and a parkland development fee to construct the park improvements. The proposed fee adjustment relates to both components. The Master Fee Schedule sets forth the amount of the PAD fees, therefore the Schedule must be amended pursuant to a Council resolution to reflect the new fees. /o-r Page 2, Item~ Meeting Date 7/13/04 Parkland Acquisition In-Lieu Fee The land acquisition portion of the PAD fee is based on the current valuation of potential land to be dedicated for parks. Last updated in 2002, the fee was based on the appraised value of a large planned future park site that was representative of available potential parkland within the City limits. Appraisers placed the value at $412,857 per acre, assuming an underlying land use mix oflow/mediumlhigh residential and neighborhood commercial. The valuation was appropriate for both neighborhood and community parkland and applied to parkland dedication both East and West on-80S. A newly commissioned appraisal report! of 85.3 acres within Otay Ranch Village 4 (Attaclunent 1), presents two value conclusions, or scenarios - each based on a different set of land use assumptions and limiting conditions. The appraiser was directed by the City to estimate the market value "as is" by taking the market value as if complete, or in a finished condition, and subtracting development costs that are typical for master planned communities. This scenario has been mutually agreed upon by development and the City, and assumes an underlying land use of low density residential, rendering the valuation appropriate for both neighborhood and community parkland. Using this land use assumption, the market value of the City's potential parkland increased by 15%, fÌ"om $412,857 to $474,443 per acre, which adjusts the in-lieu fee accordingly: DDs per Park Acre. 95 128 203 222 New Acquisition Cost/Acre $474,443 $474,443 $474,443 $474,443 Current In-Lieu Fee $4,346 $3,225 $2,034 $1,860 Proposed In-Lieu Fee $4,994 $3,707 $2,337 $2,137 The number of dwelling units, by type, that generate a dedication requirement of one acre of parkland, as detailed in the Park Acauisition & Development Fee 2002 Update adopted by Council on November 12, 2002. It is also important to note that: Developments which are planned to have either neighborhood and/or community parks within their projects will receive credit at final map against the park acquisition component of the fee. The park acreage obligation includes the land (footprint) on which major recreation facilities will be sited. I Integra Realty Resources (June, 2003 - addendum). A copy ofthe full report is available in the office of the City Clerk. ID-2 Page 3, Item~ Meeting Date 7/13/04 Parkland Development Fee In the past, separate park development fees have been calculated for neighborhood and community parks for each dwelling unit type. Effective with the November 2002 update, and as per the revised Parks & Recreation Master Plan, the same park development fee now applies to both neighborhood and community park development. The proposed park development schedule over the period 2004-2006 is shown in Attachment 2. The cost for basic development of either community park or neighborhood parkland was last calculated by the Office of Building & Park Construction staff in September 2002 (Attachment 3). The current estimate of $334,679 per acre, provides for: Drainage systems Irrigation systems Street improvements Restrooms and storage Lighted parking lots Play areas (tot lots, etc.) Concrete circulation systems Picnic shelters, tables, benches Security lighting . Utilities Park fixtures (drinking fountains, trash receptacles, bicycle racks, etc.) Landscaping (including disabled accessible surfacing) Outdoor sports venues (tennis courts, baseball/softball/soccer fields, basketball courts, skateboard and rollerblade venues) Excluded are costs associated with construction of major recreation -facilities such as community centers, gymnasiums, and public competitive swimming pools. These are funded as part ofthe Public Facilities DIF's Recreation Facilities component. Based on a 22-month Construction Cost Index (CCI) percentage increase (Attachment 4), as allowed for in Municipal Code Chapter 17.10, a proposed materials and labor adjustment of 7.22% increases the park development cost to $358,843 per acre. The PAD fee for each single family dwelling unit will likewise increase from $3,523 to $3,777. Other adjustments by land use type are listed in the table below. The increase will bring the fees in line with the most current park construction costs. DDs per Park Acre 95 128 203 222 Adjusted Development Cost/Acre $358,843 $358,843 $358,843 $358,843 Current Fee $3,523 $2,615 $1,649 $1,508 Proposed Fee for Park Development $3,777 $2,803 $1,768 $1,616 /0-3 Page 4, Item~ Meeting Date 7/13/04 Annual Fee Adjustment In order to maintain this aligmnent of fees to be paid with current park construction costs through buildout, staff proposes an amendment to Municipal Code Chapter 17.10.11 0 "Periodic review and amendment authorized" (Attachment 5), that will automatically adjust the fee annually, using the Engineering News Record (ENR)'s Construction Cost Index. The annual average changes in labor and materials costs as computed by this index reflect industry standards, and are appropriate for the calculation of the annual PAD fee adjustment. The proposed automatic annual update of the PAD fee is identical to the methodology applied to other development related fees within the City. This mechanism will ensure the collection of sufficient funds to maintain current services levels, while minimizing the expense to the City associated with the preparation of a Master Fee Schedule update. Staff further proposes that the ordinance continue to provide for periodic comprehensive updates, as required to, among other things, reflect land acquisition costs. The fee will continue to be collected at the final map phase of development, except in the case of smaller residential developments that are not required to submit a subdivision map or a parcel map. In the latter situation, the City will collect PAD fees at the time of building permit approval. Developer Discussions For several months, City Staff have had regular meetings with the development community, particularly those developers who have additional property to develop that will be required to pay the updated fee. The nature of those discussions were collaborative with both City Staff and the developers recognizing that the rapidly increasing costs of property and also the increasing costs of actual construction required an update to the fee. There has been no disagreement with the plan to increase the park development component in accordance with the ENR Construction Cost Index. This index is utilized on a number of other development related fees, notably the Transportation Development Impact Fee and the Traffic Signal Fee. The issue of the proposed fee for the land acquisition component generated much more discussion. Much of this discussion revolved around the mechanics of the appraisal process and not on the need to adjust the fee. The fee that is proposed reflects the input received from the three principal developers that are impacted by this action, McMillin, Otay Ranch, and Brookfield Shea. IO-L(- .-, Page 5, Item~ Meeting Date 7/13/04 FISCAL IMPACT: Assuming 2,500 single family dwelling units are subject to assessment of the PAD fee over the course of the next year, this update will result in the collection of $21,927,500 in fees, a net increase of $2,255,000 over the $19,672,000 collectible under the existing structure. Revenues from the PAD fee increase will provide the funds necessary to construct the planned neighborhood and community parks in the Otay Ranch and throughout the City. The revised fee will have only a minimal effect on the funding for parks within projects which have already paid all or most of their PAD fee obligation. If the actual rate of growth is lower than proj ected, fee levels, facility phasing and cash reserves will need to be reevaluated. Attachments: 1. 2. 3. 4. 5. Appraisal Report (addendum) Integra Realty Resources, effective June 3, 2003. Proposed park development schedule, 2004-2006 Prototypical Community and Neighborhood Park Construction Costs ENR Construction Cost Index History Proposed amendment to Municipal Code Chapter 17.10.110 J: IGeneral ServiceslGS Administration ICouncii AgendalP AD Fee UpdateVune 2004 UpdatelAl13 PAD Update 2004 10-5 I~RA .",~ "ro""" Local Expertise...Nationally May 14, 2004 The City of Chura Vista Mr. Jack Griffin - Director of Building and Park Construction 1800 Maxwell Road Chula Vista, California 91911 ATTACHMENT 1 "Village 4" - 85.30% Gross Acres of Vacant Land Located in the southern portion of the Otay Valley Parcel, Northwest of the intersection of La Media Road and Otay Valley Road, Otay Ranch, Chura Vista, California 91913 Integra Realty Resources - San Diego File No. 2003203 - Letter Addendum Dear Mr. Griffin: RE: Pursuant to the request of Mr. Rick Ryals, Real Property Manager, within the Engineering Division of the City of Chula Vista, I am providing this letter addendum to the above mentioned appraisal in consideration changes made to the pennitting fees by the City of Chula Vista. My original appraisal reflects pennitting fees of $25,000, with this addendum reflecting new pennitting fees of $35,000; the increase of fees was based on assumptions from the client. The change ofpennitting fees from $25,000 to $35,000 accordingly changes the value conclusions of the original appraisal. The pmpose of the original appraisal was the following: I) To estimate the market value "as if complete" in a finished condition without fees at pennit or superpad site with perimeter offsites installed of the fee simple interest for the above mentioned property; and 2) To estimate the market value "as is" by taking the "as if complete" in a finished condition without fees at pennit. and subtracting typical development costs. The function of the appraisal is for use by the City ofChula Vista for potential acquisition and/or related financial decisions. As noted in the appraisal, the subject property represents 85.30% acres of raw land located in the southern portion of the Otay Valley Parcel, northwest of the intersection of La Media Road and Otay Valley Road, Otay Ranch, Chula Vista, California 91913. According to the City of Chura Vista and developers in the area, tinùng for the backbone inftastructure and grading of Village 4 was not known at the time of the appraisal. The City of Chula Vista Park and Recreation Department has detennined the need for an 85.30- acre public parle site in Village 4 which is the subject of this appraisal. The underlying land uses for the 85.30 acres was provided by the City of Chula Vista and included two land use scenarios: 1) 85.30 acres of Low Density Residential (2.5 dwelling units per acre); and 2) 61.10 acres of Low Density Residential, 18.80 acres of Low-Medium Village (4.5 dwelling units per acre), and 5.40 acres of Multiple-Use (Neighborhood Connnercial and/or Connnunity Purpose Facility). The City's land use allocations were discussed in more detail in the appraisal and were relied upon in my analysis. 1bis letter addendum incorporates all of the infonnation contained in the original report, and is made a part of this document, in its entirety, and by reference. Further, this letter is not intended to be a self-contained document and is not valid unless used in conjunction with the original appraisal. Further, this letter is also subject to the same Specific and General Assumptions and Limiting Conditions in the original appraisal report. See the addenda for additional reference. Based on consideration of new pennitting fees as detailed by Mr. Rick Ryals, subject to the assumptions and limiting conditions set forth within the original appraisal report, it was my opinion that the subject property has the following value: IRR. 2250 Third Avenue. San Diego. CA 92101 . Phone: 619,744-4040 . Fax: 619-744-4041 . www.irr.com 10 -(:, 85.3OXAcres at Otay Ranch Preparedfor CityofChula Vista Chula Vista California IRR-SD File No. 2003203 Addendum Letter SCENARIO 1 - MARKET VALUE "AS IF COMPLETE" OF THE 85.30 ACRES (Low Density Residential in a Finished Condition without Fees at Permit) $56,450,000 ($661,781 per acre) Date of Value - June 3, 2003 SCENARIO 1- MARKET VALUE "AS IS" (Low Density Residential in "As Is" Condition) $40,470,000 ($474,443 per acre) Date of Value- June 3, 2003 ATTACHMENT 1 SCENARIO 2A - MARKET VALUE "AS IF COMPLETE" (61.10 Acres of Low Residential, 18.80 Acres of Low-Medium Village Residential and 5.40 Acres of Multiple-Use with Neighborhood Commercial in a Finished or Superpad Condition without Fees at Pernút) $59,990,000 (5703,282 per acre) Date of Value- June 3, 2003 SCENARIO 2A - MARKET VALUE "AS IS" (61.10 Acres of Low Residential, 18.80 Acres of Low-Medium Village Residential and 5.40 Acres of Multiple-Use with Neighborhood Commercial Land" As Is") $41,785,000 ($489,859 per acre) Date of Value - June 3, 2003 SCENARIO 2B - MARKET VALUE "AS IF COMPLETE" (61.10 Acres of Low Residential, 18.80 Acres of Low-Medium Village Residential and 5.40 Acres of Multiple-Use with Community Purpose Facility in a Finished or Superpad Condition without Fees at Pernút) $58,225,000 ($682,590 per acre) Date of Value- June 3, 2003 SCENARIO 2B - MARKET VALUE "AS IS" (61.10 Acres of Low Residential, 18.80 Acres of Low-Medium Village Residential and 5.40 Acres of Multiple-Use with Community Purpose Facility Land "As Is") $40,260,000 ($471,981 per acre) Date of Value- June 3, 2003 I appreciate the opportunity of submitting this letter addendum. Please call if I may be of further service. ~r- Lance W. Dore, MAl Certified General Real Estate Appraiser aREA No. AGO02464 - Expires Oct. 1,2004 Tax Identification No.: 33-0573014 ~ ~ """InteflTa RealtvResourc:es- San Die{!o !O~7 CURRENT PUBLIC PARK DEVELOPMENT SCHEDULE '-'1 , % Construction Open to the Park Building Type!s) Bldg. Sq. Complete Public Acreage Fl. 1 Harvest Park (Otay Ranch Villages I & 5) Jun-03 Mar-04 6.8 Restroom Facility 576 2 Sunset View Park (East/ake Greens) Apr-03 Sep-05 10.0 Restroom Facility 642 3 Santa Cora Park (Otay Ranch Village 5) Apr-03 Dec-03 5.7 None N/A 4 Horizon Park (Otay Ranch Village 1 West) Dec-04 Sep-05 5.3 Restroom Facility 642 5 Santa Venetia Park (Otay Ranch Village 6) Dec-04 Sep-05 7.0 Restroom Facility 642 6 Windingwalk (Otay Ranch Village 11) Dec-04 Sep-O5 7.0 Restroom Facility 642 7 Mountain Hawk Park (East/ake Vistas) Aug-05 Oct-05 12.0 Restroom Facility 500 Recreation Complex: 8 Veterans Park (Sunbow) Aug-05 Oct-05 12.0 Small Gym, Adult Annex, Community 15,900 Center 9 MonteValle Park (Rolling Hills Ranch) Aug-05 Jan-06 29.0 Recreation Complex: 21.000 Gym, Adult Annex, Community Center 10 Salt Creek Park (East/ake Trails) Aug-05 Jan-06 24.0 Recreaton Complex: 20,000 Gym, Youth Annex, Community Center 11 Unnamed Community Park (San Miguel Ranch) Oct-05 Jan-06 16.0 Restroom Facilty, Concessions, Softball 1,500 Field Score Booths J;IGeneral ServiceslGSAdminisrralionlCoancii AgendalPAD Fee Upi/aieVane 2004 UpdaielParks Schedule >- >-3 >-3 >- ~ == ~ trj Z >-3 N -.... C:\ , ....') Community Park .::....:...:.. :.:::::'..: ... Prototypical Item Unit of Quantity Description Unit Cost Total Cost Acreage Number Measure Req'd TotalParkAcreage 1.0 LS 6 Softball Field: $283,186.64 $1,699,119.84 12.00 35 Acres (Includes lawn, infield, fencing, plates, benches, bleachers, backstop, concrete walks liqhtinq, irriqation, french drain and fencinQlwalls) 2.0 LS 3 Soccer Field: $290,637.70 $871,913.10 6.30 Includes lawn, goals, irriqation and liohtino) 3.0 LS 2 Tennis Court: $74,340.00 $148,680.00 OAO Includes lighting, benches, fencing and drinking ftn. 4.0 LS 2 Basketball Court: . .1 $70,676.40 $141,352.80 OAO Includes liQhtinQ, benches, fencinQ and drinkinQ ftn.) 5.0 LS 2 Play Area: I $204,600.00 $409,200.00 0.30 (Includes play equipment, sand, rubberized surfacing benches w/shade structure(2) and drinkinQ fountain.) 6.0 SF 1,340 Restroom/Maint. Buildinorream Storage $200.00 $268,000.00 0.03 7.0 EA 25 Picnic Table $1,804.00 $45,100.00 0.14 8.0 SF 9,000 Shade Stucture $32.00 $288,000.00 9.0 EA 75 Bench with concrete pad $1,150.00 $86,250.00 10.0 EA 4 Drinking Fountain with concrete pad and $5,500.00 $22,000.00 drainage system 11.0 EA 105 Trash receptacle/ash urn with concrete pad $642.00 $67,410.00 12.0 EA 8 Bike Rack $950.00 $7,600.00 13.0 EA 4 MonumenVPark identification siQn $15,000.00 $60,000.00 14.0 EA 150 Parking Lot: $2,674.00 $401,100.00 2.50 Space (Includes signage, paving, aisles, striping, driveways, curbinQ. IiQhtino, plantinG & irriQation.) 15.0 EA 35 BBQ $550.00 $19,250.00 16.0 EA 4 Trash Enclosure:(includes walls and trellis) $12,600.00 $50,400.00 17.0 EA 12 Hot Ash Container $725.00 $8,700.00 18.0 EA 73 Security LiQhtinQ $3,000.00 $219,000.00 19.0 LS 1 Utility Connections $210,000.00 $210,000.00 20.0 ACRE 35 Site DrainaQe $14,810.00 $518,350.00 21.0 ACRE 35 Site Fine Gradino $10,500.00 $367.500.00 22.0 LS 1 Walls/Fencing (perimeter and retaininG) $294,000.00 $294,000.00 23.0 SF 45,000 Decomposed Granite Path $4.50 $202,500.00 1.68 24.0 SF 45,000 Miscellaneous Concrete: $6.00 $270,000.00 1.03 1(lncludes paths, walkwavs, plazas, etc.) 25.0 SF 368,082 Landscape PlantinG and IrriGation $2.25 $828,184.50 8A5 09/30/2002 26.0 LS 1 FertiQation System $6,000.00 $6,000.00 > ;..3 ;..3 > n == s::: ~ :z ;..3 ~ Page 1 of2 ....... C:'> I ~ CommunitY Park ,'.,' ProgramElernent$ Prototypical Item Unit of Quantity Description Unit Cost Total Cost Acreage Number Measure Req'd Total Park Acreage 27.0 SF 29,000 Skate Board/Roller Blade Street Park: $25.00 $725,000.00 0.69 35 Acres (Includes concrete flat work, shotcrete transitions, edge plates, pipe coping, steps, gates, entry storage/operations building, fencinglwalls, lighting and drainage) 28.0 LS 1 Community Center with Senior/Teen Annex $0.00 $0.00 0.5 'NOT A PART) 29.0 LS 1 Aquatic Facility 18,000 SF (NOT A PART) $0.00 $0.00 0.5 Subtotal $8,234,610.24 34.92 Item Unit of Quantity Description Unit Cost Total Cost Acreage Number Measure Req'd I LS 1 Mobilization: $247,038.31 $247,038.31 3% of construction costs) ,'" II LS 1 Qesign Fees/Survey $823,461.02 $823,461.02 10% of construction costs) III LS 1 Fees and Permits $164,692.20 $164,692.20 2% of construction costs) IV LS 1 Bonds $82,346.10 $82,346.10 1% of construction costs) V LS 1 Staff Services $494,076.61 $494,076.61 6% of construction costs) VI LS 1 Landscape Maintenance $494,076.61 $494,076.61 6% of construction costs) VII LS 1 Contingencies $823,461.02 $823,461.02 10% of construction costs) VIII ACRE 35 Community Themed DesiQn Element $10,000.00 $350,000.00 Subtotal $3,479,151.89 IGrand Total Constuction Cost I $11,713,762.131 1 1 1 09/30/2002 ICost Per Acre of Park Improvements $334,678.921 Page2of2 > ¡..oJ ¡..oJ > n == ~ t'!'j ~ ¡..oJ c..,¡ è5 \ -- , \l!i!!lihf;$QthQQ!;t,gätk¿,' ., PtQ!ll'än!Ell1ml1!1Ì$ ;', Prototypical Item Unit of Quantity Description Unit Cost Total Cost Acreage Number Measure Req'd . ,f'1i(Ç)¡¡¡I¡eiilßK~~ii!?I.¡¡~7: 1.0 EA 1 Softball Field: $168,186.64 $168,186.64 2.00 7 Acres (Includes lawn, infield, fencing, plates, benches, bleachers, backstop, concrete walks, irriQation, french drain and fencinQ/walls) 2.0 EA 1 Soccer Field: $175,637.70 $175,637.70 2.10 (Includes lawn, coals and irriqation) 3.0 EA 2 Tennis Court: $74,340.00 $148,680.00 OAO Includes lighting, benches, fencing and drinking ftn.) 4.0 EA 2 Basketball Court: $70,676AO $141,352.80 OAO Includes IiQhtinQ, benches, fencinQ and drinkinQ ftn.) 5.0 LS 1 Play Area: $140,944.75 $140,944.75 0.15 (Includes play equipment, sand, rubberized surfacing benches w/shade structure (1) and drinking ftn.) 6.0 SF 1,140 Restroom/Maint. BuildinqlTeam Storace $200.00 $228,000.00 0.03 7.0 EA 7 Picnic Table $1,804.00 $12,628.00 8.0 SF 1,800 Shade Stucture $32.00 $57,600.00 9.0 EA 12 Bench with concrete pad $1,150.00 $13,800.00 10.0 EA 1 Drinking Fountain with concrete pad and $5,500.00 $5,500.00 drainaqe system 11.0 EA 21 Trash receptacle/ash urn with concrete pad $642.00 $13,482.00 12.0 EA 2 Bike Rack $950.00 $1,900.00 13.0 EA 1 Monument and Park identification sian $15,000.00 $15,000.00 14.0 EA 25 Parking Lot: $2,674.00 $66,850.00 0.33 Space (Includes signage, paving, aisles, striping, driveways, curbinQ, liQhtinQ, plantinQ & irriQation) 15.0 EA 7 BBQ $550.00 $3,850.00 16.0 EA 3 Hot Ash Container with concrete pad $725.00 $2,175.00 17.0 EA 1 Trash Enclosure: (includes walls and trellis) $10,000.00 $10,000.00 18.0 EA 10 Security LiQhtinQ $3,000.00 $30,000.00 19.0 LS 1 Utility Connections $35,400.00 $35,400.00 20.0 ACRE 7 Site Drainaqe $14,810.00 $103,670.00 21.0 ACRE 7 Site Fine GradinQ $10,500.00 $73,500.00 22.0 LS 1 Walls/Fencinq (Perimeter and retaininq) $38,500.00 $38.500.00 23.0 SF 12,000 Decomposed Granite Path $4.50 $54,000.00 0.28 24.0 SF 8,800 Miscellaneous Concrete: $6.00 $52,800.00 0.20 Includes paths, walkways, plazas, etc.) 25.0 SF 43,560 Landscape Plantinq and Irriqation $2.25 $98,010.00 1.00 26.0 LS 1 FertiQation System $6,000.00 $6,000.00 09/30/2002 Subtotal: $1,697,466.89 > ~ ~ > n =: ~ t'"1 '2 ~ ~ Page 1 of2 - a I N ~ NéiliJjbømø¡)ilJR;irkiJI ", ."',.....'x' .".,'.... . .....,."", ill .. .' ..... I Prototypical Item Unit of Quantity Description Unit Cost Total Cost Number Measure ~.:r.óJ¡¡IJe¡;¡t~;~!:f.te.iîg!1!11' I EA 1 Mobilization: $50,924.01 $50,924.01 7 Acres 3% of construction costs) II EA 1 Design Fees/Survey $169,746.69 $169,746.69 10% of construction costs) III EA 1 Fees and Permits $33,949.34 $33,949.34 (2% of construction costs) IV EA 1 Bonds $16,974.67 $16,974.67 (1% of construction costs) V EA 1 Staff Services $101,848.01 $101,848.01 (6% of construction costs) VI EA 1 Landscape Maintenance $101,848.01 $101,848.01 6% of construction costs) VII EA 1 Contingencies $169,746.69 $169,746.69 10% of construction costs) Subtotal $645,037.42 ,,' IGrand Total Constuction Cost I $2,342,504.311 I I I 09/30/2002 ICost Per Acre of Park Land I $334,643.471 NOTE: The $36 difference between neighborhood and community park development costs are due to spreadsheet rounding. As such, development costs for both park categories are set at $334,679 per acre. I > >-03 >-03 > n =: ~ tf-j :z >-03 lH Page 2 of 2 McGraw-Hill Construction I ENR - Features -_,~lJ{t!I11"R'Ih_."_.,, McßravLHll CONSrRUCTIIN EIIgll'leerinl News-Record ATTACHMENT 4 ,¡.II Work Centers ...,... . .OurSites ~ ':' NORW1CH UNIVERSITY 'Æ~'; ". , , '," Expect C¡",lIenr:e, ,",chi,v, Di"linäion ....:..." subscriptions I advertise I careers I contact us I my ace _~_mi1"'.. features & covers Buildin9s Business & Labor Education Environment Power & Industriai e-Construction Transportation International Construction Economics ..," ; , ';.:. aIIIIIENR "-- . ---~ 11181"-____- Construction Cost Index tli~~QrY , , .. . , . Construction Cost Index History (1908-2004) HOW ENR BUILDS THE INDEX: 200 hours of common labor at the 20-city average of common labor rates, plus 25 cwt of standard structural steel shapes at the mill price prior to 1996 and the fabricated 20-city price from 1996, plus 1.128 tons of portland cement at the 20-city price, plus 1,088 board-It of 2 x 4 lumber at the 20-city price. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ~~~UAL 1990 4680 4685 4691 469347074732 4734 4752 4774 4771 4787 4777 4732 1991 47774773 4772 47664801 48184854 48924891 48924896 48894835 1992 4888 4884 4927 49464965 4973 4992 5032 5042 5052 5058 5059 4985 19935071 50705106 5167526252605252 5230525552645278 53105210 1994 5336 5371 5381 5405 5405 5408 5409 5424 5437 5437 5439 5439 5408 1995 5443 5444 5435 5432 5433 5432 5484 5506 5491 5511 5519 5524 5471 1996552355325537 55505572 5597 5617 5652568357195740 57445620 1997 57655769 5759 5799 5837 5860 5863 5854 5851 5848 5838 5858 5826 1998 5852 5874 5875 5883 5881 5895 5921 5929 5963 5986 5995 5991 5920 1999600059925986 6008600660396076 6091 61286134 6127 61276059 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ~~~UAL 2000613061606202 6201 623362386225 6233622462596266 62836221 200162816272 6279 6286628863186404 6389639163976410 63906343 2002646264626502 6480651265326605 659216589J65796578 65636538 20036581 66406627 6635664266946695 67336741 6771 6794 67826694 2004682568626957* 7017(ZQ6i2171 09 ./-7. Zz. Base: 1913=100 ANNUAL AVERAGE 1908 97 1931 181 1954 628 1977 2576 1909 91 1932 157 1955 660 1978 2776 1910 96 1933 170 1956 692 1979 3003 1911 93 1934 198 1957 724 1980 3237 1912 91 1935 196 1958 759 1981 3535 1913 100 1936 206 1959 797 1982 3825 http://www.em.com!fealures/conEco/costIndexes/constIndexHistasp /0 -13 Sa' c I 1m [ I ! I I I I . 06/30/2004 City of Chura Vista Municipal Code Chapter 17.10 P ARKLANDS AND PUBLIC FACILITIES 17.10.110 Periodic review and amendment authorized. ATTACHMENT 5 Costs of constructing park facilities, population density, and local conditions change over the years, and. as such. the specified formula§ for the calculation and payment of fees for acquisition and development of park sites as stated in this chapter is sabjeet to shall be periodicillly review~ and amendedmeffi by the city council. The development portion of the fee shall be adjusted. starting on October 1. 2004. and on each October 1st thereafter. based on the one-year change (from Julv to Julv) in the 20 Citv Construction Cost Index. as published monthly in the Engineering News Record. Adjustments to the fees based upon the Construction Cost Index shall be automatic and shall not require further action by the city council. The park development component of the fee. as well as the land acquisition component of the fee. may also be reviewed and amended by city council as necessarv to reflect current market conditions. as well as sound engineering. financing. and planning info=ation. Adjustments to the fees resulting from these discretionarv reviews mav be made by resolution amending the master fee schedule. (Ord. 2886 § 1,2002) /ð-ILf RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY THE CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT (pAD) FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS WHEREAS, the City's Park Acquisition and Development (pAD) fee program (Chapter 17.10) details requirements for parkland dedication, park improvements, and the collection of fees therefor; and WHEREAS, the land acquisition portion of the PAD fee is based on the current valuation of potential land to be dedicated for parks; and WHEREAS, a new appraisal report indicates that the City's potential parkland has increased in value from $412,857 to $474,443 per acre; and WHEREAS, City staff recommends that the land acquisition portion of the PAD fee be correspondingly increased; and WHEREAS, the park development portion of the PAD fee is based on the current costs to construct neighborhood and community parks, and was last updated in November 2002; and WHEREAS, the 22-month Construction Cost Index shows that construction costs have increased 7.22% since that time; and WHEREAS, City staff recommends that the park development portion ofthe PAD fee be adjusted accordingly; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chura Vista does hereby amend the Master Fee Schedule, Chapter XIII, "Parks", increasing the park acquisition in-lieu fee and the park development in-lieu fee as follows: A. PARKLAND ACQUISITION IN-LIEU FEES DWELLING UNIT TYPE TOTAL Single Family to include: $4.994 ~/du attached/detached/detached condos Multi-family to include: attached condosl 3.707 ~/du d up 1 ex eslto wnho m es/tri - p lex esl apartments Mobile Home 2.337 ~/du Hotel and Motel Rooms to include Residential 2.137 -l,&é(ì/du & Transient /{J-!5" B. PARKLAND DEVELOPMENT IN-LIEU FEES DWELLING UNIT TYPE TOTAL Single Family to include: $3.777 ~/du attached/detached/detached condos Multi-family to include: attached condosl 2.803 ~/du d up I ex esl townhomes/tri -p I ex esl ap artrn ents Mobile Home 1.768 -l--;649/du HotellMotel Rooms to include Residential & 1.616 -l,W&/du Transient Presented by Approved as to form by Jack Griffin Director of General Services 0 . ( Ú ~Q)lÆ {~ Ann {/' City Attorney J:\General ServiceslGS AdministrationlCouncii AgendalPAD Fee UpdateVune 2004 UpdatelRes PAD Fee Adjustment_doc /0 -16' ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PAD FEES TO PAY FOR PARKLAND ACQillSITION AND DEVELOPMENT WHEREAS, in 2002 the City previously adopted Ordinance No. 2886, pertaining to the periodic review and amendment of the Park Acquisition and Development (PAD) fee; and WHEREAS, the PAD fee must be adjusted regularly in order to maintain fee aligmnent with the most current park construction costs for labor and materials; and WHEREAS, the annual average changes in labor and materials costs as computed by the Engineering News Record (ENR) Construction Cost Index, reflect industry standards and are appropriate for the calculation of the annual PAD fee adjustment; and WHEREAS, providing for an automatic annual adjustment in Municipal Code Section 17.10.110 "Periodic Review and Amendment Authorized" will ensure that the PAD fee adjustment occurs annually; NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: SECTION I: That Section 17.10.110 ofthe Municipal Code be amended to read as follows: "17.10.110. Periodic review and amendment authorized. Costs of constructing park facilities, population density, and local conditions change over the years; and, as such, the specified formul~ for the calculation and payment of fees for acquisition and development of park sites as stated in this chapter is subjeet teshall be periodicill!y reviewed and amendjLdmeffi by the city council. The development portion of the fee shall be adjusted, starting on October L 2004, and on each October 1 st thereafter, based on the one-year change (from July to July) in the 20 City Construction Cost Index, as published monthly in the Engineering News Record. Adjustments to the fees based upon the Construction Cost Index shall be automatic and shall not require further action by the city council. The park development component of the fee, as well as the land acquisition component of the fee. may also be reviewed and amended by city council as necessary to reflect current market conditions, as well as sound engineering, financing, and planning information. Adjustments to the fees resulting from these discretionary reviews may be made by resolution amending the master fee schedule. (Ord. 2886 § 1,2002) 10-/7 SECTION II: This ordinance shall take effect and be in full force thirty (30) days after its second reading and adoption. Presented by Approved as to form by ~~3- ~CtÞl~ City Attorney Jack Griffin Director of General Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of , 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, CMC, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) / (J -1(: Item: ,¡ Meeting Date: July 13. 2004 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution Approving Modifications to the General Rate Sheet of the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement (Exhibit G), and SUBMITTED BY: Resolution Approving a 2.5% Increase in the Franchise Fee as Applied to the Small Quantity Generator Rate Category of the Solid Waste and Recycling Franchise Agreement Michael Meacham, Director, ~ Conservation and Environmental Servi~ .... "', Lynn France, Conservation Coordinato[p/~ REVIEWED BY: David D. Rowlands, Jr., City Manag~n,,/ J (JrCr 9\ (4/5t~s Vote: Yes_X- No -) Adoption of the proposed resolutions approves modifications to the General Rate Sheet of the Solid Waste Disposal and Recycling Agreement, and approves a 2.5% increase in the franchise fee for Small Quantity Generators. BACKGROUND: The Amended and Restated Solid Waste and Recycling Franchise Agreement (Agreement) with Pacific Waste Services (Pacific) provides for the administrative application of an annual rate adjustment equal to 66.66% of the percentage increase in the San Diego Area Consumer Price Index for All Urban Consumers (CPI) effective July 1 of each year. Prior to the annual rate adjustment Staff conducts an administrative review for compliance to Agreement terms and conditions including but not limited to limitations on CPI increases for Small Quantity Generators (SQG - residents and small businesses with curbside cart service) such as the "Most Favored Nation Rate", and Mean County Average rate review. The Agreement also authorizes Pacific to adjust rates for Large Quantity Generators (LQG), (commercial and industrial businesses with bin, compactor and roll-off box service) by the same factor - 66.66% of the CPI increase, effective July 1, annually. The Agreement also authorizes Pacific to receive a Market Adjustment in the LQG Recycling Rates for Mixed Paper and Green Waste after the State has notified the City that it has achieved the 50% State mandated diversion goal outlined in the California Integrated Waste Management Act of 1989 (AB 939). The Agreement defines this rate adjustment as, an adjustment to the Mixed Paper and Green Waste recycling rates equal to 50% of the difference between Chura Vista's recycling rates and the Mean County Average recycling rates. The remaining 50% adjustment is to be applied the year after the City achieved 50% diversion. The State notified the City in January 2004 that it had reached the 50% goal in 2001. The annual CPI adjustment and the Market Adjustment do not require Council action. Pacific and Staff are also proposing modifications to specific line items within the Rate sheet categories including clarifications that will simplify rates for consumers and /I~I Page 2 of 9 Meeting Date: Julv 13 2004 customer service representatives promoting services, and some rate reductions to line items in the Miscellaneous Service Rates and Industrial Roll-off Rates categories. The proposed modifications are explained below. These rate modifications do require Council action. Attachment A provides a complete list of the General Rates for all services, (Exhibit - G Rate Sheets) for Council's review and approval. Additionally, Staff and Pacific have been working together to establish an opportunity to address the concerns of some mobile home park owners. Staff will invite mobile home park owners to a meeting in the next few weeks to listen to their issues and develop a revision to the Operational Plan that is acceptable to the majority of park owners and tenants. That Plan will be reviewed by Staff and the appropriate stakeholders and finalized administratively as prescribed within the Agreement. Staff will return to Council with a report outlining the solution. Staff is also proposing that a 2.5% increase in the franchise fee be applied to the Small Quantity Generator rate group. The proposed increase is not projected to change the City's relative position to rates in other cities within the County. STAFF RECOMMENDATION: Adopt the resolution approving the modification to the General Rate Sheet of the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement (Exhibit G), and approve a 2.5% increase in the Franchise Fee as applied to the Small Quantity Generator category of the Solid Waste and Recycling Franchise Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: Administrative Review Process: As part of the administrative review process outlined in the Solid Waste and Recycling Franchise Agreement Staff confirmed the Consumer Price Index (Attachment B) and the Mean County Average for curbside or cart service through the SANDAG Countywide Rate Survey (Attachment C). The Bureau of Labor Statistics - San Diego Area Consumer Price Index for All Urban Consumers for the most recent 12-month period (CPI) January 2002 through December 2002 was calculated as follows: 2003 Annual = 205.3 2002 Annual = 197.9 7.4 = movement in the CPI or the difference between the beginning and ending of the twelve month time period. The difference was then divided by the beginning index to establish the percent of change between the beginning and ending of the twelve month time period. 7.4 divided by 197.9 equals 3.74% CPllncrease. IJ-;)- Page 3 of 9 Meeting Date: July 13. 2004 The Agreement authorizes Pacific to receive 66.66% of that change as a rate adjustment subject to a Staff review of compliance with contract terms and conditions. 3.74% times 66.66% equals 2.49% (Applicable CPI adjustment) Staff then compared the Chula Vista rates to the SANDAG countywide semi-annual rate review, to determine if SQG rates remained in compliance with the contract terms and conditions for SQG rate adjustments. By Agreement, the SQG rate shall not exceed ninety percent (90%) of the average for the County of San Diego as published in the SANDAG semi-annual rate review, after subtracting any franchise fees, AB939 fees, household hazardous waste fees, administrative fees and adding back any readily identifiable direct local subsidies. If the Chula Vista SQG rates exceed the 90% threshold, the CPI adjustment is not applied for that fiscal year. A review of the SANDAG rate survey, and staff verification of rates for key jurisdictions indicates that Pacific does not qualify and will not receive a CPI increase for SQG (residents and businesses with cart trash service) rates for this fiscal year. The full documentation is included in the SANDAG Rate Survey, Attachment C. Pacific is authorized by the Agreement to receive a CPI increase on the LQG rates and those rate adjustments are detailed in Attachment A. Staff is proposing that a franchise fee adjustment of 2.5% be added to the Small Quantity Generator Rates for fiscal year 2004-05. That adjustment would generate approximately $150,000 for the general fund and have essentially the same impact to ratepayers in this class that they have experienced for the last five years under the current franchise agreement. The "blended" or averaged increase is $0.37 per household. The estimated adjustment for each of the three SQG rates is listed in the table below. The proposed Franchise Fee adjustment will not change the relative position of the City's average rate as compared to other jurisdictions. The City is expected to continue to have the lowest rate in the County after the fee adjustments and is expected to drop to the lowest overall average rate after other rate adjustments are made throughout the county. The table below identifies and summarizes the estimated 2004-05 rate adjustment impacts for the majority of residences and businesses within the City. Chula Vista Service level Current Rate 2003-2004 After-CPI or FF-Increase 32-gal. Trash cart service $11.50 $11.79 64- Qal. Trash cart service $14.91 $15.28 96-oal. Trash cart service $17.53 $17.97 1, 2-cubic yd. Bin 1X week - trash $59.68 $61.17 1, 3-cubic yd. Bin 1X week - trash $80.93 $82.95 1, 4-cubic yd. Bin 1X week - trash $128.89 $132.10 1, 4-cubic yd. bin 1X week recycle $25.11 $35.01" Roll-off Rate - Open top perm. $134.92 $126.00 Roll-off Rate - Temporarv $147.18 $126.00 Roll-off Rate - Permanent multi- $120.20 $126.00 haul *This represents the first half of the Market Adjustment authorized by the Agreement after the City reaches the 50% recycling diversion mandate. 1;'3 Page 4 019 Meeting Date: JulY 13 2004 50% Diversion Goal: There are two "Market Adjustment," clauses in the Agreement that trigger rate adjustments in the month of July immediately following notification by the California Integrated Waste Management Board (Board) that Chula Vista has achieved the AB 939 50% landfill diversion goal. The Board notified the City in January 2004 that it had achieved 53% landfill diversion for 2001 and projected 54% diversion for 2002. Therefore, Section 7.3.4 Miscellaneous and Section 7.7 Commercial Rates for Green Waste and Mixed Paper Recycling for LQG in the Solid Waste and Recycling Franchise Agreement are activated. Exhibit G - Rates Sheet Proposed Modifications: Staff has also worked with Pacific to develop additional modifications to specific line items on the Rate Sheets to provide clarity, remove unnecessary items, move service line items into more appropriate categories and propose rate reductions and adjustments that better serve customer and generator needs. Items 3,4,5,6,7,9,10,12,13,14 and 15 are modifications that require Council action. The Agreement allows for the modifications to the remaining items be made administratively. The proposed changes are itemized below. Attachment A is a complete list of Rates for the Agreement that includes the proposed adjustments for Council review and approval. 1. Multi-family Bin Service for 6 to 9 units: Multi-family complexes of 9 units or less typically receive SQG - single-family curbside trash, recycling and yard waste service. However the Agreement has always intended that Pacific and Staff have the ability to work with property managers of complexes containing 6 to 9 residential units to have the option of bin service or a combination of bin and cart service. The proposed change provides the City and Pacific with rates that reflect those options for complexes that do not have the space within the complex or at each unit for the trash, recycling and yard waste carts. 2. Reduce LQG Bulky Item Pick-up Rates: Reduce the Bulky Item Pick-up rates for LQG from $25 per item to $3.00 per item to make them consistent with the applicable LQG-Multi-family and Small Quantity Generators (SQG) Bulky Item Pick-up rates. Free Bulky Item Pick-up service for residential customers (single- family and multi-family) has been instrumental in reducing illegal dumping in the streets, alleys and open spaces of Chula Vista. If single-family residents have over 10 items (or multi-family residents have over 5 items per 10 units) there is a nominal fee of $3.00 per item. By reducing the Bulky Item pick up rate for all other LQG's (businesses with bin service) from $25.00 per item to $3.00 per item, Staff hopes to further reduce large item dumping and encourage businesses to take responsibility for the waste that is generated or improperly abandoned at their site. 3. Simplify the Roll-off Hauling Rate Structure: Eliminate the Open Top Permanent $134.92, Open Top Temporary $147.18 and Open Top Multi-haul categories$120.20 and replace them with one rate of $126.00. Pacific has agreed to reduce the multiple rates down to one low rate. This change will also reduce confusion for the consumer and customer service representatives about which rates apply to the type of roll-off service being requested. With Pacific's cooperation, the new rate assures that Chula Vista customers will receive one of if not the lowest rate in the county for this type of service in a franchise area. -- / /:- tj '.~ Page 5 of 9 Meeting Date: Julv 13. 2004 161.58 or haul 126.00 r haul 4. Temporary Bin Extra Pick-up Rate: Requests for this type of service have become more common since the Agreement was first developed. Staff believes it is important to maintain weekly collection of all containers that potentially contain putrescible waste in a residential or commercial area. This change in the rate schedule would establish the same Extra Pick Up Rate for Temporary Bins as the LaG Extra Pick Up Rate for similar bin service, $48.33 (4 cubic yards bins at residences). Residential properties that complete their work in one load, within seven days and call for the bin to be removed would not be subject to this charge. 5. Establish a Temporary Bin and Roll-off Box Rental Rate: Establish a consistent rental fee of $3 per day for Temporary Bins and Roll-off Box Service effective on the 18th day after customers do not request an exchange or collection service. Currently, Roll-off customers are not charged the fee until the 31st day. This adjustment is being made to encourage faster turnover of Roll-Off Boxes and Bins in active residential and commercial areas, allow Pacific and the City the ability to address the growing demand for this service with the most effective capital investment, make the fee more consistent with other franchise areas, and still provide small project managers with sufficient time to complete their projects. This rental charge applies only after the generator has had the Temporary Bin or Roll-off Box on their property for approximately three weekends and has not requested the Box or Bin be emptied or removed. 6. Excessively Overweight Commercial Bins: This rate represents a potential increase for a small sector of the City's commercial waste stream whose trash generation far exceeds the average weight per cubic yard of the average commercial generator. It is important that the rate paid by these customers reflect their unique difference because; 1) weight per cubic yard is a significant factor in the basis for establishing as Iowa rate as possible for the remaining commercial customers in future rate reviews, 2) the rate requires the generator to pay their fair share of actual disposal costs for the LaG rate payer class, and 3) it provides an incentive for the generator to meet the state mandate to recycle which is based on the City's total annual trash weight. This change would add the methodology for calculating rates on excessively overweight LaG bins that more closely reflects actual disposal costs. This process will be carefully monitored by Staff and will be applied only upon City verification and final approval. To apply the overweight bin pricing the following must occur: a. Pacific Waste must conduct multiple weight surveys of the account and provide the City a report itemizing the weights of the bin before and after each collection, for a period of one month, to accurately determine the average weight of trash collected per cubic yard at the account. This information will be shared with the generator and the City in an effort to first, develop a bin size, frequercy.of service or recycling solution. If no I1-S Page 6 of 9 Meeting Date: Julv 13. 2004 other service arrangements can be agreed to then, upon obtaining City direction and approval, the generator will be charged appropriately for the actual weight of the trash generated in the future. The customer can request a new weight survey quarterly and the rates will be adjusted up or down based on the outcome of the survey. The following formula will be applied to calculate the rate: Divide the Actual Weight per cubic yard the account is generating by the City wide average weight per cubic yard (currently 110 pounds per cubic yard). Example: Service Level: 1, 3-yard bin serviced 3 times per week (Current Rate $249.95). 1. The Actual Weight of 250 Ibs per cubic yard divided by the City wide average weight per cubic yard. 250Ibs/110Ibs=2.27 2. Then to account for additional disposal costs, at maximum multiply the ratio (2.27) times the current rate ($249.95) to calculate the new overweight rate -- 2.27 X $249.95 = $567.39 7. Recycling Call Back Rate: Established an extra pick up / call back rate of $10.00 for recycling bins of LOG, upon customer's request. It has been requested by some LaG's that Pacific empty their recycling container and then "call back" later on the same day because the customer has generated more material then the container could hold, due to one-time events such as file purging. This will provide the mechanism to offer this service upon customer request. It should be noted that Multi-family LOG customers and hospitality customers such as restaurants can receive additional recycling carts at no charge and other customers can request additional carts for $5.36 per month per cart. 8. Electronic Waste: Add a $5 pick-up fee for computer monitors and televisions to the Rate Sheets. CRTs and televisions have been classified as household hazardous waste due to lead content, and subsequently were banned from landfill disposal by the State. To maximize customer convenience and the diversion of these hazardous items from landfills the City has directed Pacific to continue to provide curbside collection of these items with the bulky item collection service. However, as a household hazardous item they now require special handling and recycling or disposal which costs approximately $20 per item depending on size and weight. The proposed service charge has been requested to cover the special handling required for these items. The $5 charge has been applied for the past year as a part of the "up to $10 Special Handling Fee." This change clarifies and limits that charge. Staff uses funds from the solid waste AS 939 surcharge and grants to cover the $20 or more in recycling and disposal costs per item associated with these products. 9. Recycling Rate Matrix: Add the proposed LOG Recycling Rate Matrix to the Rate Sheets. Recycling service volumes and frequencies have increased since /l-fp Page 7 of 9 Meeting Date: Julv 13 2004 the initial implementation of the mixed paper and green waste recycling programs for LaGs. Consumers have requested service levels that were not contemplated under the previous rate structure. Therefore a Recycling Rate Matrix of service based upon bin sizes and multiple frequencies has been added to the Rate Sheets. The Matrix incorporates the Market Adjustments described earlier in this report. 10. Remove SQG Commercial Rates: Staff proposes to eliminate the Commercial SaG rates for two and three time per week service. Pacific reports that no customers are using or requesting this level of service. All SaG collection currently occurs on the same service day as the surrounding residential neighborhood. That is more efficient for Pacific, reduces truck miles and therefore reduces road and air quality impacts to the City and its residents. The conversion to volume based trash rates, reduced recycling costs and reduced costs for an extra trash container have also provided small businesses with a substantial financial incentive to add recycling or trash containers on their same day service rate. If a commercial business requires more service, the business may request additional carts or convert to standard commercial bin service. 11. Restricted Access Fee: Establish a Restricted Access fee for difficult to service accounts under the Special Handling Fee category of Miscellaneous rates, to be approved in advance by City Staff. Staff has used the "up to $10 Special Handling Fee," to assess this fee in the past. Approximately 30 customers or less than 1/1 oooth of the total customer base is affected by this rate. This item clarifies and limits this cost to applicable ratepayers. 12. Vertical Compactor Rate Formula: Add the vertical compactor formula to the LOG Rate Sheets. On February 10, 2004 Staff reported to Council the issues and actions taken regarding vertical compactors and other compactors that require service by front-load trash collection vehicles. Staff worked with the effected customers and made administrative changes to how the existing commercial rate structure is applied to the generators that have chosen, at their sole discretion, to use this type of equipment. The existing customers accepted these changes and they were implemented in February. The proposed adjustment incorporates that procedure into the new Rate Sheets. To identify the appropriate rate for each vertical compactor on the existing "Commercial Trash Rate Table": 1. Select the compactor bin size that corresponds with the bin size on the rate table (See Attachment A - Exhibit G Rate Sheets - Commercial Trash Rate Table'? 2. The compaction ratio becomes the number of bins serviced. 3. Select the 'Weekly Lifts" or service frequency chosen by the generator. . 4. The commercial trash rate table identifies the applicable "Basic Service" rate for that level of service. 5. 16% of that rate will be accrued as a recycling surcharge and support commercial recycling programs. The City will instruct Pacific Waste Services (Pacific) to reduce the rate by all or a portion of that 11-1 Page 8 of 9 Meeting Date: July 13. 2004 surcharge when the generator demonstrates to City Staff that they are successfully diverting all Designated Recyclables and meeting or exceeding the state mandated diversion rate. To calculate the cost for each additional extra pick up requested by a generator, Pacific will apply the formula above using the extra pick up service fee established in the rate table for the corresponding bin size. 13. Special Event Equipment: Add Special Event Equipment pricing to the Miscellaneous Equipment and Service Rates category. These service Rates are for carts, boxes, bins and roll-off boxes for Special Events (Le. Lemon Festival, Bonitafest) and include prep, delivery, pick-up, disposal/recycling and washout. Event coordinators are required to develop and implement litter reduction and recycling plans for each event. They are not required to use Pacific Waste Services for recycling, they may alternately choose to use volunteers, not-for- profit agencies or employee temporary labor. These rates establish costs for those customers that choose to use Pacific. 14. LQG Service DelaylWait Time: Add a Delay-Wait Time hourly charge to the Rate Sheets. This service has been requested by some LaG for special circumstances only and will be applied only upon request of the customer for the driver to wait for access or more material to be brought to the bin. Pacific currently waits and/or returns at no charge when a customer occasionally request that they wait for a few minutes because of an issue outside their control, such as a customer or delivery person is blocking recycling and trash access. Pacific will continue to provide that flexibility however, there are circumstances where the customer needs Pacific to wait longer and requires immediate service. This adjustment will provide a rate structure for that service when requested by the customer. 15. Delete Services Not Covered By Franchise Agreement: Eliminate the Storage Box Rates and LA-Val Locks from the Rate Sheets. These services are not part of the Franchise Agreement. . Mobile Home Park Service: A few mobile home park operators have expressed a concem regarding the current methods of solid waste, recycling and yard waste service for their facilities with "coach-to-coach," service. Staff has met with Pacific and discussed the possibility of providing alternative service for those mobile home parks currently on coach-to-coach service. Staff has also discussed with Pacific, areas of potentially savings that could be applied to the City's effort to provide this service at no additional cost to ratepayers or mobile home park operators. Staff has invited mobile home park operators to a meeting to listen to their issues. Staff will work with Pacific to develop a program and budget that addresses their issues and that would be acceptable to the majority if not all mobile home park operators and their respective residents. Staff plans to have an altemative service Operational Plan developed and reviewed by stakeholders by this fall and will report the results to Council at that time. The discretionary rate adjustments before Council include rate reductions in large customer groups such as Roll-off service andJ~te increases for small customer groups II-? Page90f9 Meeting Date: July 13 2004 such as temporary bin service. These items are projected to produce a small reduction in the amount of Franchise and AB 939 Fees generated by the City for that class of customer, but not a net decrease in revenues. The Market Adjustment and CPI Adjustment for LQG is not discretionary and is administratively applied as part of the Agreement. The additional Franchise Fee revenue from these rate increases will offset most if not all the reduction in revenues from the rate reductions proposed in this resolution. Revenues will also continue to grow slowly as Pacific provides more recycling and solid waste services to more residents and businesses within the City. Finally, the proposed 2.5% Franchise Fee increase on SaGs would produce an estimated $150,000 in new revenues for City services. FISCAL IMPACT: The proposed changes to the General Rates for solid waste and recycling are projected to be revenue neutral. The proposed 2.5% Franchise Fee increase is expected to generate approximately $150,000 in additional revenue for the 2004/05 fiscal year. Attachment A - Attachment B - Exhibit G - Proposed Rate Sheets for the franchise Agreement US Bureau of Labor Statistics - San Diego Consumer Price Index for all Urban Consumers SANDAG Countywide Rate Survey Attachment C - '.~ //~1 CHULA VISTA FRANCHISE - 2004 RATE SCHEDULE SERVICE DESCRIPTION, RATES EFFECTIVE-JULY 1,2004 2003 RATES 2004 RATE INCREASE 2004 RATES CPI = 2.49% (66.66% OF 3.74%) LQGIIND -CPI 1."% +'%K+1.5%..", WRh 8% FF and 2.5% AB939 SQG-N,CPI+X%KHS%."" AUTOMATION SERVICE Oth.. AUTOMATION SERVICE Oth.. AUTOMATION SERVICE Oth.. 32 Gal 64 Gal 96 Gal Smke 32GaI 64GaI 96 Gal Semce 32 Gal 64 Gal 96GaI Semce A, SMALL OUANTITY GENERATOR: R..ldentlal - single nnR 11.50 14.91 17.53 NO CPI Adjnstmentfo, SQG R.t.. 11.501 14.911 17.53 Additional cm 5.23 5.23 T,~h Exempt 2.70 2.70 Minlmnm Semce Ch~ge 11.50 11.50 Ex'" t..sh sot ont I 32 gal "'1nlValent 3.08 3.08 PrepaId ext.. 32 gal - hag somc.. 1.54 1.54 Residenti.1 . Senio, (On pm"mm bofore 12131/01) 8.11 NA NA 8.11 NA NA Residential - Mnltl.f~"y np to 9 nnlts 11.50 14.91 17.53 [\.50 14.91 17.53 Mob"e Home P~ks . coach to coach 11.50 14.91 17.53 11.50 14.91 17.53 Comme,dallIndnstrial SQG One time weekly = residenti.l"",,;ce d.y f.. the are. 11.50 14.91 17.53 [\.50 14.91 17.53 Additional cw 5.23 5.23 B. LARGE OUANTITY GENERATORS: ( SEE A TT ACHED SCHEDULES FOR DErAILED PRICING MATRIX BY BIN SIZES AND SERVICE LEVELS) I X 2YD X IIWK BASIC SERVICE 59.68 1.49 61.17 I X 2YD X [IWK EXPANDED SERVICE 70.97 1.77 72.74 I X 3YD X IIWK BASIC SERVICE 80.93 2.02 82.95 I X3YDX I/wKEXPANDED SERVICE 93.22 2.32 95.54 I X 4YD X [IWK BASIC SERVICE 128.89 3.21 132.10 I X 4YDX IIWKEXPANDED SERVICE 145.46 3.62 149.08 I X SYDX I/WKBASIC SERVICE 161.11 4.01 165.12 I X SYD X IIWK EXPANDED SERVICE 181.84 4.53 186.37 IX 6YDX IIWKBASIC SERVICE 193.33 4.81 198.14 I X 6YD X IIWK EXPANDED SERVICE 218.20 5,43 223.63 Not" "Exp..""'onko" ........ œo","" p..h ,ut 10.=" ,m r.... E,". pkk np ch~ge . bin semce 47.16 1.17 48.33 ~ ........ I ~ PWS Lyon 2004 NewRa... effective 071404nff-fina[ EXHIBIT G EXHIBIT G - PAGE I CIDJLA VISTA FRANCmSE - 2004 RATE SCHEDULE SERVICE DESCRIPrION , 2003 RATES AUTOMATION SERVICE 32 Gal 64 Gal 96 Gal B. LARGE QUANTITY GENERATORS: (continued) GREEN WASTE RECYCLING I X I!WEEK I X 2/WEEK [ X I/BI-WEEKL Y COMMERCIAL RECYCLING np In 8 yanl of "m" NON-HOSPITALITY (UP TO 4-96GAL CARTS) I X I!WEEK I X 1/BI-WEEKLY R.,identlal Mnlti.famlly bin semce f.. 6 tn 9 nni" (with CIty apptovol) Tmh "te. - oenun=;01 ",.-vi" "' needed, P'" eomrn=I'¡ ""nbin... "te "bednle, Reoydlng only - d"'ge p... urut (In add;tion to the "a""'te) R"ydlng and Greenw",le - ch"ge p... unit (in addition to the """"te) I Ov., weIght BIns. Upon approval by the City, , Deleoniru> th",tlo ofpoun'" p... cubIc y"d ov... the 110 poun'" "...age p" cubic y.ro. 2, lùtio "bblislt" the numb., ofbim 10 "" when ..lcuJ.tIug the ch"E'. Vertkal compact.. "m" mle calenlalion - I , Sel..t the oempocto,bim size thaI """"'pond, with the bin size on the"te bble, 2. The compoctlon"tlonofthecompoc,"cbeoeffi" the nombe,- ofbim 'eM..d (Example 410 I = 4 blm) 3, Scl"l the "Weekly Ufu".. 'eMee ftequency ch",en by the gene","" 4. The conun=ial "'sit "Ie bble Identifies the appli..ble 'Haoic SeM.." "Ie f.. thaI level of ,eM.., c. INDlLSTRIAL GENERATORS ~ Compact.. RolI.olT C.O.D. HAUL + DELIVERY + 7 TON DISPOSAL $126.00+ $31.42 + $284.62 ~ $442.04 (H>ill_e+DeJi"",Ch_+7To",,"po"¡) Any1hingoc~7_"_edot=rnt"'po"¡mtep"roo . DISPOSAL PER TON (Indnd" F,anch;" Fee & AB939 Tn) AllreoyclIDgmoterial!"oce_re" "ep=edtlooughto thegrnmto', Any_"¡,h_d"", '"""""'"'ti"nwill be p""edthrough to thegeoerntw Areb.teor50%orthem"""tctloenrin",p,"",_"""off~edrwdem""),,hnglo,," PWS Lyun 2004 Nowlùtcs eff"tlve 0?1404nff-fmal EXIDBIT G RATES EFFECrIVE . JULY I, 2004 2004 RATE INCREASE 2004 RATES CPI =2.49% (66.66% OF 3.74%) LQGlIND-CPI1."%+8%K+1.5%a"J9 Wõlh 8% FF and 2.5% AB939 SQG-NoCPI+8%K+1.5%ab", OIh., AUTOMATIONSERVICE OIh., AUTOMATION SERVICE Sem" 32 Gal 64 Gal 96 Gal Semce 32 Gal 64 Gal 96 Gal 190.11 51.73 93.46 27.87 1.29 2.33 0.69 18.08 15.07 0.45 0.38 1.65 2.70 0.04 0.07 126.00 INew Rate therefoce no CPlf.. 2004 4.73 455.53 lcedu..d "te 39.67 0.99 EXHIBITG - PAGE 2 OIhe< Seni" 53.02 95.79 28.56 35.01 18.53 15.45 1.69 2.77 ....... ....... \ - ...... 194.84 126,00 442.04 40.66 CHULA VISTA FRANCIllSE - 2004 RATE SCHEDULE SERVICE DESCRIPrION , 2003 RATES AUTOMATION SERVICE 32 Gal 64 Gal 96 G" D. MISCELLANEOUS EQUIPMENT AND SERVICE RATES: LARGE QUANTITY GENERATOR: Lock on cart, Ibl", Cont"ne, exch"'ge afte, complemeotary annn" excb"'ge (30 daY' notke ..qn.,ted, not ..qn'red) I Delay walt time/Spec'" Se",;ee (npon cu,tom.. ..qn..t) p.. 1/2 bon, Replacement 3 yd bIn cuntaln.. dne 10 repeated c",tom.. abn,e I (oxln chMg.. may apply f.. p=nalizod ,muin," p"",baae npon City appmval), Bnlky Item Pkk np 1/2 Hon"y Rat, I Bnlky Item Pkk np Comme.-claVIndu,tri" - if called In 48 boun In advance of ,mice day f.. the SQG mute m that ""a.It""" ov," 60 lb,. m",t he prepared fo, ,afe bandling with a band truck. If no~ maybe "bjoet to a 1/2 houdy 'eMce. "te Collectim m any day oth,"!ban SQG mnte day f..the area i,cba'ge 1/2 bomly"te. I Bnlkyltem PIckup f..Multi-family (LQG) - 5 Items Co, 10 unit, ~ f~ ifc"led in 48 houn in adv",ce of SQG mute day f.. the ""a.Items ov'" 60 Ib,. m",t be prep""d f.. oafe bandlmg with a band truck. Ifno~ maybe ,nbjed to a 1/2 bom!y"te 'eM,e fee.Colle,tim on any day oth" than SQG mnte day f.. the area i. ,tiMge p'" 1/2 hondy "te. Additi~1 it~ w'" the 5 pe"Onni" -E"hitem I Ext" p;elmp .. c"l back on ..cycling "",;em (pe' ,top not p" cunt"n..) I PWS Lynn 2004 New R.te, effective 071404 n ff- [mal EXHIBIT G RATESEFFECrIVE-JULY " 2004 2004 RATE INCREASE 2004 RATES CPI = 2.49% (66.66% OF 3.74%) LQGJIND=CPI~"%+8%ft+'-'%"'" Wolh 8% FF ",d 2.5% AB939 sQG=NoCPt+8%ft+'.5%"'" OIh.. ADTOMATION SERVICE OIb.. AUTOMATION SERVICE Sm;ee 32 G" 64 Gal 96 Gal Senice 32 G" 64 G" 96 G" 602.70 5.02 49.72 45.00 25.00 3.00 NOCPI 3.00 NOCPI 3.00 NOCPI 10.00 NOCPI EXHIBIT G - PAGE 3 0.12 1.24 1.12 15,01 0.62 OIh.. Senice 5.14 SO.96 46.12 617.71 3.00 ~ ¡ ~ 3.00 3.00 10.00 RATES EFFECTIVE-JULY 1,2004 2004 RATE INCREASE 2004 RATES CPI ~2.49% (66.66% OF 3.74%) LQGllND:cpn"%+8%ffnS%,.", With 8% FF ODd 2.5% AB939 SQG: No CPI+ 8%ff+ 2.5%0"" AUTOMATION SERVICE Oth" AUTOMATION SERVICE Oth" AUTOMATION SERVICE 32 Gal 64 Gol 96 Gol S",;eo 32 Gol 64 Gol 96 Gal Semeo 32 Gol 64 Gal 96 Gol MISCELLANEOUS EQUIPMENT AND SERVICE RATES: (Continued) I CHULA VISTA FRANCHISE - 2004 RATE SCHEDULE SERVICE DESCRIPTION, 2003 RATES D. Small Quantity Generators: Replaeoment cart eh""e (32, 64, 0' 96 gol cart) due to "'p..ted custom" ahuso I Bulky Item Pkk Hourly somee ..te, 1'" 1/2 ho.. f.. non-sohadulad somee np to 5 ;tem,. p" Item charge ov" 5 Items I Temponuy 3 yd coot~n" at "",idontlol onlt (Includos I dump ODd 17 day lImit) Additlunald""'l" -sameasLQG--apiekup"te I G",on W",te Cart Rontol (I, 64 gol 0,96 gal. Cart- mlu. 6 mth. Rental poriod) Spedol Hondllng Chmgos I Call Baoks I Non ",heduled - eostoma ~q~ted Customa Requested SpacIal S"",loa np to $10.00 max. - I,e."'" cI..ning Rostrieted Ac"" City Non-Cnmpli=e Fco (City Staffhnpo"d) ($3, $5. $10.00 as appmpriate foc the ,ituation) Tele,;,ions ODd Comput" Mon;ton e..h,ide pklmp Additional d""'l" - same as LQG --a pick up ,ate SQGBnlkyItem Picknp f,co "eollad in 48 houn In advoneo ofsomee day f..np to 10 Item,. Pa Item chargefo,"vathe 10 items. Items ova 60 Ih" must he""'Imed roc ,ale handlIng with a hand tmc"- !fooL =yhe ,object to a Il2hou.-ly ,"""" ree.Collectlon ou any day otl=than standmd ""';'" day " mhject to a Il2hou.-ly ,"""""tefo,thefi"tl-'ve it""". Temp..ary BIn Rentol eha'g" begin at 18 days. I PWS Lyon 2004 NewRatea effective 071404nff- f'malEXHIBIT G FREE 3.00 75.34 25.00 l25.56 47.16 1.00 NOCPI 10,00 10.00 10.00 10.00 10.00 5.00 NOCPI NOCPI NOCPI NOCPI NOCPI NOCPI NOCPI 3.00 NOCPI EXHIBITG - PAGE 4 L88 0.62 3.13 1.17 Oth" Semee 77.22 25.62 128.69 48.33 10.00 10.00 10.00 10.00 10.00 5.00 ~ ¡ ~ 3.00 3.00 SERVICE DESCRIPTION, CHULA VISTA FRANCHISE - 2004 RATE SCHEDULE 2003 RATES AUTOMATION SERVICE 32 Gol 64 Gal 96 Gal RATES EFFECTIVE-JULY 1,2004 2004 RATE INCREASE 2004 RATES CPI : 2.49% (66.66% OF 3.74%) LQGllND-CPI,-,,%+8%ff+2.5%,.'" With 8% FF and 2.5% AB939 SQG-N.CPI+8%ff+2.5%,.'" Othe, ¡AUTOMATION SERVICE Othe, AUTOMATION SERVICE Semco 32 Gol 64 Gol 96 Gal Semce 32 Gol 64 Gol 96 Gol D. MISCELLANEOUS EQUIPMENT AND SERVICE RATES: (Continued) INDUSTRIAL: Bnlky Item Honrly Se...ke Rate - pff 112 hou, Compactn' Cont,.;ne, W~h Dnt Relooatlon ofthe ContaIn.. D", Run Ch..ge - 50% ofthe Haul Rate Roll-oITDelive", Ch..ge (Inltlol dellve", only, ,uh..quent eICh~g" do not get cha'ged) Roll-olT ContaIn.. D,.;ly Rentol Ch....e (Aft.. [7 da,..) I Bulky Item Pkk np CommmiallIndu,triol - If coiled in 48 hou", In advme of ..mco day'" 1he SQGroute in that=a.Iœm. ov..60 Ib,. m~tbc ¡=p=d fo"afe handlingwi1h a band truok. Jfno~ =ybe'nbjeot to $25 pffhiliho'" "",oe fee. Colleotion on any day o1ha than SQG mute day f.. 1he aKa i, elmged Bulky Item Ho",'y S=icc nte pa [/2 ho",. Same Day Semce Reque<t until 3,00 pm So,cia. Events: T""h Bin, caoh R"ycling Bin, eDOh 96 oc64 gallon cart R"ycling Red Box PWS Lynn 2004 New Rale< eff"tive 07L404 nff-final EXHIBIT G 25.00 0.62 75.34 1.88 75.34 1.88 64.00 1.59 30.66 0.76 3.00 NOCPI 3.00 NOCPI 49.05 NOCPI 125.00 80.00 10.00 5.00 NDCPI NDCPI NOCPI NDCPI EXHIBIT G - PAGE 5 Oth.. Semce 25.62 77.22 77.22 65,59 31.42 '::t- ""- I ~ 3.00 3.00 49.05 125.00 80.00 10.00 5.00 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1,2004 EXHIBIT G 2YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 1 1 9 EXPANDED SERV 1 1 9 BASIC SERVICE 1 2 17 EXPANDED SERV I 2 17 BASIC SERVICE 1 3 26 EXPANDED SERV I 3 26 BASIC SERVICE 1 4 35 EXPANDED SERV 1 4 35 BASIC SERVICE 1 5 43 EXPANDED SERV I 5 43 BASIC SERVICE 1 6 52 EXPANDED SERV 1 6 52 BASIC SERVICE 1 7 61 EXPANDED SERV 1 7 61 BASIC SERVICE 2 1 17 EXPANDED SERV 2 I 17 BASIC SERVICE 2 2 35 EXPANDED SERV 2 2 35 BASIC SERVICE 2 3 52 EXPANDED SERV 2 3 52 BASIC SERVICE 2 4 69 EXPANDED SERV 2 4 69 BASIC SERVICE 2 5 87 EXPANDED SERV 2 5 87 BASIC SERVICE 2 6 104 EXPANDED SERV 2 6 104 BASIC SERVICE 2 7 121 EXPANDED SERV 2 7 121 BASIC SERVICE 3 I 26 EXPANDED SERV 3 1 26 BASIC SERVICE 3 2 52 EXPANDED SERV 3 2 52 BASIC SERVICE 3 3 78 EXPANDED SERV 3 3 78 BASIC SERVICE 3 4 104 EXPANDED SERV 3 4 104 BASIC SERVICE 3 5 130 EXPANDED SERV 3 5 130 BASIC SERVICE 3 6 156 EXPANDED SERV 3 6 156 BASIC SERVICE 3 7 182 EXPANDED SERV 3 7 182 2003 RATE AS OF 07/01/2003 59.68 70.97 150.95 171.16 214.05 244.30 282.64 319.83 348.90 395.52 417.57 477.57 492.87 555.66 158.21 182.76 295.95 323.63 407.62 451.87 532.93 587.88 666.36 719.27 808.47 873.05 950.58 1,019.77 230.66 268.52 416.57 465.49 587.25 696.25 782.00 845.50 976.46 1,043.55 1,199.39 1,228.18 1,436.42 1,471.93 2004 RATE INCREASE CPI = 2.49% FF = 8% AB939 = 2.5% 1.49 1.77 3.76 4.26 5.33 6.08 7.04 7.96 8.69 9.85 10.40 11.89 12.27 13.84 3.94 4.55 7.37 8.06 10.15 11.25 13.27 14.64 16.59 17.91 20.13 21.74 23.67 25.39 5.74 6.69 10.37 11.59 14.62 17.34 19.47 21.05 24.31 25.98 29.86 30.58 35.77 36.65 EXHIBIT G - PAGE 6 //-/5' 2004RATES WITH CPI=2.49% FF=8% AB939 ~ 2.5% 61.17 72.74 154.71 175.42 219.38 250.38 289.68 327.79 357.59 405.37 427.97 489.46 505.14 569.50 162.15 187.31 303.32 331.69 417.77 463.12 546.20 602.52 682.95 737.18 828.60 894.79 974.25 1,045.16 236.40 275.21 426.94 477.08 601.87 713.59 801.47 866.55 1,000.77 1,069.53 1,229.25 1,258.76 1,472.19 1,508.58 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1,2004 EXHIBIT G 2YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pnshont in excess of 25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 4 I 35 EXPANDED SERV 4 I 35 BASIC SERVICE 4 2 69 EXPANDED SERV 4 2 69 BASIC SERVICE 4 3 104 EXPANDED SERV 4 4 104 EXPANDED SERV 4 4 139 BASIC SERVICE 4 5 173 EXPANDED SERV 4 5 173 BASIC SERVICE 4 6 208 EXPANDED SERV 4 6 208 BASIC SERVICE 4 7 242 EXPANDED SERV 4 7 242 BASIC SERVICE 5 I 43 EXPANDED SERV 5 I 43 BASIC SERVICE 5 2 87 EXPANDED SERV 5 2 87 BASIC SERVICE 5 3 130 EXPANDED SERV 5 3 130 BASIC SERVICE 5 4 173 EXPANDED SERV 5 4 173 BASIC SERVICE 5 5 217 EXPANDED SERV 5 5 217 BASIC SERVICE 5 6 260 EXPANDED SERV 5 6 260 BASIC SERVICE 5 7 303 EXPANDED SERV 5 7 303 BASIC SERVICE 6 I 52 EXPANDED SERV 6 1 52 BASIC SERVICE 6 2 104 EXPANDED SERV 6 2 104 BASIC SERVICE 6 3 156 EXPANDED SERV 6 3 156 BASIC SERVICE 6 4 208 EXPANDED SERV 6 4 208 BASIC SERVICE 6 5 260 EXPANDED SERV 6 5 260 BASIC SERVICE 6 6 312 EXPANDED SERV 6 6 312 BASIC SERVICE 6 7 364 EXPANDED SERV 6 7 364 2003 RATE AS OF 07/0112003 303.70 351.94 534.73 596.83 774.85 851.52 1,093.69 1,330.58 1,348.53 1,611.51 1,675.92 1,892.15 1,956.49 373.95 432.49 678.76 736.32 988.80 999.01 1,307.98 1,343.94 1,619.78 1,744.56 1,936.93 2,105.91 2,305.66 2,341.98 444.06 513.72 812.01 865.67 1,174.54 1,228.û1 1,531.88 1,615.51 1,892.81 2,046.04 2,269.59 2,509.79 2,667.52 2,916.81 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 7.56 8.76 13.31 14.86 19.29 21.20 27.23 33.13 33.58 40.13 41.73 47.11 48.72 9.31 10.77 16.90 18.33 24.62 24.88 32.57 33.46 40.33 43.44 48.23 52.44 57.41 58.32 11.06 12.79 20.22 21.56 29.25 30.58 38.14 40.23 47.13 50.95 56.51 62.49 66.42 72.63 EXHIBIT G - PAGE 7 //-/&, 2004RATES WITH CPI = 2.49% FF=8% AB939 ~ 2.5% 311.26 360.70 548.04 611.69 794.14 872.72 1,120.92 1,363.71 1,382.1 I 1,651.64 1,717.65 1,939.26 2,005.21 383.26 443.26 695.66 754.65 1,013.42 1,023.89 1,340.55 1,377.40 1,660.11 1,788.00 1,985.16 2,158.35 2,363.07 2,400.30 455.12 526.51 832.23 887.23 1,203.79 1,258.59 1,570.02 1,655.74 1,939.94 2,096.99 2,326.10 2,572.28 2,733.94 2,989.44 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY t, 2004 EXHIBIT G 2YD CONTAINER SERVICE #REF! Note: "Expanded Service" is defined as a container pushout in excess of25 feet. RATE # WKLY YARDS LEVEL BINS LIFTS /MO BASIC SERVICE 7 1 61 EXPANDED SERV 7 1 61 BASIC SERVICE 7 2 121 EXPANDED SERV 7 2 121 BASIC SERVICE 7 3 182 EXPANDED SERV 7 3 182 BASIC SERVICE 7 4 242 EXPANDED SERV 7 4 242 BASIC SERVICE 7 5 303 EXPANDED SERV 7 5 303 BASIC SERVICE 7 6 364 EXPANDED SERV 7 6 364 BASIC SERVICE 7 7 424 EXPANDED SERV 7 7 424 2003 RATE AS OF 07/01/2003 518.08 599.35 947.36 1,009.96 1,370.28 1,432.65 1,787.20 1,884.79 2,208.27 2,387.05 2,647.85 2,928.08 3,112.09 3,402.95 2004 RATE INCREASE CPI ~ 2.49% FF = 8% AB939 = 2.5% 12.90 14.92 23.59 25.15 34.12 35.67 44.50 46.93 54.99 59.44 65.93 72.91 77.49 84.73 EXHIBIT G - PAGE 8 /1-/7 2004RATES WITH CPI ~ 2.49% FF ~ 8% AB939 = 2.5% 530.98 614.27 970.95 1,035.11 1,404.40 1,468.32 1,831.70 1,931.72 2,263.26 2,446.49 2,713.78 3,000.99 3,189.58 3,487.68 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1,2004 EXHIBIT G 3YD CONTAINER SERVICE #REF! Note: "Expanded Service" is defined as a container pnshont in excess of25 feet. RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE I I 13 EXPANDED SERV I I 13 BASIC SERVICE I 2 26 EXPANDED SERV 1 2 26 BASIC SERVICE 1 3 39 EXPANDED SERV 1 3 39 BASIC SERVICE 1 4 52 EXPANDED SERV 1 4 52 BASIC SERVICE 1 5 65 EXPANDED SERV 1 5 65 BASIC SERVICE I 6 78 EXPANDED SERV 1 6 78 BASIC SERVICE 1 7 91 EXPANDED SERV I 7 91 BASIC SERVICE 2 1 26 EXPANDED SERV 2 1 26 BASIC SERVICE 2 2 52 EXPANDED SERV 2 2 52 BASIC SERVICE 2 3 78 EXPANDED SERV 2 3 78 BASIC SERVICE 2 4 104 EXPANDED SERV 2 4 104 BASIC SERVICE 2 5 130 EXPANDED SERV 2 5 130 BASIC SERVICE 2 6 156 EXPANDED SERV 2 6 156 BASIC SERVICE 2 7 182 EXPANDED SERV 2 7 182 BASIC SERVICE 3 I 39 EXPANDED SERV 3 1 39 BASIC SERVICE 3 2 78 EXPANDED SERV 3 2 78 BASIC SERVICE 3 3 117 EXPANDED SERV 3 3 117 BASIC SERVICE 3 4 156 EXPANDED SERV 3 4 156 BASIC SERVICE 3 5 195 EXPANDED SERV 3 5 195 BASIC SERVICE 3 6 234 EXPANDED SERV 3 6 234 BASIC SERVICE 3 7 273 EXPANDED SERV 3 7 273 2003 RATE AS OF 07/0112003 80.93 93.22 171.63 193.81 243.88 277.07 322.12 362.97 397.82 449.03 476.20 542.08 561.82 630.74 179.61 206.55 336.73 367.13 465.31 513.84 608.79 669.12 76 l.l 2 819.25 923.08 994.00 1,085.02 1,160.98 262.12 303.68 475.12 528.81 671.35 790.98 894.05 963.73 1,1l6.40 1,190.06 1,370.04 1,401.63 1,639.13 1,678.11 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 ~ 2.5% 2.02 2.32 4.27 4.83 6.07 6.90 8.02 9.04 9.91 1l.l8 11.86 13.50 13.99 15.71 4.47 5.14 8.38 9.14 11.59 12.79 15.16 16.66 18.95 20.40 22.98 24.75 27.02 28.91 6.53 7.56 11.83 13.17 16.72 19.70 22.26 24.00 27.80 29.63 34.11 34.90 40.81 41.78 EXHIBIT G - PAGE 9 // -/! 2004RATES WITH CPI = 2.49% FF=8% AB939 ~ 2.5% 82.95 95.54 175.90 198.64 249.95 283.97 330.14 372.01 407.73 460.21 488.06 555.58 575.81 646.45 184.08 211.69 345.11 376.27 476.90 526.63 623.95 685.78 780.07 839.65 946.06 1,018.75 1,112.04 1,189.89 268.65 311.24 486.95 541.98 688.07 810.68 916.31 987.73 1,144.20 1,219.69 1,404.15 1,436.53 1,679.94 1,719.89 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1,2004 EXHIBIT G 3YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS /MO BASIC SERVICE 4 I 52 EXPANDED SERV 4 I 52 BASIC SERVICE 4 2 104 EXPANDED SERV 4 2 104 BASIC SERVICE 4 3 156 EXPANDED SERV 4 3 156 BASIC SERVICE 4 4 208 EXPANDED SERV 4 4 208 BASIC SERVICE 4 5 260 EXPANDED SERV 4 5 260 BASIC SERVICE 4 6 312 EXPANDED SERV 4 6 312 BASIC SERVICE 4 7 364 EXPANDED SERV 4 7 364 BASIC SERVICE 5 1 65 EXPANDED SERV 5 I 65 BASIC SERVICE 5 2 130 EXPANDED SERV 5 2 130 BASIC SERVICE 5 3 195 EXPANDED SERV 5 3 195 BASIC SERVICE 5 4 260 EXPANDED SERV 5 4 260 BASIC SERVICE 5 5 325 EXPANDED SERV 5 5 325 BASIC SERVICE 5 6 390 EXPANDED SERV 5 6 390 BASIC SERVICE 5 7 455 EXPANDED SERV 5 7 455 BASIC SERVICE 6 1 78 EXPANDED SERV 6 1 78 BASIC SERVICE 6 2 156 EXPANDED SERV 6 2 156 BASIC SERVICE 6 3 234 EXPANDED SERV 6 3 234 BASIC SERVICE 6 4 312 EXPANDED SERV 6 4 312 BASIC SERVICE 6 5 390 EXPANDED SERV 6 5 390 BASIC SERVICE 6 6 468 EXPANDED SERV 6 6 468 BASIC SERVICE 6 7 546 EXPANDED SERV 6 7 546 2003 RATE AS OF 07/0112003 345.25 398.20 610.76 678.92 886.19 970.36 1,200.28 1,248.05 1,519.99 1,539.69 1,840.25 1,910.95 2,160.19 2,230.79 425.33 489.62 774.76 838.00 1,129.96 1,141.18 1,495.18 1,534.64 1,852.28 1,989.26 2,215.26 2,400.78 2,634.86 2,674.75 505.28 581.78 926.97 985.88 1,342.77 1,401.45 1,752.81 1,844.63 2,166.83 2,335.05 2,598.21 2,861.92 3,052.84 3,326.52 2004 RATE INCREASE CPI ~ 2.49% FF = 8% AB939 = 2.5% 8.60 9.92 15.21 16.91 22.07 24.16 29.89 31.08 37.85 38.34 45.82 47.58 53.79 55.55 10.59 12.19 19.29 20.87 28.14 28.42 37.23 38.21 46.12 4953 55.16 59.78 65.61 66.60 1258 14.49 23.08 24.55 33.43 34.90 43.64 45.93 53.95 58.14 64.70 71.26 76.02 82.83 EXHIBIT G - PAGE 10 /I-Ie:¡ 2004RATES WITH CPI = 2.49% FF=8% AB939 = 2.5% 353.85 408.12 625.97 695.83 908.26 994.52 1,230.17 1,279.13 1,557.84 1,578.03 1,886.07 1,958.53 2,213.98 2,286.34 435.92 501.81 794.05 858.87 1,158.10 1,169.60 1,532.41 1,572.85 1,898.40 2,038.79 2,270.42 2,460.56 2,700.47 2,741.35 517.86 596.27 950.05 1,010.43 1,376.20 1,436.35 1,796.45 1,890.56 2,220.78 2,393.19 2,662.91 2,933.18 3,128.86 3,409.35 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1,2004 EXHIBIT G 3YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 7 I 91 EXPANDED SERV 7 I 91 BASIC SERVICE 7 2 182 EXPANDED SERV 7 2 182 BASIC SERVICE 7 3 273 EXPANDED SERV 7 3 273 BASIC SERVICE 7 4 364 EXPANDED SERV 7 4 364 BASIC SERVICE 7 5 455 EXPANDED SERV 7 5 455 BASIC SERVICE 7 6 546 EXPANDED SERV 7 6 546 BASIC SERVICE 7 7 637 EXPANDED SERV 7 7 637 2003 RATE AS OF 07/0112003 589.49 678.71 1,081.49 1,150.20 1,566.54 1,635.02 2,044.94 2,152.07 2,527.95 2,724.21 3,031.25 3,338.90 3,561.63 3,880.95 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 14.68 16.90 26.93 28.64 39.01 40.71 50.92 53.59 62.95 67.83 75.48 83.14 88.68 96.64 EXHIBIT G - PAGE 11 11"020 2004RATES WITH CPI = 2.49% FF = 8% AB939 = 2.5% 604.17 695.61 1,108.42 1,178.84 1,605.55 1,675.73 2,095.86 2,205.66 2,590.90 2,792.04 3,106.73 3,422.04 3,650.31 3,977.59 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES. EFFECTIVE JULY I, 2004 EXHIBIT G 4YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of 25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS /MO BASIC SERVICE I I 17 EXPANDED SERV I I 17 BASIC SERVICE I 2 35 EXPANDED SERV I 2 35 BASIC SERVICE I 3 52 EXPANDED SERV I 3 52 BASIC SERVICE I 4 69 EXPANDED SERV 1 4 69 BASIC SERVICE I 5 87 EXPANDED SERV I 5 87 BASIC SERVICE I 6 104 EXPANDED SERV I 6 104 BASIC SERVICE I 7 121 EXPANDED SERV I 7 121 BASIC SERVICE 2 I 35 EXPANDED SERV 2 I 35 BASIC SERVICE 2 2 69 EXPANDED SERV 2 2 69 BASIC SERVICE 2 3 104 EXPANDED SERV 2 3 104 BASIC SERVICE 2 4 139 EXPANDED SERV 2 4 139 BASIC SERVICE 2 5 173 EXPANDED SERV 2 5 173 BASIC SERVICE 2 6 208 EXPANDED SERV 2 6 208 BASIC SERVICE 2 7 242 EXPANDED SERV 2 7 242 BASIC SERVICE 3 I 52 EXPANDED SERV 3 I 52 BASIC SERVICE 3 2 104 EXPANDED SERV 3 2 104 BASIC SERVICE 3 3 156 EXPANDED SERV 3 3 156 BASIC SERVICE 3 4 208 EXPANDED SERV 3 4 208 BASIC SERVICE 3 5 260 EXPANDED SERV 3 5 260 BASIC SERVICE 3 6 312 EXPANDED SERV 3 6 312 BASIC SERVICE 3 7 364 EXPANDED SERV 3 7 364 2003 RATE AS OF 07/0112003 128.89 145.46 226.86 256.17 322.38 366.21 425.82 479.76 525.91 593.51 629.51 716.48 742.69 833.70 237.40 272.99 445.11 485.24 615.12 679.21 804.84 884.48 1,006.25 1,082.95 1,220.31 1,313.95 1,434.43 1,534.71 346.45 401.32 628.09 698.97 887.58 1,045.54 1,181.99 1,273.99 1,475.95 1,573.19 1,811.25 1,852.95 2,166.94 2,218.43 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 3.21 3.62 5.65 6.38 8.03 9.12 10.60 11.95 13.10 14.78 15.67 17.84 18.49 20.76 5.91 6.80 11.08 12.08 15.32 16.91 20.04 22.02 25.06 26.97 30.39 32.72 35.72 38.21 8.63 9.99 15.64 17.40 22.10 26.03 29.43 31.72 36.75 39.17 45.10 46.14 53.96 55.24 EXHIBIT G. PAGE 12 /1-,)/ 2004RATES WITH CPI~2.49% FF=8% AB939 = 2.5% 132.10 149.08 232.51 262.55 330.41 375.33 436.42 491.71 539.01 608.29 645.18 734.32 761.18 854.46 243.31 279.79 456.19 497.32 630.44 696.12 824.88 906.50 1,031.31 1,109.92 1,250.70 1,346.67 1,470.15 1,572.92 355.08 411.31 643.73 716.37 909.68 1,071.57 1,211.42 1,305.71 1,512.70 1,612.36 1,856.35 1,899.09 2,220.90 2,273.67 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1,2004 EXHIBIT G 4YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 4 I 69 EXPANDED SERV 4 1 69 BASIC SERVICE 4 2 139 EXPANDED SERV 4 2 139 BASIC SERVICE 4 3 208 EXPANDED SERV 4 4 208 EXPANDED SERV 4 4 277 BASIC SERVICE 4 5 346 EXPANDED SERV 4 5 346 BASIC SERVICE 4 6 416 EXPANDED SERV 4 6 416 BASIC SERVICE 4 7 485 EXPANDED SERV 4 7 485 BASIC SERVICE 5 I 87 EXPANDED SERV 5 I 87 BASIC SERVICE 5 2 173 EXPANDED SERV 5 2 173 BASIC SERVICE 5 3 260 EXPANDED SERV 5 3 260 BASIC SERVICE 5 4 346 EXPANDED SERV 5 4 346 BASIC SERVICE 5 5 433 EXPANDED SERV 5 5 433 BASIC SERVICE 5 6 520 EXPANDED SERV 5 6 520 BASIC SERVICE 5 7 606 EXPANDED SERV 5 7 606 BASIC SERVICE 6 I 104 EXPANDED SERV 6 I 104 BASIC SERVICE 6 2 208 EXPANDED SERV 6 2 208 BASIC SERVICE 6 3 312 EXPANDED SERV 6 3 312 BASIC SERVICE 6 4 416 EXPANDED SERV 6 4 416 BASIC SERVICE 6 5 520 EXPANDED SERV 6 5 520 BASIC SERVICE 6 6 624 EXPANDED SERV 6 6 624 BASIC SERVICE 6 7 727 EXPANDED SERV 6 7 727 2003 RATE AS OF 07/01/2003 456.37 526.27 807.46 897.42 1,171.62 1,282.73 1,649.94 2,009.48 2,035.49 2,432.85 2,526.21 2,855.79 2,949.00 562.24 647.10 1,024.25 1,107.67 1,493.89 1,508.69 1,976.71 2,028.83 2,448.88 2,629.68 2,928.81 3,173.72 3,483.45 3,536.10 667.92 768.87 1,225.49 1,303.25 1,775.22 1,852.70 2,317.45 2,438.67 2,864.88 3,086.94 3,435.23 3,783.34 4,036.25 4,397.56 2004 RATE INCREASE CPI ~ 2.49% FF ~ 8% AB939 = 2.5% 11.36 13.10 20.11 22.35 29.17 31.94 41.08 50.04 50.68 60.58 62.90 71.1 I 73.43 14.00 16.11 25.50 27.58 37.20 37.57 49.22 50.52 60.98 65.48 72.93 79.03 86.74 88.05 16.63 19.14 30.51 32.45 44.20 46.13 57.70 60.72 71.34 76.86 85.54 94.21 100.50 109.50 EXHIBIT G - PAGE 13 //-)- :L. 2004RATES WITH CPI = 2.49% FF=8% AB939 = 2.5% 467.73 539.37 827.57 919.77 1,200.79 1,314.67 1,691.02 2,059.52 2,086.17 2,493.43 2,589.11 2,926.90 3,022.43 576.24 663.21 1,049.75 1,135.25 1,531.09 1,546.26 2,025.93 2,079.35 2,509.86 2,695.16 3,001.74 3,252.75 3,570.19 3,624.15 684.55 788.01 1,256.00 1,335.70 1,819.42 1,898.83 2,375.15 2,499.39 2,936.22 3,163.80 3,520.77 3,877.55 4,136.75 4,507.06 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2004 EXHIBIT G 4YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pnshont in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 7 I 121 EXPANDED SERV 7 I 121 BASIC SERVICE 7 2 242 EXPANDED SERV 7 2 242 BASIC SERVICE 7 3 364 EXPANDED SERV 7 3 364 BASIC SERVICE 7 4 485 EXPANDED SERV 7 4 485 BASIC SERVICE 7 5 606 EXPANDED SERV 7 5 606 BASIC SERVICE 7 6 727 EXPANDED SERV 7 6 727 BASIC SERVICE 7 7 849 EXPANDED SERV 7 7 849 2003 RATE AS OF 07/01/2003 779.24 897.02 1,429.74 1,520.47 2,071.1 I 2,161.50 2,703.67 2,845.10 3,342.34 3,601.42 4,007.79 4,413.92 4,708.97 5,130.50 2004 RATE INCREASE CPI = 2.49% FF = 8% AB939 = 2.5% 19.40 22.34 35.60 37.86 51.57 53.82 67.32 70.84 83.22 89.68 99.79 109.91 117.25 127.75 EXHIBIT G - PAGE 14 II - .,) .3 2004RATES WITH CPI=2.49% FF=8% AB939 = 2.5% 798.64 919.36 1,465.34 1,558.33 2,122.68 2,215.32 2,770.99 2,915.94 3,425.56 3,691.10 4,107.58 4,523.83 4,826.22 5,258.25 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES" EFFECTIVE JULY 1, 2004 EXHIBIT G 5YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE I I 22 EXPANDED SERV I I 22 BASIC SERVICE I 2 43 EXPANDED SERV I 2 43 BASIC SERVICE I 3 65 EXPANDED SERV I 3 65 BASIC SERVICE I 4 87 EXPANDED SERV I 4 87 BASIC SERVICE I 5 108 EXPANDED SERV I 5 108 BASIC SERVICE I 6 130 EXPANDED SERV I 6 130 BASIC SERVICE I 7 152 EXPANDED SERV I 7 152 BASIC SERVICE 2 I 43 EXPANDED SERV 2 I 43 BASIC SERVICE 2 2 87 EXPANDED SERV 2 2 87 BASIC SERVICE 2 3 130 EXPANDED SERV 2 3 130 BASIC SERVICE 2 4 173 EXPANDED SERV 2 4 173 BASIC SERVICE 2 5 217 EXPANDED SERV 2 5 217 BASIC SERVICE 2 6 260 EXPANDED SERV 2 6 260 BASIC SERVICE 2 7 303 EXPANDED SERV 2 7 303 BASIC SERVICE 3 I 65 EXPANDED SERV 3 I 65 BASIC SERVICE 3 2 130 EXPANDED SERV 3 2 130 BASIC SERVICE 3 3 195 EXPANDED SERV 3 3 195 BASIC SERVICE 3 4 260 EXPANDED SERV 3 4 260 BASIC SERVICE 3 5 325 EXPANDED SERV 3 5 325 BASIC SERVICE 3 6 390 EXPANDED SERV 3 6 390 BASIC SERVICE 3 7 455 EXPANDED SERV 3 7 455 2003 RATE AS OF 07/0112003 16LlI 181.84 283.59 320.21 403.00 457.77 532.33 599.73 657.37 741.88 786.90 895.60 928.38 1,042.12 2004 RATE INCREASE CPI = 2.49% FF = 8% AB939 = 2.5% 4.01 4.53 7.06 7.97 10.03 11.40 13.26 14.93 16.37 18.47 19.59 22.30 23.12 25.95 296.76 341.22 556.40 606.59 768.89 849.01 1,006.03 1,105.58 1,257.81 1,353.71 1,525.41 1,642.44 1,793.04 1,918.38 7.39 8.50 13.85 15.10 19.15 2Ll4 25.05 27.53 31.32 33.71 37.98 40.90 44.65 47.77 433.08 501.65 785.1 I 873.71 1,109.50 1,306.92 1,477.48 1,592.50 1,844.95 1,966.51 2,264.06 2,316.20 2,708.66 2,773.03 10.78 12.49 19.55 21.76 27.63 32.54 36.79 39.65 45.94 48.97 56.38 57.67 67.45 69.05 EXHIBIT G - PAGE 15 11-.)£/ 2004RATES WITH CPI ~ 2.49% FF=8% AB939 = 2.5% 165.12 186.37 290.65 328.18 413.03 469.17 545.59 614.66 673.74 760.35 806.49 917.90 951.50 1,068.07 304.15 349.72 570.25 621.69 788.D4 870.15 1,031.08 1,133.1 I 1,289.13 1,387.42 1,563.39 1,683.34 1,837.69 1,966.15 443.86 514.14 804.66 895.47 1,137.13 1,339.46 1,514.27 1,632.15 1,890.89 2,015.48 2,320.44 2,373.87 2,776. II 2,842.08 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2004 EXHIBIT G 5YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 4 I 87 EXPANDED SERV 4 I 87 BASIC SERVICE 4 2 173 EXPANDED SERV 4 2 173 BASIC SERVICE 4 3 260 EXPANDED SERV 4 4 260 EXPANDED SERV 4 4 346 BASIC SERVICE 4 5 433 EXPANDED SERV 4 5 433 BASIC SERVICE 4 6 520 EXPANDED SERV 4 6 520 BASIC SERVICE 4 7 606 EXPANDED SERV 4 7 606 BASIC SERVICE 5 I 108 EXPANDED SERV 5 I 108 BASIC SERVICE 5 2 217 EXPANDED SERV 5 2 217 BASIC SERVICE 5 3 325 EXPANDED SERV 5 3 325 BASIC SERVICE 5 4 433 EXPANDED SERV 5 4 433 BASIC SERVICE 5 5 541 EXPANDED SERV 5 5 541 BASIC SERVICE 5 6 650 EXPANDED SERV 5 6 650 BASIC SERVICE 5 7 758 EXPANDED SERV 5 7 758 BASIC SERVICE 6 I 130 EXPANDED SERV 6 I 130 BASIC SERVICE 6 2 260 EXPANDED SERV 6 2 260 BASIC SERVICE 6 3 390 EXPANDED SERV 6 3 390 BASIC SERVICE 6 4 520 EXPANDED SERV 6 4 520 BASIC SERVICE 6 5 650 EXPANDED SERV 6 5 650 BASIC SERVICE 6 6 779 EXPANDED SERV 6 6 779 BASIC SERVICE 6 7 909 EXPANDED SERV 6 7 909 2003 RATE AS OF 07/0112003 570.47 657.86 1,009.29 1,121.78 1,464.55 1,603.42 2,062.43 2,511.87 2,544.40 3,041.08 3,157.76 3,569.75 3,686.28 702.79 808.87 1,280.33 1,384.61 1,867.32 1,885.86 2,470.92 2,536.06 3,061.08 3,287.1 I 3,661.00 3,967.14 4,354.31 4,420.15 834.90 961.09 1,531.87 1,629.06 2,219.06 2,315.89 2,896.81 3,048.36 3,581.09 3,858.68 4,294.03 4,729.19 5,045.33 5,496.96 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 14.20 16.38 25.13 27.93 36.47 39.93 51.35 62.55 63.36 75.72 78.63 88.89 91.79 17.50 20.14 31.88 34.48 46.50 46.96 61.53 63.15 76.22 81.85 91.16 98.78 108.42 IlO.06 20.79 23.93 38.14 40.56 55.25 57.67 72.13 75.90 89.17 96.08 106.92 Il7.76 125.63 136.87 EXHIBIT G - PAGE 16 /I-ç) S- 2004RATES WITH CP1=2.49% FF=8% AB939 = 2.5% 584.67 674.24 1,034.42 1,149.71 1,501.02 1,643.35 2,113.78 2,574.42 2,607.76 3,116.80 3,236.39 3,658.64 3,778.07 720.29 829.01 1,312.21 1,419.09 1,913.82 1,932.82 2,532.45 2,599.21 3,137.30 3,368.96 3,752.16 4,065.92 4,462.73 4,530.21 855.69 985.02 1,570.01 1,669.62 2,274.31 2,373.56 2,968.94 3,124.26 3,670.26 3,954.76 4,400.95 4,846.95 5,170.96 5,633.83 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2004 EXHIBIT G 5YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pnshout iu excess of25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 7 I 152 EXPANDED SERV 7 I 152 BASIC SERVICE 7 2 303 EXPANDED SERV 7 2 303 BASIC SERVICE 7 3 455 EXPANDED SERV 7 3 455 BASIC SERVICE 7 4 606 EXPANDED SERV 7 4 606 BASIC SERVICE 7 5 758 EXPANDED SERV 7 5 758 BASIC SERVICE 7 6 909 EXPANDED SERV 7 6 909 BASIC SERVICE 7 7 1061 EXPANDED SERV 7 7 1061 2003 RATE AS OF 07/01/2003 974.05 1,122.52 1,787.16 1,900.58 2,588.89 2,701.87 3,379.62 3,556.39 4,177.92 4,501.77 5,009.71 5,517.40 5,886.21 6,413.13 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 24.25 27.95 44.50 47.32 64.46 67.28 84.15 88.55 104.03 112.09 124.74 137.38 146.57 159.69 EXHIBIT G - PAGE 17 //-..2 b 2004RATES WITH CPI~2.49% FF~8% AB939 = 2.5% 998.30 1,150.47 1,831.66 1,947.90 2,653.35 2,769.15 3,463.77 3,644.94 4,281.95 4,613.86 5,134.45 5,654.78 6,032.78 6,572.82 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2004 EXHIBIT G 6YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess 0£25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE I I 26 EXPANDED SERV 1 I 26 BASIC SERVICE I 2 52 EXPANDED SERV I 2 52 BASIC SERVICE I 3 78 EXPANDED SERV I 3 78 BASIC SERVICE I 4 104 EXPANDED SERV I 4 104 BASIC SERVICE I 5 130 EXPANDED SERV I 5 130 BASIC SERVICE I 6 156 EXPANDED SERV I 6 156 BASIC SERVICE I 7 182 EXPANDED SERV I 7 182 BASIC SERVICE 2 1 52 EXPANDED SERV 2 1 52 BASIC SERVICE 2 2 104 EXPANDED SERV 2 2 104 BASIC SERVICE 2 3 156 EXPANDED SERV 2 3 156 BASIC SERVICE 2 4 208 EXPANDED SERV 2 4 208 BASIC SERVICE 2 5 260 EXPANDED SERV 2 5 260 BASIC SERVICE 2 6 312 EXPANDED SERV 2 6 312 BASIC SERVICE 2 7 364 EXPANDED SERV 2 7 364 BASIC SERVICE 3 1 78 EXPANDED SERV 3 1 78 BASIC SERVICE 3 2 156 EXPANDED SERV 3 2 156 BASIC SERVICE 3 3 234 EXPANDED SERV 3 3 234 BASIC SERVICE 3 4 312 EXPANDED SERV 3 4 312 BASIC SERVICE 3 5 390 EXPANDED SERV 3 5 390 BASIC SERVICE 3 6 468 EXPANDED SERV 3 6 468 BASIC SERVICE 3 7 546 EXPANDED SERV 3 7 546 2003 RATE AS OF 07/0112003 193.33 218.20 340.31 384.24 483.60 549.35 638.78 719.65 788.85 890.26 944.26 1,074.71 1,114.03 1,250.54 356.12 409.47 667.67 727.89 922.67 1,018.81 1,207.24 1,326.71 1,509.39 1,624.45 1,830.48 1.970.94 2,151.66 2,302.06 519.72 602.00 942.11 1,048.45 1,331.39 1,568.31 1,772.97 1,911.00 2,213.93 2,359.81 2,716.85 2,779.43 3,250.42 3,327.64 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 4.81 5.43 8.47 9.57 12.04 13.68 15.91 17.92 19.64 22.17 23.51 26.76 27.74 31.14 8.87 10.20 16.62 18.12 22.97 25.37 30.06 33.04 37.58 40.45 45.58 49.08 53.58 57.32 12.94 14.99 23.46 26.11 33.15 39.05 44.15 47.58 55.13 58.76 67.65 69.21 80.94 82.86 EXHIBIT G - PAGE 18 /1--;) 7 2004RATES WITH CPI ~ 2.49% FF=8% AB939 = 2.5% 198.14 223.63 348.78 393.81 495.64 563.03 654.69 737.57 808.49 912.43 967.77 1,101.47 1,141.77 1,281.68 364.99 419.67 684.29 746.01 945.64 1,044.18 1,237.30 1,359.75 1,546.97 1,664.90 1,876.06 2,020.02 2,205.24 2,359.38 532.66 616.99 965.57 1,074.56 1,364.54 1,607.36 1,817.12 1,958.58 2,269.06 2,418.57 2,784.50 2,848.64 3,331.36 3,410.50 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2004 EXHIBIT G 6YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of 25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS IMO BASIC SERVICE 4 I 104 EXPANDED SERV 4 I 104 BASIC SERVICE 4 2 208 EXPANDED SERV 4 2 208 BASIC SERVICE 4 3 312 EXPANDED SERV 4 4 312 EXPANDED SERV 4 4 416 BASIC SERVICE 4 5 520 EXPANDED SERV 4 5 520 BASIC SERVICE 4 6 624 EXPANDED SERV 4 6 624 BASIC SERVICE 4 7 727 EXPANDED SERV 4 7 727 BASIC SERVICE 5 I 130 EXPANDED SERV 5 I 130 BASIC SERVICE 5 2 260 EXPANDED SERV 5 2 260 BASIC SERVICE 5 3 390 EXPANDED SERV 5 3 390 BASIC SERVICE 5 4 520 EXPANDED SERV 5 4 520 BASIC SERVICE 5 5 650 EXPANDED SERV 5 5 650 BASIC SERVICE 5 6 779 EXPANDED SERV 5 6 779 BASIC SERVICE 5 7 909 EXPANDED SERV 5 7 909 BASIC SERVICE 6 I 156 EXPANDED SERV 6 I 156 BASIC SERVICE 6 2 312 EXPANDED SERV 6 2 312 BASIC SERVICE 6 3 468 EXPANDED SERV 6 3 468 BASIC SERVICE 6 4 624 EXPANDED SERV 6 4 624 BASIC SERVICE 6 5 779 EXPANDED SERV 6 5 779 BASIC SERVICE 6 6 935 EXPANDED SERV 6 6 935 BASIC SERVICE 6 7 1091 EXPANDED SERV 6 7 1091 2003 RATE AS OF 07/0112003 684.56 789.45 1,211.15 1,346.13 1,757.46 1,924.10 2,474.94 3,014.28 3,053.27 3,649.29 3,789.30 4,283.69 4,423.54 843.33 970.65 1,536.39 1,661.53 2,240.80 2,263.02 2,965.09 3,043.28 3,673.32 3,944.56 4,393.17 4,760.55 5,225.18 5,304.16 1,001.88 1,153.29 1,838.24 1,954.89 2,662.87 2,779.06 3,476.17 3,658.01 4,297.27 4,630.40 5,152.85 5,675.03 6,054.40 6,596.38 2004 RATE INCREASE CPI = 2.49% FF=8% AB939 = 2.5% 17.05 19.66 30.16 33.52 43.76 47.91 61.63 75.06 76.03 90.87 94.35 106.66 110.15 21.00 24.17 38.26 41.37 55.80 56.35 73.83 75.78 91.47 98.22 109.39 118.54 130.11 132.07 24.95 28.72 45.77 48.68 66.31 69.20 86.56 91.08 107.00 115.30 128.31 141.31 150.75 164.25 EXHIBIT G - PAGE 19 //-~p 2004RATES WITH CPI = 2.49% FF = 8% AB939 = 2.5% 701.61 809.1I 1,241.31 1,379.65 1,801.22 1,972.01 2,536.57 3,089.34 3,129.30 3,740.16 3,883.65 4,390.35 4,533.69 864.33 994.82 1,574.65 1,702.90 2,296.60 2,319.37 3,038.92 3,1I9.06 3,764.79 4,042.78 4,502.56 4,879.09 5,355.29 5,436.23 1,026.83 1,182.01 1,884.01 2,003.57 2,729.18 2,848.26 3,562.73 3,749.09 4,404.27 4,745.70 5,281.16 5,816.34 6,205.15 6,760.63 CITY OF CHULA VISTA 2004 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2004 EXHIBIT G 6YD CONTAINER SERVICE Note: "Expanded Service" is defined as a container pushout in excess of 25 feet. #REF! RATE # WKLY YARDS LEVEL BINS LIFTS /MO BASIC SERVICE 7 I 182 EXPANDED SERV 7 I 182 BASIC SERVICE 7 2 364 EXPANDED SERV 7 2 364 BASIC SERVICE 7 3 546 EXPANDED SERV 7 3 546 BASIC SERVICE 7 4 727 EXPANDED SERV 7 4 727 BASIC SERVICE 7 5 909 EXPANDED SERV 7 5 909 BASIC SERVICE 7 6 1091 EXPANDED SERV 7 6 1091 BASIC SERVICE 7 7 1273 EXPANDED SERV 7 7 1273 2003 RATE AS OF 07/0112003 1,168.84 1,345.51 2,144.62 2,280.71 3,106.66 3,242.25 4,055.53 4,267.68 5,013.48 5,402.13 6,011.67 6,620.90 7,063.47 7,695.76 2004 RATE INCREASE CPI = 2.49% FF = 8% AB939 = 2.5% 29.10 33.50 53.40 56.79 77.36 80.73 100.98 106.27 124.84 134.51 149.69 164.86 175.88 191.62 EXHIBIT G - PAGE 20 //-.)9 2004RATES WITH CPI = 2.49% FF=8% AB939 = 2.5% 1,197.94 1,379.01 2,198.02 2,337.50 3,184.02 3,322.98 4,156.51 4,373.95 5,138.32 5,536.64 6,161.36 6,785.76 7,239.35 7,887.38 Commercial Recycling Rates P OP SED ERAS R 0 NW TE Julv 1, 2004 Number Container Number of Times Container Serviced WeeklY Containers Size 1xWk 2xWk 3xWk 4xWk 5xWk 1 2 $ 35.01 $ 35.01 $ 44.57 $ 59.43 $ 74.29 1 3 $ 35.01 $ 35.01 $ 66.86 $ 89.15 $ 111.43 1 4 $ 35.01 $ 35.01 $ 89.15 $ 118.86 $ 148.58 1 5 $ 35.01 $ 66.86 $ 100.29 $ 133.72 $ 167.15 1 6 $ 35.01 $ 80.23 $ 120.35 $ 160.47 $ 200.58 2 2 $ 35.01 $ 35.01 $ 89.15 $ 118.86 $ 148.58 2 3 $ 35.01 $ 80.23 $ 120.35 $ 160.47 $ 200.58 2 4 $ 35.01 $ 106.98 $ 160.47 $ 213.95 $ 267.44 2 5 $ 66.86 $ 133.72 $ 200.58 $ 267.44 $ 334.30 2 6 $ 80.23 $ 160.47 $ 240.70 $ 320.93 $ 401.16 3 2 $ 35.01 $ 89.15 $ 133.72 $ 178.30 $ 222.87 3 3 $ 60.17 $ 120.35 $ 180.52 $ 240.70 $ 300.87 3 4 $ 80.23 $ 160.47 $ 240.70 $ 320.93 $ 401.16 3 5 $ 100.29 $ 200.58 $ 300.87 $ 401.16 $ 501.46 3 6 $ 120.35 $ 240.70 $ 361.05 $ 481.40 $ 601,75 4 2 $ 35.01 $ 118.86 $ 178.30 $ 237.73 $ 297.16 4 3 $ 80.23 $ 160.47 $ 240.70 $ 320.93 $ 401.16 4 4 $ 106.98 $ 213.95 $ 320.93 $ 427.91 $ 534.89 4 5 $ 133.72 $ 267.44 $ 401.16 $ 534.89 $ 668.61 4 6 $ 160.47 $ 320.93 $ 481.40 $ 641.86 $ 802.33 5 2 $ 74.29 $ 148.58 $ 222.87 $ 297.16 $ 371.45 5 3 $ 100.29 $ 200.58 $ 300.87 $ 401.16 $ 501.46 5 4 $ 133.72 $ 267.44 $ 401.16 $ 534.89 $ 668.61 5 5 $ 167.15 $ 334.30 $ 501.46 $ 668.61 $ 835.76 5 6 $ 200.58 $ 401.16 $ 601.75 $ 802.33 $ 1,002.91 6 2 $ 89,15 $ 178.30 $ 267.44 $ 356.59 $ 445.74 6 3 $ 120.35 $ 240.70 $ 361.05 $ 481.40 $ 601.75 6 4 $ 160.47 $ 320.93 $ 481.40 $ 641.86 $ 802.33 6 5 $ 200.58 $ 401.16 $ 601.75 $ 802.33 $ 1,002.91 6 6 $ 240.70 $ 481.40 $ 722.10 $ 962.79 $ 1,203.49 EXHIBlTG-PAGE21 //r .:30 Commercial Recycling Rates PROPOSED NEW RATES JulY 1, 2005 Number Container Number of Times Container Serviced WeeklY Containers Size 1xWk 2xWk 3xWk 4xWk 5xWk 1 2 $ 44.91 $ 44.91 $ 59.00 $ 78.66 $ 98.33 1 3 $ 44.91 $ 44.91 $ 88.49 $ 117.99 $ 147.49 1 4 $ 44.91 $ 44.91 $ 117.99 $ 157.32 $ 196.66 1 5 $ 44.91 $ 88.49 $ 132.74 $ 176.99 $ 221.24 1 6 $ 44.91 $ 106.19 $ 159.29 $ 212.39 $ 265.48 2 2 $ 44.91 $ 44.91 $ 117.99 $ 157.32 $ 196.66 2 3 $ 44.91 $ 106.19 $ 159.29 $ 212.39 $ 265.48 2 4 $ 44.91 $ 141.59 $ 212.39 $ 283.18 $ 353.98 2 5 $ 88.49 $ 176.99 $ 265.48 $ 353.98 $ 442.47 2 6 $ 106.19 $ 212.39 $ 318.58 $ 424.78 $ 530.97 3 2 $ 44.91 $ 117.99 $ 176,99 $ 235.99 $ 294.98 3 3 $ 88.49 $ 159.29 $ 238.94 $ 318.58 $ 398.23 3 4 $ 106.19 $ 212.39 $ 318.58 $ 424.78 $ 530.97 3 5 $ 132.74 $ 265.48 $ 398.23 $ 530.97 $ 663.71 3 6 $ 159.29 $ 318.58 $ 477.87 $ 637.16 $ 796.45 4 2 $ 44.91 $ 157.32 $ 235.99 $ 314.65 $ 393.31 4 3 $ 106.19 $ 212.39 $ 318.58 $ 424.78 $ 530.97 4 4 $ 141.59 $ 283.18 $ 424.78 $ 566.37 $ 707.96 4 5 $ 176.99 $ 353.98 $ 530.97 $ 707.96 $ 884.95 4 6 $ 212,39 $ 424.78 $ 637.16 $ 849.55 $ 1,061.94 5 2 $ 98.33 $ 196.66 $ 294.98 $ 393.31 $ 491.64 5 3 $ 132.74 $ 265.48 $ 398.23 $ 530.97 $ 663.71 5 4 $ 176.99 $ 353.98 $ 530.97 $ 707.96 $ 884.95 5 5 $ 221.24 $ 442.47 $ 663,71 $ 884.95 $ 1,106.19 5 6 $ 265.48 $ 530.97 $ 796.45 $ 1,061.94 $ 1,327.42 6 2 $ 117.99 $ 235.99 $ 353.98 $ 471.97 $ 589.97 6 3 $ 159.29 $ 318.58 $ 477.87 $ 637.16 $ 796.45 6 4 $ 212.39 $ 424.78 $ 637.16 $ 849.55 $ 1,061.94 6 5 $ 265.48 $ 530.97 $ 796.45 $ 1,061.94 $ 1,327.42 6 6 $ 318.58 $ 637.16 $ 955.75 $ 1,274.33 $ 1,592.91 EXHIBIT G - PAGE 22 //. j) I Public Data Quel)' . U.S. Department of Labor . . i Bureau of Labor Statistics ." Bureau of Labor Statistics Data www.bls.govlll BLS Home I P'o,cams & SuNeys I Get Detailed StatistIcs I Glossa", I What's New I Find It! In DOL ATTACHMENT B Page 1 of! 0,',,',',,"';"':'-"",::,,", ,-_. Þ,."'i"..,,',,',' r",., ,', """"",,,-',",, '17"--)1:.,'.,';' "'. !"",'" '" i',.' 'I '~ '> -'-..i,'U "'., "-_!~)~ Search I A-Z Index FromJ1993 III T"12003. œ [J include graphs NEWI Data .,.tracted on, June 16, 2004 (7'°4,.. PM) ChangB Output OptlonB: More FolTl'lottinD Ootlon.'" Consumer Price Index -- All Urban Consumers Series Id, CUURA424SAO, CUUSA424SAO Not Seasonally Adjusted Are., San Diego, CA Item, All items Base Period, 1982"84~100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Annual HALF1 HALF2 1993 150.6 150.4 150,8 1994 154,5 154.3 154.6 1995 156,8 156.3 157.3 1996 160,9 159,8 161.9 1997 163,7 163,7 163,7 1998 166.9 166,0 167,8 1999 172.8 171.7 173.9 2000 182,8 179.8 185.8 2001 191.2 190,1 192.4 2002 197,9 195,7 200,0 2003 205.3 203.8 206,7 12 Months Percent Change Suie. Id, CUURA424SAO, CUUSA424SAO Not Seasonally Adjusted Are., San Diego, CA Item, All items Ba.e Period, 1982-84-100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 1993 2.2 2,3 2,1 1994 2.6 2.6 2,5 1995 1.5 1.3 1.7 1996 2,6 2,2 2.9 1997 1.7 2.4 1.1 1998 2,0 1.4 2.5 1999 3.5 3.4 3.6 2000 5,8 4,7 6,8 2001 4,6 5,7 3,6 2002 3.5 2.9 4,0 2003 3,7 4.1 3.4 Frequentb' Asl<edQu...tions I l'r"e<!<>ID"of.InformatlJ>.nAot I Cu_st.ome~ 5_u"",y Privacy & SecuritY Statement I LinklnD to Our Site I Accesslbllitv U.S, Bureau of Labo, Statistics Po"a' Squ... Bundl09 2 Ma"aohusetts Ave" NE Washlo."o, DC 2a2lHaal Il.~~ Phooe, (202) 591.5200 Fa,-oo-demood, (202) 5.1-6325 Oata que"'on" blsdltLltOlliÞbll.gllJl Teohn"a' (web) ,u,"tlO"" webma"e,".', oov Othec oommeots, feed.ao"'.', OOy file:IIC: IDocuments%20and%20Settings\lynnf\M y%20Documents\PWSo/020- %20Pricing\2 004-0 5%20p" , 06/23/2004 Solid Waste Rates Survey of the San Diego Region 2004 Progressive Draft $16,47 $ 16,47 $ 13,14 7,5% I 2.0% $11,50.32 2,5% flal fee for the education Chula Vista $14,91 .64 fund 44,B2B 4,473 315 $17,53.96 $ 14,74 $ 13,19 B,O% Coronado $15,56 $ 15,5£ $ 14,55 - -1-$ 1,01 DelMar $16,10 $ 16,10 $ 14,73 B,5% EI Coon $16,72 $ 1672 $ 15.05 10.0% R $0,21 perresidence; C: Eneinitas $10,63 - 35 gal varies based upon frequency $16,20 - 95 gal $ 15.3B $ 14.45 5,0% of service $0,35 HHW Fee $16,06 21e persingle family LEscondidO & $0,21 AB939 residence/month I I I I Fee $ 16,00 $ 13.92 10,0% $14,71-32gal $15,1B-64gal ~mperial Beach I I I I $15,70-96 gal $ 1519 $ 13,99 10,0% $0,11 HHW Fee $16,B3 I R $0,59; C: $2,02 & $0,59 AB939 La Mesa 91 BBO B6 Fee $ 16.B3 $ 15,46 4.0% Lemon Grove $16,95 $ 16,95 $ 15,31 9,0% ì R$O,11'C:$O,60 National City $15,33 $ 15,35 $ 13,95 9,0% -+ Not separately stated Oceanside $17.76 Waste 5% for roll- $3.43 Contract $ 17,76 $ 14,33 offs Poway $10,74.32 9al 5,0% $0,93 $16.46 -95 gal $ 15,51 $ 13,B9 San Diego $14,B4(FY04 $101l0n $71ton budgeted) San Marcos Varies O,46AB939 Fee $16,27 $ 16,27 $ 14,97 5,0% 3,0% Santee $15,44 5,0% $3,333/month (paid quarterly $ 15.44 $ 14,67 byWMI Solana Beach $16,71 $ 16.71 $ 15,62 6,5% Vista 17,21-95gal 5,0% R: $0.07/month; C: 14,5232 gal $ 17,04 $ 16.16 $O,63/month on a 3yd bin Icounly $10,0010 $0.02ll0n . Counly Ordinance I I I I I $113,40 $2,35110n No, BB66, Sec65, 107(W) "- ......... \ ~, . Mean Rate minus franchise fees, AB 939 fees, HHW fees and other Administrative fees, Total Adjusled Mean Roles $ Number of Cities $ Ajusted Mean Average $ 90% ofaverage = $ CV Adjusfed Mean Rate $ Variance 90% Avg. CV $ 247.3B 17.00 14.55 13,10 13.19 (0.09) :Þ -I -I :Þ n :c 3: I'T1 :z -I n PWS Lynn / 2004 rale comparison A 0023 Updated as of 00/3012004, 3:37PM Solid Waste Rates Survey of the San Diego Region Progressive Draft 2004 No $11.50-32 gal. Pacific Waste I $8.11 1-32 gallon $14.91 - 64 gal. Chula Vista I Services 1% oftheAB939 Fee ($110-$115K1 ear 53.00% can/per week $17.53 - 96 gal. 20% disc'nt for Low Income Head of H'hold $6.75 1-can Multi- Coronado I EDCO I AB939 and/or Rec elin Revenues 51.00% $2.75 per add'i can family $10,500 for door-to-door collection and WMI PHHWCF's in Powa and Vista 51.00% No No WMI HHW Grant and WMI 55.00% $14.67 No EDCO AB939 Fee & Disposal Fee rebates ($125- 130Kl r)/Grants I 49.00% I No I $10.79 Escondido Escondido Dis osal HHW Fee of 35c1month 41.00% No I No Used Oil Recycling Grant - $900/yr EDCO up to 20% disc'nt for Low 12K1 r 50.00% Income Head of H'holdl No City Council approved 11 c on res. and 59c on 20% disc'nt for Low La Mesa comm. Rates eft. 7/1/03 GFE at 43.00% Income Head of H'holdl N/A 20% disc'nt for Low Lemon Grove EDCO HHW Grant $20Kl r I Not Determined I Income Head of H'holdl No ~ EDCO contribution to Refuse Enterprise Fund National Ci EDCO ($50Kl r) I 52.00% I 20% discount I N/A \ Part of rate structure agreement with hauler, total ~ Oceanside WMI approximatel $200K annuall and rants No No .~ Poway EDCO AB939 Fee - 93c per month per residential 10,74 (see customer comments) AB939 Fee, CIWMB Used Oil Grant - $387K, San Diego I Multiple I Sewer Enterprise Fund - $626K, and 30 month N/A HHW Grant - $300K N/A San Marcos EDCO AB939 Fee, CIWMB Used Oil Grant No No Santee WMI HHW Grant - $226 K: AB939 Fee - $40Kl r 42% discount $10.85 R: Coast Waste Solana Beach C:EDCO General Fund - $55K 52.06% No No Vista EDCO Part of rate structure ($139,000/yr) 49.40% $13.77 $1.10/ton of the Franchise Fee; Oil Recycling County I Multiple I Block Grant 6 i$159K_in FY01/02); HHW Grant I 47.00% I Variable discount I Variable Solid Waste Rates Survey of the San Diego Region 2004 Progressive Draft Multi-family recycling, quarterly bulky collection. Storm Water fee included in trash rate of $1.95 for residential I and 15% increase for commercial service beginning Carlsbad I $86,23 I $157.91 I $229.58 I I I I Yes Manual December 2003. Automated u 1- ami y rec. u y co e Ion ree mlxe paper Chula Vista I $80.93 I $171.63 I $243.88 1 Yes, w/self service. Hospitality rec. free rigid container recyc. 1$30.66 temp I haul exempt service. The City did a new base year and achieve $134.92 accnts only. $39.67 53% diversion. Variable rate on addtl cans applies to all residents Coronado I $84.04 I $143.76 I $202.78 I I I No surpassing the City's 4 container trash limit. City pays Manual for all rec c. Ius 1/2 of refuse com onent. I Yes 1.5% street sweeping component included in 8.5% DelMar I $86,69 I $159.54 I $232.39 I I I Manual franchise fee. Yes Addtl contract fee of $313.8K1yr to City. Free large Automated items. Yes Rates are for FY04/05. Standard residential service Automated includes unlimited recycling and yard waste. Single Manual greens collection; cust. supply cans. Automated recyc. & trash collection using 64-gaL carts. Addtl recyc. carts are free; addtl trash carts are $3.50/ea For 2 weeks after Christmas, unlimited Automated curbside collection. Automated Automated ISilver bag prog. offered to seniors In place of auto carts @ $2.63/bg, includes recyc. Res, refuse rate includes 86c for addU carts (up to 5) over the basic 2- cart syst. All rates eff. 7/01/01. Silver bag prog. offered to seniors in place of auto Automated carts @ $2.74/bg. Silver bag prog. @$1.97/bg. Badc rate includes a 2x yearly city cleanup at no cost, collection of bulky items by appt. at no cost, collection of street liter cans at no cost, collection of city trash at no cost, & disposal National City I $92.78 I $142.71 I $200.81 I I I Yes I Automated street sweepinç s @1 reduced cost. ~ \ ~ f",\ Solid Waste Rates Survey of the San Diego Region 2004 Progressive Draft Oceanside $86.86 $156.71 $226.86 Yes Poway $84.13 $140.97 $197.83 Yes San Diego Various Various Various Various Various Various Yes San Marcos $86.72 $154.04 $221.36 * *$491.1 * Yes Santee $79.90 $141.58 $200.45 - - No Solana Beach $83.41 $140.24 $201.75 Yes IVista Yes $87.96 $157.41 $226.74 County $45.00 to $75.00 to $120.00 to I I I I No $230.00 $280.00 $345.00 Low Average High "'- '- , b.., ~, .~v is assessed for post-closure monitoring & main!. Of 2 closed city landfills, street sweeping costs, downtown recyc., and City clean-up Combination Icrews. Res. variable & single family rate incL unlmt recyc. & Combinationlunlmt green waste Single-family res. refuse collection & assoc. admin costs are funded through the gen. fund, & yard waste/recyc. collection & assoc. admin costs are funded through the enterprise fund. Res, are not charged a direct fee for these services. Com. bin rates vary according to rates charged by the hauler Combination Iproviding service. * $491.10 includes a $42.9 delivery fee, $189.9 Automated delivery fee, and 6 tons of dis osal at $43.05 per ton. Automated Manual Automated Unlmt yard waste. Basic servo includes one 95 gal cart. Addtl carts avail. Adult mobile home parks - $14.17 curbside, family mobile home ¡:¡arks - $14.89 curbside. Various Rates effective as of 7/1/96. Commercial Recycling Rates PROPOSED NEW RATES July 1, 2004 Number Container Number of Times Container Serviced Weekly Containers Size 1xWk 2xWk 3xWk 4xWk 5xWk 1 2 $ 35.01 $ 35.01 $ 44.57 $ 59.43 $ 74.29 1 3 $ 35.01 $ 35.01 $ 66.86 $ 89.15 $ 111.43 1 4 $ 35.01 $ 35.01 $ 89.15 $ 118.86 $ 148.58 1 5 $ 35.01 $ 66.86 $ 100.29 $ 133.72 $ 167.15 1 6 $ 35.01 $ 80.23 $ 120.35 $ 160.47 $ 200.58 2 2 $ 35.01 $ 35.01 $ 89.15 $ 118.86 $ 148.58 2 3 $ 35.01 $ 80.23 $ 120.35 $ 160.47 $ 200.58 2 4 $ 35.01 $ 106.98 $ 160.47 $ 213.95 $ 267.44 2 5 $ 66.86 $ 133.72 $ 200.58 $ 267.44 $ 334.30 2 6 $ 80.23 $ 160.47 $ 240.70 $ 320.93 $ 401.16 3 2 $ 35.01 $ 89.15 $ 133.72 $ 178.30 $ 222.87 3 3 $ 60.17 $ 120.35 $ 180.52 $ 240.70 $ 300.87 3 4 $ 80.23 $ 160.47 $ 240.70 $ 320.93 $ 401.16 3 5 $ 100.29 $ 200.58 $ 300.87 $ 401.16 $ 501.46 3 6 $ 120.35 $ 240.70 $ 361.05 $ 481.40 $ 601.75 4 2 $ 35.01 $ 118.86 $ 178.30 $ 237.73 $ 297.16 4 3 $ 80.23 $ 160.47 $ 240.70 $ 320.93 $ 401.16 4 4 $ 106.98 $ 213.95 $ 320.93 $ 427.91 $ 534.89 4 5 $ 133.72 $ 267.44 $ 401.16 $ 534.89 $ 668.61 4 6 $ 160.47 $ 320.93 $ 481.40 $ 641.86 $ 802.33 5 2 $ 74.29 $ 148.58 $ 222.87 $ 297.16 $ 371.45 5 3 $ 100.29 $ 200.58 $ 300.87 $ 401.16 $ 501.46 5 4 $ 133.72 $ 267.44 $ 401.16 $ 534.89 $ 668.61 5 5 $ 167.15 $ 334.30 $ 501 .46 $ 668.61 $ 835.76 5 6 $ 200.58 $ 401.16 $ 601.75 $ 802.33 $ 1,002.91 6 2 $ 89.15 $ 178.30 $ 267.44 $ 356.59 $ 445.74 6 3 $ 120.35 $ 240.70 $ 361.05 $ 481.40 $ 601.75 6 4 $ 160.47 $ 320.93 $ 481.40 $ 641.86 $ 802.33 6 5 $ 200.58 $ 401.16 $ 601.75 $ 802.33 $ 1,002.91 6 6 $ 240.70 $ 481.40 $ 722.10 $ 962.79 $ 1,203.49 EXHIBIT G - PAGE 1 Commercial Recycling Rates PROPOSED NEW RATES J I 1 2005 UIV , Number Container Number of Times Container Serviced Weeklv Containers Size 1xWk 2xWk 3xWk 4xWk 5xWk 1 2 $ 44.91 $ 44.91 $ 59.00 $ 78.66 $ 98.33 1 3 $ 44.91 $ 44.91 $ 88.49 $ 117.99 $ 147.49 1 4 $ 44.91 $ 44.91 $ 117.99 $ 157.32 $ 196.66 1 5 $ 44.91 $ 88.49 $ 132.74 $ 176.99 $ 221.24 1 6 $ 44.91 $ 106.19 $ 159.29 $ 212.39 $ 265.48 2 2 $ 44.91 $ 44.91 $ 117.99 $ 157.32 $ 196.66 2 3 $ 44.91 $ 106.19 $ 159.29 $ 212.39 $ 265.48 2 4 $ 44.91 $ 141.59 $ 212.39 $ 283.18 $ 353.98 2 5 $ 88.49 $ 176.99 $ 265.48 $ 353.98 $ 442.47 2 6 $ 106.19 $ 212.39 $ 318.58 $ 424.78 $ 530.97 3 2 $ 44.91 $ 117.99 $ 176.99 $ 235.99 $ 294.98 3 3 $ 88.49 $ 159.29 $ 238.94 $ 318.58 $ 398.23 3 4 $ 106.19 $ 212.39 $ 318.58 $ 424.78 $ 530.97 3 5 $ 132.74 $ 265.48 $ 398.23 $ 530.97 $ 663.71 3 6 $ 159.29 $ 318.58 $ 477.87 $ 637.16 $ 796.45 4 2 $ 44.91 $ 157.32 $ 235.99 $ 314.65 $ 393.31 4 3 $ 106.19 $ 212.39 $ 318.58 $ 424.78 $ 530.97 4 4 $ 141.59 $ 283.18 $ 424.78 $ 566.37 $ 707.96 4 5 $ 176.99 $ 353.98 $ 530.97 $ 707.96 $ 884.95 4 6 $ 212.39 $ 424.78 $ 637.16 $ 849.55 $ 1,061.94 5 2 $ 98.33 $ 196.66 $ 294.98 $ 393.31 $ 491.64 5 3 $ 132.74 $ 265.48 $ 398.23 $ 530.97 $ 663.71 5 4 $ 176.99 $ 353.98 $ 530.97 $ 707.96 $ 884.95 5 5 $ 221.24 $ 442.47 $ 663.71 $ 884.95 $ 1,106.19 5 6 $ 265.48 $ 530.97 $ 796.45 $ 1,061.94 $ 1,327.42 6 2 $ 117.99 $ 235.99 $ 353.98 $ 471.97 $ 589.97 6 3 $ 159.29 $ 318.58 $ 477.87 $ 637.16 $ 796.45 6 4 $ 212.39 $ 424.78 $ 637.16 $ 849.55 $ 1,061.94 6 5 $ 265.48 $ 530.97 $ 796.45 $ 1,061.94 $ 1,327.42 6 6 $ 318.58 $ 637.16 $ 955.75 $ 1,274.33 $ 1,592.91 EXHIBIT G - PAGE 2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE GENERAL RATE SHEET OF THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT (EXHIBIT G) WHEREAS, the Amended and Restated Solid Waste and Recycling Franchise Agreement (Agreement) with Pacific Waste Services (Pacific) provides for the administrative application of an annual rate adjustment and a market adjustment in the Large Quantity Generators (LQG) recycling rates for mixed paper and green waste after the State has notified the City that it has achieved the 50% State mandated diversion goal outlined in the California Integrated Waster Management Act of 1989 (AB939); and WHEREAS, based upon the terms of the Agreement, Pacific does not qualify for the annual rate adjustment but does qualify for the market adjustment in the LQG rates; and WHEREAS, staff is also proposing modifications to specific line items on the Rate Sheets to provide clarity, remove unnecessary items, move service line items into more appropriate categories and propose rate reductions and adjustments that better serve customer and generator needs as identified on the attached Exhibit G to the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve modifications contained in Exhibit G the General Rate Sheet of the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement, attached hereto and incorporated herein. PRESENTED BY: APPROVED AS TO FORM BY: ~ ¡(J~ 1M Michael Meacham Director of Conservation and Environmental Services J:\attomey\reso\finance\rnodify gen. rate sheet - solid waste 11-:3'7 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 2.5% INCREASE IN THE FRANCHISE FEE AS APPLIED TO THE SMALL QUANTITY GENERATOR RATE CATEGORY OF THE SOLID WASTE AND RECYCLING FRANCHISE AGREEMENT WHEREAS, the City has the authority pursuant to state law and city charter to enter in franchise agreements and collect an associated franchise fee; and WHEREAS, the Amended and Restated Solid Waste and Recycling Franchise Agreement (Agreement) between the City of Chula Vista and Pacific Waste Services (Pacific) was entered into in approximately 1987; and WHEREAS, at the time of entering into that agreement the fÌanchise fee was set and an increase to that fee has not been passed on to the ratepayer's of Chula Vista since that time; and WHEREAS, under the terms and conditions of the Agreement Pacific has not qualified for the annual rate adjustment; and WHEREAS, this provides a unique opportunity for the City to adjust the franchise fee without placing an undue burden upon the residents and businesses of the City while ensuring the City's ability to continue to provide a high level of service to the ratepayers; and WHEREAS, staff is proposing that a franchise fee adjustment of 2.5% be added to the Small Quantity Generator Rates for fiscal year 2004-2005; and WHEREAS, the adjustment would have essentially the same impact to ratepayers in this class that they have experienced for the last five years under the current franchise agreement; and WHEREAS, the "blended" or "averaged" increase is $0.37 per household; and WHEREAS, the proposed increase is not projected to change the City's relative position to rates in other cities within the County. / /- 3.~ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve a 2.5% increase in the franchise fee as applied to the Small Quantity Generator Rate Category of the Solid Waste and Recycling Franchise Agreement. PRESENTED BY: APPROVED AS TO FORM BY: Michael Meacham Director of Conservation and Environmental Services f:Æ/~ ~~(.Jýt.~N-~ Ann Moo City Attorney J:\attorney\reso\finance\franchise fee increase - solid waste2 / / ,,31 COUNCIL AGENDA STATEMENT{PRIV ATE} Item No: ) ;¿. Meeting Date: ~ ITEM TITLE: REPORT; Status Report on the General Plan Update SUBMITTED BY: Director of Planning and Building .~ REVIEWED BY: CityManager~9~ ~ (4/5thsVote: Yes- No....x...) Staff has provided periodic status updates to the City Council on the progress of the General Plan Update; the last of which was in April 2004. This report covers recent activities along with those anticipated over the next several months, through completion. RECOMMENDATION: That the City Council accept the report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This report and the accompanying presentation are structured to cover the following three topics: . Overview of activities since the last status report in April 2004. Overview of remaining activities to complete the GPU Sununary of focus topics being addressed by the GPU effort . . The subsequent report provides a very brief sununary of each topic, which will be further elaborated upon by staffs oral and slide presentation. Activities since April 2004 Over the last three months, efforts have been focused in two areas; (I) review and discussion of a "preferred" land use alternative with the Steering Committee, and (2) drafting and review of the General Plan Elements (text) with the three GPU Subcommittees. Staff has been meeting with the Steering Committee approximately twice per month to review the various alternatives evaluated for the northwest, southwest and EastiOtay Ranch Areas. On June 14, the Steering Committee completed its review and recommendations on their preferred alternative for all three Areas. Those recommendations were then presented by the Steering Committee at a public meeting on June 21 at Hilltop High School. Those in attendance were generally supportive of the alternatives, but still submitted a number of comments and questions. Staff is preparing a sununary of those and the Committeelstaff responses for posting on our website. At present, there are only a few areas where staff has a differing recommendation than the Committee. Our next step is to complete the maps and land use statistics for use in conducting final evaluations for technical reports and use in the Draft EIR. /2 -I Page 2, Item No.:~ Meeting Date: ...7L1..3LlliI With regard to preparation of the GP Elements (text and policies), each of the Subcommittees has been meeting one or more times per month, and have now completed drafts of the Economic Development Element, Public Facilities Element, and the Environmental Element. Staff's work is currently focused on the Land Use & Transportation Element and Growth Management Element which will then be reviewed with the particular committees during July. Remaining Activities to Complete the General Plan Update We are now in the fourth and final phase of the GPU project that involves the preparation of final General Plan documents and the formal public review, hearings and adoption process. This work will take place over the next four months as follows: August September OctoberlNovember July - conduct evaluations of the Steering Committee and staff preferred alternatives. - complete Draft GP Elements. - issue EIR Notice of Preparation. - complete Draft EIR. - release documents for fo=al public review. - conduct public hearings. Focus Topics Being Addressed- As noted in past reports, this GPU comes at a particularly important time as the City poises itself to address continuing regional growth pressures, the revitalization and redevelopment of western Chula Vista and the bayfront, and the completion of strategic planning for the university site and surrounding area in eastern Chula Vista including a regional technology park. Although implementation of these efforts will be effectuated through subsequent specific planning and zoning provisions, the GPU must provide sound policies and guidance. Given the importance and pace of these efforts, careful evaluation of the practicality of the related GPU policy framework is necessary. In order to achieve this, we have taken the time and effort to evaluate in greater detail how practical implementation will occur, and will provide a summary of our work in the areas of economic development, university site planning, growth management and public facility and service financing analysis. Fiscal Impact: Not applicable. J:\PlanningIEDlGP Work Prograrns\CC Status Report 07-13-04 Al 13.doc /2--2