HomeMy WebLinkAboutAgenda Packet 2004/07/20
CITY COUNCIL AGENDA
July 20, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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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
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July 20,2004
CALL TO ORDER
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
OffiPe..ofJtw City Clerk and that I posted this
do~nl.ld~the bulletin board 8QQOrQing &0
Brown Act requirementa. ~~
'i7 / ~ 6:00 P.M.
Dated II (g () <f Signed .
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 13)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of the Regular Meetings of June 8 and June 15, the Special
Meeting of June 8, and the Adjourned Regular Meeting of June 23, 2004.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
· Memorandum from Councilmember Rindone requesting an excused absence from
this meeting.
Staff recommendation: Council excuse the absence.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE
SECTION 20434, ANY OFFICERS OR EMPLOYEES OF A FIRE DEPARTMENT
EMPLOYED TO PERFORM DUTIES OF FIREFIGHTING, FIRE PREVENTION,
FIRE TRAINING, HAZARDOUS MATERIALS, EMERGENCY MEDICAL
SERVICES, OR FIRE OR ARSON INVESTIGATION SERVICES RECLASSIFIED AS
"LOCAL FIRE FIGHTERS" (SECOND READING)
The City is amending both the miscellaneous and safety contracts between the Board of
Administration of the California Public Employees' Retirement Board and the City of
Chula Vista to expand the de[mition of "Local Fire Fighters" to include the employees of
the Fire Prevention Bureau who are involved in prevention, and fire and arson
investigation services. This ordinance was introduced on June 15, 2004. (Director of
Human Resources)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET FROM THE 1-
805 NORTHBOUND RAMPS TO TERRA NOVA DRIVE (SECOND READING)
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 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. This ordinance was introduced on July 13,
2004. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
5. 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 PARKLAND ACQUISITION AND
DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND ACQUISITION AND
DEVELOPMENT (SECOND READING)
Adoption of the ordinance amends the Municipal Code to ensure that the Parkland
Acquisition and Development fee is updated annually. This ordinance was introduced on
July 13, 2004. (Director of General Services)
Staff recommendation: Council adopt the ordinance.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LOCAL STREETS
PAVEMENT REHABILITATION PROGRAM (PROJECT STL-293)
The work includes removal and repaving of selected street areas, cold milling, pavement
overlay, replacement of traffic signal loop detectors, traffic control, striping and marking.
Adoption of the resolution accepts bids for this project and awards the contract to SRM
Contracting & Paving for $2,079,254. (Director of General Services)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH DOUGLAS
E. BARNHART, INC., TO INCORPORATE THE GUARANTEED MAXIMUM PRICE
(GMP) FOR THE DESIGN AND CONSTRUCTION OF VETERANS PARK (CIP
PR238), LOCATED ALONG EAST PALOMAR BETWEEN DAVIES DRIVE AND
MEDICAL CENTER COURT IN EASTERN CHULA VISTA, APPROPRIATING
FUNDS NECESSARY TO COMPLETE THE PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT (4/5THS VOTE REQUIRED)
Page 2 - Council Agenda July 20, 2004
The Council previously approved CIP project PR-238 and the Master Plan for Veterans
Park, which conceptually designed and provided for the construction of a completed and
fully functional park and recreation center. On May 27, 2003, the Council approved a
design build agreement with Douglas E. Barnhart, Inc. for this facility. The agreement
contained a not-to-exceed price of $7,686,000, with the guaranteed maximum price
(GMP) to be set upon receipt of 90% construction drawings. The project is nearing the
end of the design phase and ready to start the construction phase. Adoption of the
resolution sets the GMP at $8,126,180. (Director of General Services)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING AND SETTING ASIDE CERTAIN CITY -OWNED REAL
PROPERTY CURRENTLY KNOWN AS DAVIES DRIVE FOR PARK AND
RECREATIONAL PURPOSES AS NECESSARY FOR THE COMPLETION OF
VETERANS PARK
Adoption of the resolution designates and sets aside a portion of certain City-owned lands
currently known as Davies Drive for park and recreational purposes. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN,
INC., FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NO.8,
LOCATED AT THE SOUTHWEST CORNER OF HAWTHORNE CREEK DRIVE
AND WOODS DRIVE IN THE EASTLAKE WOODS COMMUNITY OF CHULA
VISTA, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED)
Adoption of the resolution awards an agreement to Rudolph and Sletten, Inc., for the
provision of services required to design and construct Fire Station No.8, 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.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $52,449 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING
THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE CALIFORNIA SEAT
BELT COMPLIANCE CAMPAIGN, AND APPROPRIATING FUNDS THEREFOR
(4/5THS VOTE REQUIRED)
The Chula Vista Police Department has received additional funding from the Office of
Traffic Safety for the California Seat Belt Compliance Campaign. Funds provided by
this grant will be utilized to increase the level of seat belt enforcement hours on an
overtime basis for first line supervisors, officers, and administrative time to meet grant
reporting requirements. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda July 20, 2004
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLINING PARTICIPATION IN THE 2004/2005 JUVENILE ACCOUNTABILITY
INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING THE TRANSFER OF
$28,622 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE
THE REGIONAL JUVENILE INFORMATION SYSTEM
The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the
Juvenile Accountability Incentive Block Grant monies available through the California
Office of Criminal Justice Planning. A total of $779,542 is available to the San Diego
region, and it is proposed that all of the agencies in the County pool resources, which
would enhance accountability and put juvenile offenders back on track. (police Chief)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $6,766 FROM THE BUREAU OF JUSTICE ASSISTANCE,
AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR
BULLETPROOF VESTS, AND APPROPRIATING FUNDS THEREFOR (4/5THS
VOTE REQUIRED)
The Chula Vista Police Department has received funding from the Bureau of Justice
Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership
grant has awarded the Police Department with $6,765.98 to pay for fifty percent of the
cost of bulletproof vests. The grant will partially fund twenty-five vests; matching funds
will come from the Police Department budget. (police Chief)
Staffrecommendation: Council adopt the resolution.
13 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE RECLASSIFICATION OF ONE CBAG MANAGEMENT
ASSISTANT TO THE POSITION OF CBAG EXECUTIVE ASSISTANT AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
The California Border Alliance Group (CBAG) has requested the reclassification of one
of the CBAG Management Assistant to CBAG Executive Assistant. Chula Vista City
Charter section 500 requires that all unclassified positions not mentioned specifically in
Charter section 500 be added by Ordinance. Adoption of the ordinance amends
Municipal Code section 2.05.010 to add the unclassified position of CBAG Executive
Assistant. (police Chief)
Staff recommendation: Council adopt the resolution and place the ordinance on fIrst
reading.
Page 4 - Council Agenda July 20, 2004
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ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for jùture discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as .public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
14. CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Municipal Code Section 13.14.150 allows delinquent sewer service charges to be
assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection. (Director of Finance)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
15. CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Municipal Code Section 13.14.150 allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection. (Director of Finance)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
Page 5 - Council Agenda July 20, 2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
16. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2004/2005 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18,20,23,24,26,31 AND 33,
BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS
The City administers and maintains 24 open space districts that have been established
over the last 30 years. The districts provide a financing mechanism to maintain the
public open space areas associated with each particular development. The levy of an
annual assessment for FY 2004/05 will enable the City to collect sufficient funds to
provide these ongoing services. (Director of General Services, City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTmLES FOR OPEN SPACE
DISTRICTS 1 THROUGH 9, 15, 17, 18,20,23, 24, 26, 31 AND 33, BAY
BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS
17. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2004/05 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICT 10
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 10. (Director of General Services, City
Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTmLES FOR OPEN SPACE
DISTRICT 10
18. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/2005 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICT 11
Page 6 - Council Agenda July 20, 2004
This is one of four companion agenda items to the primary Open Space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 11. (Director of General Services, City
Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE
DISTRICT 11
19. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/2005 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICT 14
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 14. (Director of General Services, City
Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE
DISTRICT 14
20. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/05 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR
EASTLAKE MAINTENANCE DISTRICT NO.1
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and detail on the
proposed open space district assessments for Fiscal Year 2004/2005. The present item
includes information specific to Eastlake Maintenance District No 1. (Director of
General Services, City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR EASTLAKE
MAINTENANCE DISTRICT NO.1
Page 7 - Council Agenda July 20, 2004
21. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. ll-M (ROLLING HILLS RANCH)
On June 1, 2004, the Council initiated the Community Facilities District No. 11M (CFD
11M) fonnation proceedings. Adoption of the resolutions and ordinance concludes the
formal proceedings to establish CFD No. 11M. Special taxes levied within CFD 11M
will fund the perpetual operation, monitoring and maintenance of Multiple Species
Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant
Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub
Area III. 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. (Director of General Services, City Engineer)
Staff recommendation: Council continue the public hearing to August 3, 2004.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
22. CITY MANAGER'S REPORTS
23. MAYOR'S REPORTS
A. Ratification of appointment of Katherine Magallon to the Design Review
Committee.
B. Ratification of appointment of Margie Reese to the Housing Advisory
Commission.
C. Ratification of appointment of Gene Pellerin to the Veterans Advisory
Commission.
24. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957. 7).
25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GIS15582).
ADJOURNMENT to the Regular Meeting of August 3, 2004, at 4:00 p.m. in the Council
Chambers. The Meeting of July 27,2004 has been cancelled.
Page 8 - Council Agenda July 20, 2004
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
June 8, 2004 5:00 P.M.
A Special Meeting ofthe City Council of the City ofChula Vista was called to order at 5:00 p.m.
in the Council Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands and City Attorney Moore
ORAL COMMUNICATIONS
There were none.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Agency designated representative: David D. Rowlands, Jr.
Employee organization: Executive Managers
No reportable action was taken on this item.
2. 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 terms of franchise conveyance
No reportable action was taken on this item.
AD J 0 URNME NT
At 6:00 p.m., Mayor Padilla adjoumed the meeting to the Regular Meeting of June 8, 2004, at
6:00 p.m., in the Council Chambers. ~ku.~c1.( ð r>
.c.
Susan Blge ow, MM , City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
June 8, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09
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: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
A moment of silence was observed in memory of President Ronald Reagan.
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO GALE
LEWIS, PRESIDENT OF THE GOODRICH CHAPTER NATIONAL MANAGEMENT
ASSOCIATION, DECLARING THE WEEK OF JUNE 6 AS MANAGEMENT WEEK
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Gale Lewis.
. PRESENTATION BY THE BONITA VISTA HIGH SCHOOL BAND REGARDING
THEIR PERFORMANCE AT THE WORLD WAR II MEMORIAL DEDICATION IN
WASHINGTON, D.c.
Mayor Padilla recognized the Bonita Vista High School Band, the only high school marching
band in California to represent the state at the World War II memorial dedication in Washington,
D.C.
Neil Anderson, Bonita Vista Band Director, gave a brief history of the program and a report on
the trip to Washington D.C. He thanked the Council for its generous support of and
contributions to music and arts programs. He also presented souvenir pins to Councilmembers.
CONSENT CALENDAR
(Items 1 through 4)
Councilmember Rindone stated that he would be abstaining from Item No.3 due to a potential
conflict of interest.
1. ORDINANCE NO. 2965, 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) (SECOND READING)
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CONSENT CALENDAR (Continued)
Adoption of the 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.
This ordinance was introduced at the June 1, 2004 City Council Meeting. (Director of
Community Development)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION NO. 2004-185, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER
TO TAKE THE VARIOUS ACTIONS NECESSARY TO APPLY FOR LAND AND
WATER CONSERVATION FUND ASSISTANCE
On April 6, 2004 the Council authorized the Nature Center to apply for a grant from the
Land and Water Conservation Fund Program. Since that time, the City has been
informed that additional information needs to be included in the resolution. (Nature
Center Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2004-186, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS
TASK FORCE'S SELECTION OF THE FISCAL YEAR 2004/2005 PERFORMING
AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT
AWARD, TOTALING $45,000
A Performing and Visual Arts Task Force makes recommendations to the City Council
annually regarding arts grant awards. The task force is assisted by the Office of Cultural
Arts, which formally conducts the grant application process. Adoption of the resolution
approves the task force's recommendations for the grant recipients and their monetary
awards. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-187, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S CERTIFICATION
OF SOLE SOURCE STATUS AND APPROVING A DESIGN BUILD AGREEMENT
WITH RUDOLPH AND SLETTEN, INC. FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS
TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA
REMODEL), AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Page 2 - Council Minutes June 8, 2004
CONSENT CALENDAR (Continued)
The City Council previously approved CIP GG-175, which involves the redesign and
replacement of the Nature Center interior exhibits, including, but not limited to, new
structural and electrical components, access to exhibits for daily maintenance by staff,
plumbing and draining improvements, and overall configuration of exhibits to improve
visitor flow throughout the interior of the facility. (Director of General Services)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0, except
on Item No.3, which carried 4-0-1 with Councilmember Rindone abstaining due
to a possible conflict of interest.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
5. CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY
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
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 the Salt Creek gravity basin
benefit area. A development impact fee was set at $284 per equivalent dwelling unit
(EDU) 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 EDU. (Director of General Services,
City Engineer)
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.
There was no one in the audience wishing to speak on this item.
ACTION: Councilmember Rindone moved to continue the hearing to July 13, 2004.
Councilmember Davis seconded the motion, and it carried 5-0.
Page 3 - Council Minutes June 8, 2004
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ACTION ITEMS
Item No.7 was taken out of order and discussed prior to Item No.6
7. CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING STAFF TO 1)
IMPLEMENT THE MUNICIPAL ENERGY UTILITY FEASffiILITY STUDY
PREFERRED BUSINESS MODELS; 2) CONTINUE TO PURSUE A FRANCHISE
AGREEMENT WITH SDG&E FOR EXISTING ELECTRICITY UTILITY SERVICE
WITHIN THE CITY AND ALL EXISTING AND NEW NATURAL GAS SERVICE; 3)
RETURN TO COUNCIL WITH A STAFFING PLAN THAT REFLECTS CITY
COUNCIL'S DIRECTION TO IMPLEMENT ONE OR MORE MUNICIPAL ENERGY
BUSINESS MODELS; AND APPROPRIATING $500,000 FROM THE AVAILABLE
FUND BALANCE OF THE GENERAL FUND TO THE ADMINISTRATION
DEPARTMENT
On May 19, 2004, the Council listened to five and one-half hours of expert testimony and
public input regarding the potential development of a Chula Vista public utility. At that
time, the City Council directed staff to return to the June 8, 2004 Council meeting with a
resolution declaring the Chula Vista Municipal Energy Utility (established on June 5,
2001, by Ordinance No. 2835) a Community Choice Aggregator, and to further consider
the MEU Feasibility Study consultants' recommendations to implement selected MEU
business models. (Director of Conservation and Environmental Services)
Mayor Padilla requested that the City Clerk read into the record a letter from Alan H.
Richardson, President and CEO of the American Public Power Association, dated June 3, 2004,
commending the City for evaluating public power options for Chula Vista.
David Geier, representing San Diego Gas and Electric, recommended that the Council study the
details of the recommended proposal to include a 7/24 operation center to respond to customer
calls and emergencies; consider the costs of energy to replace down time of the power plant,
financial impacts on price fluctuations of natural gas, risk management and associated regulatory
uncertainties; and consider whether or not to move forward with an implementation plan for a
Community Choice Aggregator (CCA) when the rules for such a plan are not yet in place. Mr.
Geier encouraged the Council to ask the second level questions and consider whether a
municipal utility could offer better safety, reliability, and customer service.
Councilmember Davis questioned the delay by the Public Utilities Commission in implementing
the rules. Mr. Geier replied that the process is anticipated to continue for another year. He
added that SDG&E supports a CCA provided that there is no cost shifting.
Councilmember Rindone asked whether or not SDG&E has taken proactive steps towards
establishing the implementation of a CCA. Mr. Geier responded that the procedure is a
stakeholder process in which SDG&E is fully involved, and one that appears to be a lengthy
process.
Page 4 - Council Minutes June 8, 2004
ACTION ITEMS (Continued)
Albert Huang, representing the Environmental Health Coalition, spoke in support of staffs
recommendations, stating that local control would offer energy choices to the community. He
also stated that a CCA would provide an excellent opportunity to capitalize on renewables,
energy efficiency and conservation. Mr. Huang encouraged the Council to provide community
outreach and to obtain public involvement at the onset of the process.
Matthew Mansfield, representing San Diego Baykeeper, encouraged the Council to move
forward with a plan for a CCA and to foster renewable energy and community participation in
the process.
Pat Fry proposed solar and wind energy as primary sources of generation. She urged the Council
to think boldly, independently, and green.
Lupita Jiminez, representing the Green Party of San Diego, asked the Council to make a
commitment towards renewable energy and energy conservation.
Gerald Scott spoke in support of moving forward with a CCA, adding that for the long term, the
City should pursue development of an electrical generation supply strategy that could include
partial ownership of a new, state-of-the-art power plant constructed on the southernmost area of
the bayfront, which would allow the dismantling of the existing, inefficient power plant.
Mayor Padilla stated that the Council should proceed cautiously with the options presented for
consideration and draw upon a broad range of expertise in the industry. He expressed his
appreciation for the testimony and input by SDG&E on the issue, but added that it was
regrettable that SDG&E elected to withdraw from providing input on the various issues
associated with the implementation of a CCA until after the work by the consultants was
completed. Mayor Padilla stated that the Council recognizes the complexity of the issue and is
proceeding in a prudent manner to do what is best for the community.
Councilmember Davis stated that it is evident that a place exists for the City to move forward
with a CCA. She was hopeful that the Public Utilities Commission would move forward with
the formation of the regulations and that SDG&E would assist with the process in a timely
manner.
Deputy Mayor Salas stated that the Council is committed to seeking good alternatives for the
community that would provide choice and local control over energy options.
Councilmember Rindone commented that the Council intends to take a phased approach in each
aspect of the proposed work program and to reinvest revenues back into the community.
Councilmember McCann stated that, ultimately, the City is looking for ways to reduce energy
costs for its citizens, and he looked forward to working collaboratively with future stakeholders
to seek better solutions for the citizens of Chula Vista that would provide reliable, safe power at
a lower cost.
Page 5 - Council Minutes June 8, 2004
ACTION ITEMS (Continued)
ACTION: Mayor Padilla offered Resolution No. 2004-189, heading read, text waived:
RESOLUTION NO. 2004-189, RESOLUTION OF THE CHULA VISTA
CITY COUNCIL OF THE CITY OF CHULA VISTA 1) DIRECTING
STAFF TO IMPLEMENT THE MUNICIPAL ENERGY UTILITY
(MEV) FEASffiILITY STUDY PREFERRED BUSINESS MODELS BY
A) PREPARING AND SUBMITTING A COMMUNITY CHOICE
AGGREGATION (CCA) IMPLEMENTATION PLAN TO THE
CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC); B)
PREPARING AND CIRCULATING REQUESTS FOR PROPOSALS
FOR GREENFIELD DEVELOPMENT (GD) AND CCA SERVICE
PROVIDERS; C) ACTIVELY PARTICIPATE AT CPUC IN MATTERS
THAT MAY IMPACT THE CITY MEU PLANS, OTHER CITY
ACTIVITIES, AND RATEPAYER ADVOCACY ISSUES; AND D)
PREPARE AN ORDINANCE DECLARING THE CITY MEU A CCA;
2) DIRECTING STAFF TO CONTINUE TO PURSUE A FRANCHISE
AGREEMENT WITH SDG&E FOR EXISTING ELECTRICITY
UTILITY SERVICE WITHIN THE CITY AND ALL EXISTING AND
NEW NATURAL GAS SERVICE; 3) DIRECTING STAFF TO
RETURN TO COUNCIL WITH A STAFFING PLAN THAT
REFLECTS CITY COUNCIL'S DIRECTION TO IMPLEMENT ONE
OR MORE MUNICIPAL ENERGY BUSINESS MODELS; AND 4)
APPROPRIATING $500,000 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND TO THE ADMINISTRATION
DEPARTMENT
The motion carried 5-0.
At 7:13 p.m., Councilmember Davis left the dais at this time.
6. CONSIDERATION OF AUTHORIZATION OF THE ISSUANCE OF SPECIAL TAX
BONDS FOR IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT
NO. 06-1 AND APPROVAL OF DOCUMENTS AND ACTIONS IN CONNECTION
WITH THE ISSUANCE OF SUCH BONDS
On October 10, 2002, the Council heard election results declaring that 100% of the votes
cast were in favor of the authorization to issue bonds of the district for Improvement
Areas A and B. The ordinance to authorize the levy of a special tax in Improvement
Areas A and B was also introduced. On December 17, 2002, bonds were sold for
Improvement Area A for $39 million. Of this $39 million, approximately $11.3 million
has already been reimbursed to the EastLake Company. (Director of General Services,
City Engineer)
ACTION: Deputy Mayor Salas offered Resolution No. 2004-188, heading read, text waived:
Page 6 - Council Minutes June 8, 2004
ACTION ITEMS (Continued)
RESOLUTION NO. 2004-188, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 06-1 (EASTLAKE - WOODS, VISTAS,
AND LAND SWAP), AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT FOR
IMPROVEMENT AREA B THEREOF, APPROVING THE FORM OF
BOND INDENTURE, BOND PURCHASE AGREEMENT AND
OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN
CONNECTION WITH THE ISSUANCE OF SUCH BONDS
The motion carried 4-0, with Councilmember Davis absent.
8. CONSIDERATION OF AN INTERIM REPORT ON THE 2004 SEWER SERVICE
RATE UPDATE BY BLACK AND VEATCH AND ADOPTION OF AN ORDINANCE
AMENDING THE MUNICIPAL CODE SECTION RELATING TO SEWER SERVICE
CHARGE VARIANCES FOR RESIDENTIAL CUSTOMERS
On July 22, 2003, the Council approved an amendment to the master fee schedule by
restructuring the sewer service rates and approving a four-year sewer service rate
schedule. Subsequently, on February 17, 2004, to address some of the concerns raised by
citizens regarding the new structure, the Council authorized staff to retain a new
consultant, Black & Veatch, to update the Wastewater User and Rate Restructuring
Study, which was prepared by PBS&J. (Director of General Services, City Engineer)
City Civil Engineer Al-agha introduced Jacob Boomhouwer, the City's consultant, who
presented an update on the 2004 sewer service rates.
Councilmember Rindone stated that he would support staff's recommendations with the revision
ofthe appeal process, and he asked staff to return with a report in fiscal years 2005/2006.
Councilmember McCann suggested future consideration of capping the sewer service fees.
ACTION: Councilmember Rindone moved to accept the interim report and direct staff to
finalize the report and present specific recommendations in Fiscal Years
2005/2006; and he offered the ordinance for first reading, heading read, text
waived:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE
SECTION 13.14.140 RELATING TO THE SEWER SERVICE CHARGE
VARIANCES BY ADDING AN APPEAL PROCESS FOR
RESIDENTIAL CUSTOMERS
The motion carried 4-0, with Councilmember Davis absent.
Page 7 - Council Minutes June 8, 2004
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the workshop with the Growth Management Oversight
and Planning Commissions, originally scheduled for June 9, 2004, has been postponed to June
23,2004, at 6:00 p.m. at the John Lippitt Center.
City Manager Rowlands announced that, with the exception of safety personnel, City offices will
be closed on Friday, June 11, 2004, in memory of President Ronald Reagan.
10. MAYOR'S REPORTS
There were none.
11. COUNCIL COMMENTS
. Councilmember McCann: Consideration of the Council to take a position to
support AB2297 (Vargas), Imported Candy: Lead Contamination.
Councilmember McCann reported on recent studies that have revealed unsafe levels of lead in
two types of candy imported from Mexico to the United States.
ACTION: Councilmember McCann moved to support the measure and send a letter so
indicating to Assemblyman Vargas. Councilmember Salas seconded the motion
and it carried 4-0, with Councilmember Davis absent.
Mrs. Palomino, community organizer for the Environmental Health Coalition, thanked the
Council for its support and reported that candy collected in the community has been sent for
laboratory analysis. Deputy Mayor Salas wished to see some kind of public education
component tied to the issue. Mayor Padilla extended his congratulations to Assemblyman
Vargas for his leadership on the issue. Councilmember McCann noted that funding for
educational programs and enforcement on the matter is included in the bill.
Deputy Mayor Salas complimented Mayor Padilla on his State of the City address and for
selecting Memorial Bowl for the event.
Councilmember Rindone also congratulated Mayor Padilla on his State of the City address.
CLOSED SESSION
Closed Session was cancelled, and the following items were not discussed:
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Ray v. Tsunoda, et aI., (USDC 03CV1884-DMS (POR)
Page 8 - Council Minutes June 8, 2004
CLOSED SESSION (Continued)
13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. Agency designated representative: David D. Rowlands, Jr.
. Employee organization: Executive Managers
14. 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 terms of franchise conveyance
ADJOURNMENT
At 7:58 p.m., Mayor Padilla adjoumed the meeting to the Regular Meeting of June 15, 2004, at
6:00p.m. in the Council Chambers.
~~%~i€) -->
Susan Bigelow, MMC, CIty Clerk
Page 9 - Council Minutes June 8, 2004
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
June 15,2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:15
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, and Mayor
Padilla
ABSENT: Councilmembers: Salas
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
. PRESENTATION BY DAVID MCCLURG, PRESIDENT OF THE DOWNTOWN
BUSINESS ASSOCIATION, OF THE CAL-ED AWARD TO THE CITY COUNCIL
FOR THE DOWNTOWN MONUMENT SIGN
Jack Blakely, representing the Downtown Business Association, presented the award for the
downtown monument sign, and Community Development Director Madigan accepted it on
behalf of the Council. She then recognized staff members Byron Estes, Xavier DeValle and
Patricia Beard, who were instrumental in the development of the monument sign project.
CONSENT CALENDAR
(Items 1 through 21)
Councilmember McCann announced that he would abstain from voting on Items 5 and 9 due to
the proximity of his residence to the assessment districts. With reference to Items 10 and 12
regarding affordable housing, Councilmember McCann spoke about the need to continue a City
policy that offers homeownership opportunities to families in the community.
Councilmember Davis spoke regarding Item 20, stating that she was pleased and proud of the
City Manager, City Attorney, and City Clerk, who are deserving of their pay raises.
Mayor Padilla recognized Councilmember McCann for his leadership on the issue of low-
moderate income housing.
With reference to Item 12, Councilmember Rindone commended TriMark and City staff for
developing affordable four-bedroom homes.
I
CONSENT CALENDAR (Continued)
1. ORDINANCE NO. 2966, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION
13.14.140 RELATING TO THE SEWER SERVICE CHARGE VARIANCES BY
ADDING AN APPEAL PROCESS FOR RESIDENTIAL CUSTOMERS (SECOND
READING)
On July 22, 2003, the Council approved an amendment to the master fee schedule by
restructuring the sewer service rates and approving a four-year sewer service rate
schedule. Subsequently, on February 17, 2004, to address some of the concerns raised by
citizens regarding the new structure, the Council authorized staff to retain a new
consultant, Black & Veatch, to update the Wastewater User and Rate Restructuring
Study, which was prepared by PBS&J. This ordinance was introduced on June 8, 2004.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION NO. 2004-190, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
ROHR PARK PARKING LOT LIGHTING (PROJECT PR252) TO A.B. HASHMI,
INC., IN THE AMOUNT OF $114,995 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID CONTRACT
On May 25, 2004, sealed bids were received for this project. The work includes material
and labor to install parking lot lights and walkway lights, replacement of existing 200
AMP and service panel, and provision and installation of a new time clock per contract
specifications at Rohr Park. (Director of General Services)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2004-191, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL
FUND TO REIMBURSE DEVELOPER FOR COSTS ASSOCIATED WITH TRAFFIC
SIGNAL RELOCATION AT FOURTH A VENUE AND C STREET
As part of planned redevelopment at the southeast corner of Fourth Avenue and C Street,
the existing traffic signal has been relocated by the developer at a cost of $78,299.
Adoption of the resolution appropriates funds to reimburse the developer for those costs
from available traffic signal funds. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-192, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY THE
EASTLAKE COMPANY, LLC, FOR OTAY LAKES ROAD AND OLYMPIC
PARKWAY
Page 2 - Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
Eastlake Company completed the construction of two projects to widen Otay Lakes Road
and one project to complete Olympic Parkway and submitted payment requests for
reimbursement from Community Facilities District No. 06-1. Each payment request
includes change orders that require Council approval prior to reimbursement from bond
proceeds and receipt of Transportation Development Impact Fee (TDIF) credit. (Director
of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2004-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY
BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
The City administers and maintains 24 open space districts that have been established
over the last 30 years. The districts provide a fmancing mechanism to maintain the
public open space areas associated with each particular development. The levy of an
annual assessment for Fiscal Year 2004/2005 will enable the City to collect sufficient
funds to provide these ongoing services. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2004-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 10; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 10. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2004-195, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 11; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
Page 3 - Council Minutes June 15, 2004
CONSENT CALENDAR (Continued)
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 11. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2004-196, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 14, DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 14. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2004-197, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR EASTLAKE
MAINTENANCE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING
THE ASSESSMENT
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and detail on the
proposed open space district assessments for Fiscal Year 2004/2005. This item includes
information specific to Eastlake Maintenance District No 1. (Director of General
Services, City Engineer)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2004-198, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING
REGULATORY AGREEMENT RELATED TO ROLLING HILLS RANCH
BETWEEN THE CITY AND SHEA HOMES AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
Adoption of the resolution approves an affordable housing regulatory agreement with
Shea Homes for the development of 32 for-sale units affordable to first-time, low-income
buyers. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
11 A. RESOLUTION NO. 2004-199, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 92-02, ROLLING HILLS RANCH NEIGHBORHOOD 4A - SEDONA;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS; AND APPROVING AN ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
B. RESOLUTION NO. 2004-200, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE
IRREVOCABLE OFFER OF DEDICATION OF PARCEL "3" FOR PUBLIC OPEN
SPACE AND OTHER PUBLIC PURPOSES PER PARCEL MAP NO. 18595
Adoption of the resolutions approves the final map for the Sedona project, the associated
improvement agreements for the project (Neighborhood 4A of Rolling Hills Ranch), and
approves the summary vacation of the Irrevocable Offer of Dedication of Parcel 3 for
public open space and other public purposes. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolutions.
12. RESOLUTION NO. 2004-201, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING
REGULATORY AGREEMENT RELATED TO SAN MIGUEL RANCH BETWEEN
THE CITY AND TRIMARK PACIFIC-MAR BRISA, LLC, AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolution approves an affordable housing regulatory agreement with
Trimark Pacific-Mar Brisa, LLC, for the development of 70 for-sale units affordable to
first-time, low-income buyers and 45 for-sale units affordable to moderate-income
buyers. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2004-202, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $300,000 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND, ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. GG-186 FOR THE REMOVAL OF THE
UNDERGROUND FUEL STORAGE TANKS AND CONTAMINATION
REMEDIATION AND RELATED WORK AT 707 F STREET, AWARDING A
CONTRACT FOR $26,000 TO JENAL ENGINEERING FOR TANK REMOVAL,
AND AWARDING A CONTRACT FOR $48,000 TO SUB-SURFACE WASTE
MANAGEMENT, INC., FOR THE PHASE II ENVIRONMENTAL ASSESSMENT
INVESTIGATION
The fuel island and the two underground fuel tanks at 707 F Street do not meet state
regulations as defined in SB989 and must be removed. Adoption of the resolution creates
the capital improvement program project to accomplish this work and appropriates funds
to remove the fuel island and tanks and remediate contaminated soil. The City stopped
using this fuel island in January of this year. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
14. RESOLUTION NO. 2004-203, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $300,000 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND AND ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. GG-187 FOR THE REPLACEMENT OF
TWO UNDERGROUND FUEL STORAGE TANKS AND THE REPLACEMENT OF
VARIOUS UNDERGROUND PIPING AT THE JOHN LIPPITT PUBLIC WORKS
CENTER
One of underground fuel storage tanks located at the John Lippitt Public Works Center
does not meet state regulations as deEmed in SB989 and must be removed. A second tank
that was installed in 1988 by SDG&E will be replaced as well. After the Public Works
Center was constructed, state regulations regarding underground fuel tanks were revised,
and, as a result, the underground piping must also be replaced. Adoption of the
resolution creates the capital improvement program project to accomplish this work and
appropriates the necessary funds. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
15 A. RESOLUTION NO. 2004-204, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OF INTENTION TO APPROVE AN AMENDMENT TO
THE SAFETY AND MISCELLANEOUS CONTRACTS BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION
20434, ANY OFFICERS OR EMPLOYEES OF A FIRE DEPARTMENT EMPLOYED
TO PERFORM DUTIES OF FIREFIGHTING, FIRE PREVENTION, FIRE TRAINING,
HAZARDOUS MATERIALS, EMERGENCY MEDICAL SERVICES, OR FIRE OR
ARSON INVESTIGATION SERVICES RECLASSIFIED AS "LOCAL FIRE
FIGHTERS," AND DIRECTING STAFF TO ADJUST THE 2004/2005 PROPOSED
BUDGET ACCORDINGLY
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE
SECTION 20434, ANY OFFICERS OR EMPLOYEES OF A FIRE DEPARTMENT
EMPLOYED TO PERFORM DUTIES OF FIREFIGHTING, FIRE PREVENTION,
FIRE TRAINING, HAZARDOUS MATERIALS, EMERGENCY MEDICAL
SERVICES, OR FIRE OR ARSON INVESTIGATION SERVICES RECLASSIFIED AS
"LOCAL FIRE FIGHTERS"
The City is amending both the Miscellaneous and Safety contracts between the Board of
Administration of the California Public Employees' Retirement Board and the City of
Chula Vista to expand the definition of "Local Fire Fighters" to include the employees of
the Fire Prevention Bureau who are involved in prevention and fire and arson
investigation services. (Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Page 6 - Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
16. RESOLUTION NO. 2004-205, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO
UNIFIED PORT DISTRICT FOR POLICE, FIRE AND EMERGENCY MEDICAL
SERVICES
Adoption of the resolution approves a three-year extension to the agreement between the
City of Chula Vista and the San Diego Unified Port District to provide police, fire and
emergency medical services to the San Diego Unified Port districts on Port District lands
adjacent to the City of Chula Vista. (Chief of Police)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION NO. 2004-206, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOD) BETWEEN THE CITY OF CHULA VISTA AND THE
CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT
OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER
SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR
RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH)
EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING
THE MAYOR TO EXECUTE THE MOU
The current MOU between the City and the Chula Vista Elementary School District, in
effect until June 30, 2004, authorizes the operation of two after-school programs at
elementary school sites. The STRETCH Program, with its emphasis on literacy and arts
enrichment, is currently offered at seven district schools. The existing MOU also
authorizes the operation of a structured sports and recreation program called DASH
(Dynamic After School Hours) at 21 district schools. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION NO. 2004-207, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR
THE CITY OF CHULA VISTA FOR FISCAL YEAR 2004/2005
Article XIIIB of the California Constitution, approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to establish
an appropriations limit by resolution. The purpose of the limit is to restrict spending of
certain types of revenues to a level predicated using a base-year amount and increased
annually by an inflation factor. (Director of Finance)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
19. RESOLUTION NO. 2004-208, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN ADJUSTMENT OF THE MAYOR AND
CITY COUNCIL BENEFITS PACKAGES AND DIRECTING STAFF TO ADJUST
THE FISCAL YEAR 2005 PROPOSED BUDGET ACCORDINGLY
The proposed resolution directs staff to adjust the car allowance for the Council by $450
per month. In addition, it directs staff to increase the expense account for the Mayor by
$400 per month and the Council by $200 per month and increases the flexible benefit
amounts for the Council to be consistent with the Executive Flex Plan. Adoption of the
resolution approves these benefit adjustments. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
20. RESOLUTION NO. 2004-209, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SALARY EQUITY ADJUSTMENT FOR
THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER AND DIRECTING
STAFF TO ADJUST THE FISCAL YEAR 2005 PROPOSED BUDGET
ACCORDINGLY
The City recently surveyed the current salaries of the City Attorney, City Clerk and City
Manager and found they have fallen below their peer agencies throughout the state and
should be adjusted at this time to bring them up to the recommended amount. Adoption
of the resolution approves the salary equity adjustments. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
21. RESOLUTION NO. 2004-210, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING AND APPROVING A $50,000
"PROPOSITION 12" GRANT APPLICATION SUBMITTED TO THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION TO FUND THE
PLANTING OF 460 TREES IN THE CITY
On April 30, City staff submitted a grant application to the California Department of
Forestry and Fire Protection for $50,000 to fund a project to plant 460 trees in City public
"right-of-way" during calendar years 2005 and 2006. The goal of the project is to reduce
the impact of urban heat island effect on the City. Adoption of the resolution approves
the application for the grant. (Director of Environmental Services)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0, with
Deputy Mayor Salas absent, except: Items 5, 7, 8 and 9 carried 3-0-1 with Deputy
Mayor Salas absent and Councilmember McCann abstaining on Items 5 and 9 due
to the proximity of his residence to the assessment districts, Mayor Padilla
abstaining on Item 7 due to the proximity of his residence to the assessment
district; and Councilmember Davis abstaining on Item 8 due to the proximity of
her residence to the assessment district.
Page 8 - Council Minutes June 15,2004
ORAL COMMUNICATIONS
Steve Palma commended City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow for their leadership in the City.
Steve Bilson, representing Rewater Systems Incorporated, spoke regarding legal gray water
irrigation systems, stating that the largest gray water system in the County is being installed at a
strip mall in the City of Chula Vista. He requested Council's support of a letter to the Otay
Water District that would be forthcoming at the direction of Councilmember Rindone to
encourage the District's participation in the City's residential water reuse program.
PUBLIC HEARINGS
22. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING
SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING
THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C
ZONE
Adoption of the proposed urgency ordinance deletes a provision of the Municipal Code
that currently requires unified control of all land within a P-C Zone. It is offered as an
urgency measure due to matters of public health, safety and welfare associated with the
timely delivery of a needed public facility. (Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
pn the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Special Planning Projects Manager Hare reported on the proposed amendment.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Councilmember Davis offered Urgency Ordinance No. 2967-A, heading read, text
waived:
URGENCY ORDINANCE NO. 2967-A, URGENCY 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
The motion carried 4-0.
ACTION ITEMS
23. CONSIDERATION OF A REPORT REGARDING THE PROPOSED GROWTH
MANAGEMENT WORK PROGRAM
On May 27, 2004, the City's growth management consultant, Walter Kieser from
Economic and Planning Systems, Inc., presented a White Paper with options regarding
the City's growth management program. Based on the Council's response, a proposed
work program has been prepared. (Director of Planning and Building)
Page 9 - Council Minutes June 15,2004
ACTION ITEMS (Continued)
Mayor Padilla suggested that the item be continued so that all Councilmembers would be present
to address the proposed work program.
ACTION: Mayor Padilla moved to continue the item to June 23, 2004. Councilmember
McCann seconded the motion, and it carried 4-0.
24. CONSIDERATION OF ADOPTION OF AN ORDINANCE ESTABLISHING A
COMMUNITY CHOICE AGGREGATION PROGRAM
At its June 8, 2004 meeting, the Council approved staffs recommendation to begin to
implement a phased approach to the Municipal Energy Utility (MEV) business models
recommended by the MEU Feasibility Study, which included Community Choice
Aggregation. On June 8, 2004, the Council also directed staffto return with an ordinance
for its review and consideration declaring the Chula Vista MEU a Community Choice
Aggregator (CCA).
Albert Huang, representing the Environmental Health Coalition, requested that the Council direct
staff to initiate a stakeholder advisory committee to assure key community input in the City's
implementation plan. He stated that the Environmental Health Coalition is enthusiastic about
working with the City to develop a plan.
Gary Waayers, representing the Green Party of San Diego, commended the Council for its efforts
towards establishing a CCA. He commented that the City had taken the right approach at the
local level, which he believed would open doors to future possibilities and provide leadership for
other communities.
Lupita Jiminez, representing South Bay Greens, believed that the proposed plan would stabilize
rates in the City and provide quality local jobs for the community. She suggested development
of a short and long-term energy portfolio.
Alan Ridley, representing American Wind Energy Association, encouraged support of wind
energy in future plans. He suggested the creation of a campaign to conserve energy and expand
energy efficiency measures, which he believed would allow the City to reduce the cost of living
while increasing the quality oflife.
Councilmember Davis stated that the City should lobby other elected officials to become
involved and request the California Public Utilities Commission to move forward with setting up
fair and equitable regulations for a CCA.
Councilmember Rindone encouraged the community to access the City's web page for
information regarding the proposed plan for a CCA.
Councilmember McCann stated that the proposed plan would give residents power purchase
options at reduced costs.
Page 10 - Council Minutes June 15,2004
ACTION ITEMS (Continued)
Mayor Padilla stated that the proposed plan would allow the City to become a CCA, providing
the community the ability to elect a local power provider and to purchase power at a lower rate.
He encouraged the public to pay attention to dialogues on the issue, stating that the process is
risky, costly, controversial, and one that will be met with resistance.
ACTION: Mayor Padilla offered the following ordinance for first reading, heading read, text
waived:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING A COMMUNITY CHOICE AGGREGATION
PROGRAM IN ACCORDANCE WITH CALIFORNIA PUBLIC
UTILITIES CODE SECTIONS 218.3, 331.1, 366, 366.2, 381.1, 394,
AND 394.25, ALLOWING THE CITY OF CHULA VISTA, ACTING
AS THE MUNICIPAL ENERGY UTILITY, TO AGGREGATE THE
ELECTRICAL LOAD OF ELECTRICITY CONSUMERS WITHIN THE
CITY
The motion carried 4-0.
OTHER BUSINESS
25. CITY MANAGER'S REPORTS
City Manager Rowlands asked Conservation and Environmental Services Manager Meacham to
update the Council regarding a recent letter from the California Energy Commission. Mr.
Meacham reported that the Commission has requested a Chula Vista representative to sit on an
advisory panel to make recommendations on a climate protection program for California.
Meetings are to be held quarterly for one year, with the first meeting scheduled for July 15, 2004
in Sacramento. Mr. Meacham encouraged the Council to appoint an elected official as the
primary representative and possibly a staff member as alternate.
26. MAYOR'S REPORTS
. Ratification of appointment to the Human Relations Commission - Perny Cosca-
Reese
ACTION: Mayor Padilla moved to ratify the appointment of Perny Cosca-Reese to the
Human Relations Commission. Councilmember Davis seconded the motion and
it carried 4-0.
27. COUNCIL COMMENTS
There were none.
Page 11- Council Minutes June 15, 2004
~--- --------- ------
CLOSED SESSION
28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Rayv. Tsunoda, et aI., (USDC 03CV1884-DMS (POR)
No reportable action was taken on this item.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ACTION: Direction was given for the City of Chula Vista to join in the San Diego regional
water case.
30. 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 terms of franchise conveyance
This item was not discussed and no action was taken.
31. 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-l2-27, A-02-l2-028, and I 03-03-
016)
This item was not discussed and no action was taken.
ADJOURNMENT
At 8:00 p.m., Mayor Padilla adjoumed the meeting to an Adjoumed Regular Meeting on June
23,2004, at 6:00 p.m. at the John Lippitt Public Works Center. (The June 22, 2004 City Council
Meeting was cancelled).
~ ð-.LJ~~.J <). .>
Susan Bigelow, MMC, Ci Clerk
Page 12 - Council Minutes June 15,2004
MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL,
GROWTH MANAGEMENT OVERSIGHT COMMISSION,
AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA
June 23, 2004 6:00P.M.
Adjoumed Regular Meetings of the City Council, Growth Management Oversight Commission,
and Planning Commission of the City of Chula Vista were called to order at 6:39 p.m. in the at
the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California.
On roll call, there were:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla
Growth Management Oversight Commissioners: O'Neill, Krogh, Munoz,
Nordstrom, Palma, Spethman, Garcia, and Chair Tripp
Planning Commissioners: Cortes, Felber, Hall, Hom, Madrid, O'Neill, and Chair
Castaneda (arrived at 6:52 p.m.)
ABSENT: Growth Management Oversight Commissioner Arroyo
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow
1. CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT
COMMISSION'S 2003 ANNUAL REPORT
On May 3, 2004, the Growth Management Oversight Commission (GMOC) finalized its
2003 annual report to the City Council regarding compliance with the City's quality-of-
life threshold standards. The report covers the period from July 1, 2002 through June 30,
2003, identifies current issues in the second half of 2003 and early 2004, and finally
assesses threshold compliance concerns over the next five years. The report addresses
each threshold in terms of current compliance, issues, and corresponding
recommendations.
GMOC Chair Tripp made introductory remarks with regard to the 2004 GMOC report.
Mayor Padilla stated that in addition to reviewing the 11 standards currently in place, the GMOC
included in its report a number of concerns with respect to school thresholds and the secondary
school district. However, out of an abundance of faimess, it would be inappropriate to hold the
school district accountable to standards that have not been adopted and about which the district
has not been afforded the opportunity to provide input. He stated that the Council would defer
the components of the report that deal with education to a later date, after dialogues have
occurred between the City and district.
Page I - Council/GMOC/Planning Minutes JD June 23, 2004
GROWTH MANAGEMENT OVERSIGHT COMMISSION REPORT (Continued)
Planning and Building Director Sandoval briefly explained quality of life factors with regard to
growth through new development, growth through demographic change, department
performance standards, and existing needs.
Chair Tripp highlighted the changes by the GMOC over the past three years, namely public
outreach, future orientation, and a focus on western Chula Vista. He stated that seven of the 11
thresholds were met and two thresholds were in partial compliance.
At 6:58 p.m., Planning Commissioner Cortes announced that he would be recusing himself from
the FireÆMS portion of the report due to a potential conflict of interest and a professional
obligation to American Medical Response, the City's ambulance service provider. He then left
the room. Chair Tripp presented the FireÆMS segment of the report.
ACTION: Commissioner O'Neill moved to approve Planning Commission Resolution No.
PCM-04-02-A:
RESOLUTION NO. PCM-04-02-A, RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROVING THE FIRE/EMS ELEMENT OF THE
2003 GMOC ANNUAL REPORT, AND RECOMMENDING
APPROVAL BY THE CITY COUNCIL
Commissioner Hall seconded the motion, and it carried 6-0-1, with Commissioner
Cortes abstaining.
Commissioner Cortes returned to the meeting at 7:09 p.m.
Councilmember Rindone asked that the GMOC continue to monitor all priority 1 calls in excess
of 10 minutes and to include the thresholds in its annual report to the Council.
Peter Watry, representing Crossroads 1, commended the GMOC for its good work.
ACTION: Commissioner Cortes moved to continue the schools portion of the report.
Commissioner O'Neill seconded the motion, and it carried 7-0.
ACTION: Commissioner Hall moved to approve Planning Resolution No. PCM-04-02-B:
RESOLUTION NO. PCM-04-02-B, RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROVING THE 2003 GMOC ANNUAL
REPORT WITH THE EXCEPTION OF FIRE/EMS, AND
RECOMMENDING APPROVAL BY THE CITY COUNCIL
Commissioner Madrid seconded the motion, and it carried 7-0.
Page 2 - Council/GMOC/Planning Minutes June 23, 2004
GROWTH MANAGEMENT OVERSIGHT COMMISSION REPORT (Continued)
ACTION: Councilmember Davis moved offered Council Resolution No. 2004-215, heading
read, text waived, as amended to continue the schools portion ofthe report:
COUNCIL RESOLUTION NO. 2004-215, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE
2003 GMOC ANNUAL REPORT AND APPROVING THE
RECOMMENDATIONS CONTAINED THEREIN, AND DIRECTING
THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY
TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED
IN THE "2003 GMOC RECO MMENDA TI ONS/PRO POSED
IMPLEMENTING ACTIONS SUMMARY"
Councilmember McCann seconded the motion, and it carried 5-0.
ORAL COMMUNICATIONS
There were none.
ADJOURNMENT
At 8:50 p.m., the Chairs of the Planning and Growth Management Oversight Commissions
adjoumed their respective meetings to their next regular meetings. At 10:24 p.m., Mayor Padilla
adjoumed the City Council meeting to the next regular meeting of July 13, 2004, at 6:00 p.m. in
the Council Chambers.
~ð-Lr~'I~
Susan Bigelow, MMC, City Clerk
Page 3 - Council/GMOClPlamring Minutes June 23, 2004
~~--~- n__~___-~-----~--~
RECEIVED
Memorandum
July 12, 2004 '04 Jl 13 A9 :55
Revised CITY OF CHULA VIS r A
CITY CLERK'S OFFICE
To: Mayor and City Council
From: Sandra Hodge, Aide to Councilmember Rindone
Re: Request for Excused Absence
As Council member Rindone will be away from the City on school district
business, he will be unable to attend the July 20, 2004 City Council meeting. To
that end, he respectfully requests an excused absence. Thank you.
cc: City Manager
City Attorney
City Clerk
Community Development
2-
-------.-------------
í:)O?i\O~
ORDINANCE NO. f>.\)\~G f>.~\) þ.I
ff\) \\~
AN ORDINANCE OF THE CITY COUNC"£~~ THE CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE
SECTION 20434, ANY OFFICERS OR EMPLOYEES OF A FIRE
DEPARTMENT EMPLOYED TO PERFORM DUTIES OF
FIREFIGHTING, FIRE PREVENTION, FIRE TRAINING,
HAZARDOUS MATERIALS, EMERGENCY MEDICAL
SERVICES, OR FIRE OR ARSON INVESTIGATION SERVICES
RECLASSIFIED AS "LOCAL FIRE FIGHTERS"
The City Council of the City of Chula Vista does ordain as follows:
Section 1.
That an amendment to the contract between the Board of Administration, California
Public Employees' Retirement System and the City Council of the City of Chula Vista is
hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by
such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed
to execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect thirty (30) days after the date of its adoption, and
prior to the expiration of fifteen (15) days from the passage thereof shall be published at least
once in the Chula Vista Star News, a newspaper of general circulation, published and
circulated in the City of Chula Vista and thence forth and thereafter the same shall be in full
force and effect.
Presented by: Approved as to form by:
~~{~~t:~l-
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
J:/attorney/oed/fire dep!
3-;
t>.\)O?i\O~
D\~G t>.~\)
ORDINANCE NO. - S'é.CO~'ù ?~
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 Vehicle Code, Engineering and
Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020,
titled "Established Speed Limits In Certain Zones," the City Engineer, in the interest of
minimizing traffic hazards and for the promotion of public safety, has 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 of Chula 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 IT: A 50 mph speed limit for East H Street between Hidden Vista Drive and Terra
Nova Drive is hereby established.
SECTION ill: 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 45MPH
East H Street near ramp)
East H Street Hidden Vista Drive Terra Nova Drive 50 MPH
7'-/
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.- "7. H-~
Jack Griffin Ann Moore
Director of General Services City Attorney
J:AtlorneylOrdinoncelE H St Terra Noyo speed limit. doc
1-~
þ::OO?\\O~
ORDINANCE NO. O~\) ?tt>-\)\~() t>-~\)
c;,tC
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
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 alignment
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 of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 17.1 0.11 0 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 sòi6j eet toshall be
periodicill!y reviewed and amendLdmeat by the city council. The development portion of
the fee shall be adjusted. starting on October 1. 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. Adíustments to the fees based
upon the Construction Cost Index shall be automatic and shall not require further action
by the citv council. The park development component of the fee. as well as the land
acquisition component of the fee. may also be reviewed and amended bv citv council as
necessarv to reflect current market conditions. as well as sound emcineering, financing,
and planning information. Adjustments to the fees resulting from these discretionarv
reviews may be made bv resolution amending the master fee schedule.
(Ord. 2886 § 1,2002)
6~1
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
rem-~. þ1 CC~~
Jack Griffin Ann Mo r
Director of General Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula 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 )
5-J-
COUNCIL AGENDA STATEMENT
Item :/l
Meeting Date: 7/20/04
ITEM TITLE: Resolution Accepting bids, and awarding contract for the
"Local Streets Pavement Rehabilitation Program in the City of Chula
Vista, California (STL-293)" project.
SUBMITTED BY: Director of General Services ~~ .
REVIEWED BY: City Manager Q (4/5ths Vote: Yes_No-X)
On June 16, 2004, the Director of General Services received sealed bids for the "Local Streets
Pavement Rehabilitation Program in the City of Chula Vista, California (STL-293)" project. The
work to be done consists of the pavement rehabilitation of various city streets. The work to be
done includes removal and repaving of selected street areas, cold milling, asphalt concrete (AC)
pavement overlay, replacement of traffic signal loop detectors, traffic control, striping and
marking, and other miscellaneous items of work.
RECOMMENDATION:
1. That Council accept bids and award the contract for the "Local Streets Pavement
Rehabilitation Program in the City of Chula Vista, California (STL-293)" project to SRM
Contracting & Paving, of San Diego, California for $2,079,254.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Included in the FY2003-04 CIP Budget is a project for the rehabilitation of
deteriorating pavement throughout the city. Public Works Operations and Engineering Advance
Planning, through the Pavement Management System, developed a priority list of streets to be
included in the program. The Pavement Rehabilitation Program considers various methods of
pavement rehabilitation and maintenance such as rubberized flex seals, chip seals, and pavement
overlays.
The scope of work of this project consists of pavement rehabilitation of City streets using AC
pavement overlay. The work includes removal and repaving of selected street areas, cold
milling, AC pavement overlay, installation of pedestrian ramps, replacement of traffic signal loop
detectors, traffic control, striping and marking, and other miscellaneous items of work. The
streets to be rehabilitated are listed in Appendix "A". Approximately 22% of proposed work is
in the Montgomery area, and 78% west ofI-805 but not in the Montgomery area.
~-f
Page 2, Item ~
Meeting Date: 7/20/04
Engineering staff prepared plats and specifications and advertised the project. Staff received and
opened bids on June 16, 2004.
The City received bids from five (5) contractors as follows:
CONTRACTOR BID AMOUNT
Base Bid
1. SRM Contracting & Paving - San Diego, California $2,053,404.00
2. Hanson SJH Construction - San Diego, California $2,160,067.00
3. J.D. Paving, Inc. - San Marcos, California $2,181,422.60
4. Daley-CCAC - San Diego, California $2,318,790.00
5. Hazard Construction, Company - San Diego, California $2,318,930.00
The low bid submitted by SRM Contracting & Paving is below the engineer's estimate of
$2,480,325.00 by $426,921.00. Engineering staff has verified the references provided by the
contractor and their work has been satisfactory.
Staff has reviewed the low bid and is recommending awarding the contract with one additive
item, to SRM Contracting & Paving of San Diego, California for $2,079,254.00
The basis of award is the Base Bid. The Base Bid does not include any additive bid items. The
Additive item is summarized below in ascending order of contractor's Base Bid amount. The
contract grand total is also summarized below.
ADDITIVE ITEM
CONTRACTOR Detectable Warnings CONTRACT GRAND TOTAL
(Truncated Domes) for
Pedestrian Ramns
1. SRM Contracting & Paving $25,850.00 $2,079,254.00
2. Hanson SJH Construction $36,425.00 $2,196,492.00
3. J.D. Paving, Inc. $54,050.00 $2,235,472.60
4. Daley-CCAC $37,600.00 $2,356,390.00
5. Hazard Construction $47,000.00 $2,365,930.00
Disclosure Statement
Appendix "B" is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
~-~
Page 3, Item {o
Meeting Date: 7/20/04
Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus,
no further environmental review is necessary.
Wage Statement
Contractors bidding this project are not required to pay prevailing wages to persons employed by
them for the work under this project.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (SRM Contracting & Paving) $2,079,254.00
B. Contingencies (Approx. 15%) $315,000.00
C. Staff Costs - Design $25,000.00
D. Staff Costs - Inspection $70,000.00
E. Material Testing $50,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,539,254.00
FUNDS AVAILABLE FOR CONSTRUCTION
Trans Sales Tax (Transnet Fund) I $2,539,254.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION I $2,539,254.00
Funds for this project were appropriated as part of the FY 03/04 budget, therefore no additional
appropriations are required. Upon completion of the project, the improvements will require only
routine City street maintenance.
Attachments: A. List of streets to be rehabilitated.
B. Contractor's Disclosure Statement.
& -3
J:\GENERAL SERVICES\GS ADMINISTRATlON\COUNOL AGENDA\STL293 PAVEMENT REHAB FYO4\A1l3.STL293.0VERlAY.SOLO.DOC
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. ATTACHMENT "B"
. THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
- Pursuant to Council Policy 101-01, before any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
. election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
. application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
JJ/4
~
.
2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
. NIA
~
3. If any person. identified pursuant to (I) above is a non-profit organization or trust, list the names
. of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
. AlIA
.
4. Please identify every person, including any agents, employees, consultants, or independent
. contractors you have assigned to represent you before the City in this matter.
tV/!+
.
~
.
- 15
~ J: \ENGINEER\DESIGN\51U93\51U93 - OVERLAY -CONTRAcr.DOC
,,- ~7
~ i(J
------_,____n
I ATTACHMENT "B"
5. Has any person. associated with this contract had any financial dealings with an official.. of the
City of Chu1a Vista as it relates to this contract within the past 12 months? Yes_No..k-
I
I
I If Yes, briefly describe the nature of the financial interest the official.. may have in this contract..
I 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes_No---.2C........ If Yes, which Council member?
I 7. Have you or any member of your goveming board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
I years to a current member of the Chula Vista City Council? Yes_N°-.2L-If Yes, which
Council member?
I 8. Have you provided more than $300 (or an item of equivalent value) to an official.. of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
I retire a legal debt, gift, loan, etc.) Yes - No~ If Yes, which official.. and what was
the nature of item provided?
I Date: Jl\oe It. / 200'1
J 5f?t1 c.Ollrrç,c.'¡'¡,,"J l' .tJ..",ñc;
Print or type name of Contractor/Applicant
I . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
. .fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
I district, or other political subdivision, -or any other group or combination acting as a unit.
.. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
I Member of a board, commission, or committee of the City, employee, or staff members.
I
I 16
I J : \ENGlNEER\DESIGN\STl293\5Tl293- OVERLAY -CONTRACT. DOC
I G .~R
--- -- ---------..----
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "LOCAL STREETS PAVEMENT
REHABILITATION PROGRAM IN THE CITY OF CHULA
VISTA, CALIFORNIA (STL-293)" PROJECT
WHEREAS, on June 16, 2004, the Director of General Services received sealed bids for
the "Local Streets Pavement Rehabilitation Program in the City of Chula Vista (STL-293)"
project; and
WHEREAS, the City received bids from five (5) contractors as follows:
CONTRACTOR BASE BID AMOUNT
1. SRM Contracting & Paving - San Diego, California $2,053,404
2. Hanson SJH Construction - San Diego, California $2,160,067
3. J.D. Paving, Inc. - San Marcos, California $2,181,422
4. Daley-CCAC - San Diego, California $2,318,790
5. Hazard Construction, Company - San Diego, California $2,318,930
WHEREAS, the low bid submitted by SRM Contracting & Paving is below the
engineer's estimate of $2,480,325 by $426,921, or approximately 17%; and
WHEREAS, Engineering staff has verified the references provided by the contractor and
their work has been satisfactory; and
WHEREAS, Engineering staff has reviewed the low bid and is recommending awarding
the contract, with one additive item, to SRM Contracting & Paving of San Diego, California for
a grand total of $2,079,254; and
WHEREAS, the basis for awarding the bid are the base amounts listed above; and
WHEREAS, the City reserved the right in the bid documents to include any additive bid
items submitted by the winning contractor; and
WHEREAS, the following is a list of the additive item bid amounts, in ascending order of
the contractor's Base Bid Amount:
1<1
~_.
- ---- ----------------------
ADDITIVE ITEM
CONTRACTOR Detectable Warnings (Truncated
Domes) for Pedestrian Ramps
1. SRM Contracting & Paving $25,850
2. Hanson SJH Construction $36,425
3. J.D. Paving, Inc. $54,050
4. Daley-CCAC $37,600
5. Hazard Construction $47,000
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines.
NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does
hereby accept bids and award the contract for the "Local Streets Pavement Rehabilitation
Program in the City of Chula Vista, California (STL-293)" project, with one additive item, to
SRM Contracting & Paving of San Diego, California in the grand total amount of $2,079,254.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said contracts on behalf of the City of Chula Vista.
Presented by Approved as to form by
.D~ì.~
..,
Jack Griffin Ann Moore
Director of General Services City Attorney
J:\attomeylreso\bids STL-293
2
6 ~/o
COUNCIL AGENDA STATEMENT
Item: L
Meeting Date: 07/20/04
ITEM TITLE: Resolution approving the first amendment to the agreement
with Douglas E. Barnhart, Inc to incorporate the Guaranteed Maximum
Price (GMP) for the design and construction of Veterans Park (CIP
PR238) located along East Palomar between Davies Drive and Medical
Center Court in eastern Chula Vista, appropriate funds necessary to
complete the project and authorizing the Mayor to execute said
amendment.
SUBMITTED BY: Director of General Services ~ %-
REVIEWED BY: City ManageJ2) (4/5ths Vote: Yes -X.. No-->
The City Council previously approved CIP project #PR-238 and the Master Plan for Veterans
Park which conceptually designed and provided for the construction of a completed and fully
functional park and recreation center. On May 27, 2003, Council approved a Design Build
Agreement with Douglas E. Barnhart, Inc. for this facility. The Design Build Agreement
contained a not to exceed price of $7,686,000, with the GMP to be set upon receipt of 90%
construction drawings. The project is nearing the end of the design phase and ready to start the
construction phase in early July 2004. Tonight's resolution will set the Guaranteed Maximum
Price (GMP) at $8,126,180.
RECOMMENDATION:
That the City Council approve the first amendment of the Design Build Agreement incorporating
the GMP at $8,126,180 for the services required to design and construct Veterans Park (CIP
PR238) located along East Palomar between Davies Drive and Medical Center Court in eastern
Chula Vista, appropriating funds therefore and authorizing the Mayor to execute said
amendment.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On May 27, 2003, City Council approved an agreement with Douglas E. Barnhart, Inc. for the
services required to design and construct a completed and fully functional park and recreation
center, Veterans Park. As part of that agreement, a Guaranteed Maximum Price (GMP) is to be
established at 90% construction documents, which would include, but not be limited to, the cost
for all labor, equipment, and material to design and build a fully functional park and recreation
center in accordance with all applicable building codes. A not to exceed amount of $7,686,000
7-1
Page 2, Item: ~
Meeting Date: 07/20/04
was established, based upon rough schematic drawings, in the Design Build agreement. As the
design progressed and some of the complexities of this project became known, the actual GMP
as determined at the 90% construction drawing stage exceeded the not to exceed amount in the
original agreement.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
The Design-Build Agreement with Douglas E. Barnhart, Inc. provides the City with a fully
functional Veterans Park including the facilities and site-work required to provide recreational
and park service to residents of that community as well as other residents of the City. The
general scope of work and completion dates of the Original Agreement will be amended to
include but is not limited to the following:
Design and construct a completed and fully functional park and recreation center in
accordance with all applicable building codes. The park and recreation center shall
include, but not be limited to all components outlined and described in the schematic
design.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by 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.
FISCAL IMPACT:
PROJECT COSTS
GMP $8,126,180.00
City Staff Costs, Consultant and Oversight (incl. Special Inspections) $475,384.00
City Contingency $200,000.00
FF&E $150,000.00
TOTAL PROJECT COSTS $8,951,564.00
PROJECT FUNDS
Existing Appropriation $4,286,242.00
Request for Additional Appropriations necessary to complete the project:
Public Facilities Development Impact Fund (PFDIF) $4,492,875.00
Park Acquisition Development Fund (PAD) $172,447.00
TOTAL PROJECT FUNDS $8,951,564.00
Douglas E. Barnhart, Inc. has requested the GMP be set at $8,126,180. The GMP includes, but
IS not limited to, design services, general conditions, insurance, bonds, construction
7- ..l...
Page 3, Item: ~
Meeting Date: 07/20/04
management, the cost for all labor, equipment, and material to design and build a fully functional
park and recreation center in accordance with all applicable building codes. The total project
cost is $8,951,564. A previous appropriation of $4,286,242 was approved by Council thru the
FY 02-03 Budget Process. Approval of tonight's resolution will authorize an additional
appropriation of $4,665,322 (public Facilities Development Impact Fund and Park Acquisition
Development fund) as necessary to complete the project.
Attachment A - Amendment to the Design Build Agreement
¡:IGeneral ServiceslGS AdministrationlCouncil AgendaIVeterans ParkIVeterans Park GMP AI 13.doc
7-3
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH
DOUGLAS E. BARNHART, INC. TO INCORPORATE THE GUARANTEED
MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF
VETERANS PARK (CIP PR238) LOCATED ALONG EAST PALOMAR
BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT IN EASTERN
CHULA VISTA, APPROPRIATE FUNDS NECESSARY TO COMPLETE THE
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, the City Council previously approved CIP project #PR-238 and the
Master Plan for Veterans Park, which conceptually designed and provided for the
construction of a completed and fully functional park and recreation center; and
WHEREAS, on May 27, 2003, City Council approved a Design Build agreement with
Douglas E. Barnhart, Inc; and
WHEREAS, the Design-Build Agreement with Douglas E. Barnhart, Inc. requires Barnhart to
provide the City with a fully functional Veterans Park including a recreational center and associated
site work; and
WHEREAS, the Design Build Agreement contained a not to exceed price of$7,686,000, with
the Guaranteed Maximum Price (GMP) to be set upon receipt of90% construction drawings; and
WHEREAS, the project is nearing the end of the design phase and ready to start the
construction phase in early July, 2004; and
WHEREAS, the not to exceed price was set based upon the rough schematic drawings; and
WHEREAS, during the course of design, the complexities of the project became known,
which result in increased costs; and
WHEREAS, staff recommends setting the GMP at $8,126,180; 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
7-J/
- ~-~-~~~--~-~.~-_._~._--------
reviewed and approved by staff and the design builder.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe CityofChula Vista
does hereby approve the first amendment to the agreement with Douglas E. Barnhart, Inc. to
incorporate the GMP for the services required to design and construct Veterans Park (CIP PR238)
located along East Palomar between Davies Drive and Medical Center Court in eastern Chula Vista,
appropriating $4,665,322 therefore and authorizing the Mayor to execute said amendment.
Presented by Approved as to form by
~õl/df
Jack Griffin Moore
Director of General Services ity Attorney
J:lattorneylresolAmend Veterans Park - Barnhart
7-S-
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
45Jdi f¿l J!æ¡;
Ann Moore 0
City Attorney
Dated: June 25, 2004
First Amendment to the Design Build Agreement
between the City of Chula Vista and Douglas E. Barnhart, Inc.
for Design and Construction of Veterans Park
7-'
First Amendment To
the Design Build Agreement between the City of Chula Vista
and Douglas E. Barnhart Inc.
For Design and Construction of Veterans Park
This First Amendment is made and entered into this 20th day of July, 2004 by and between the
City of Chula Vista (herein "City"), a municipal corporation, and Douglas E. Barnhart, Inc.
(herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to
as Parties ("Parties")
RECITALS
WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated May 27,
2003 and approved by City Council Resolution 2003-227, whereby D/B provides design and
construction services to the City for the construction of a fully functional park and recreation
center including the facilities and site-work; and
WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed
amount of$7,686,000; and
WHEREAS, as the design progressed and some of the complexities of this project became
known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to
exceed amount in the original agreement; and
WHEREAS, D/B and City staff have value engineered the project to provide the best product at
the most effective price; and
WHEREAS, the parties now desire to amend the Agreement to increase the contract amount to
incorporate the guaranteed maximum price of $8,126,180 for a fully functional park and
recreation center, Veterans Park.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1. Section 1 of Original Agreement, entitled General Scope of Work to be Performed by
D/B' is hereby amended as follows:
1.3.1 Perform all services, work and obligations as described herein for the not
to exceed amount of$8,126,180 pursuant to Section 13 of this Agreement,
which shall include Design Services and General Conditions necessary to
provide a fully completed and functional Project. D/B shall perform all
Design Services and General Conditions for the not to exceed amount of
$1,141,005 as outlined in the Design Build Fee Structure (Exhibit 3 & 5).
At 90% complete construction documents a GMP will be established
7-7
pursuant to Section 13 of this agreement, which will include, but not
limited to, the cost for all labor, equipment, and material to design and
build a fully functional park and recreation center in accordance with all
applicable rules, regulations, and laws. The D/B fee shall be 3.75% of
hard construction costs and the bond cost shall be 0.80% of hard
construction costs. Any costs incurred by D/B in excess of said GMP
shall be the sole responsibility of the D/B, unless a change order is
approved by the City pursuant to Sections 9 and 14 of this agreement. All
funds remaining in the GMP at the completion of the project shall belong
to the City.
2. Section 13 of the Original Agreement, entitled D/B GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1.1 The GMP shall not exceed $8,126,180 and include within said GMP shall
be no more than $1,141,005 for Design Services and General Conditions as
previously identified in Section 1.3.1 of this agreement.
3. Exhibit 3 of the Original Agreement shall be substituted with the Revised Exhibit 3.
4. Except as expressly provided herein all other provisions of the Original Agreement
shall remain in full force and affect.
7-P
Signature Page to the First Amendment to
the Design Build Agreement between the City of Chula Vista
and Douglas E. Barnhart, Inc.
For Design and Construction of Veterans Park
City of Chula Vista Douglas E. Barnhart, Inc.
by by
Stephen C. Padilla, Mayor Name and Title
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
nGenecal ServiceslGS AdministrationlCouncil AgendaIVeterans PaTkIVete<ans Park Rev Amendment SignatuTe Page.doc
7-1
Exhibit 3
Veterans Park
Preliminary Cost of Construction!
Design Services and General Conditions
5/7/2003, Rev. 6/6/04
Preliminary Cost of Construction $8,126,180
Design Services $614,200
Design General Conditions $102,000
Construction General Conditions $424,805
Subtotal: $1,141,005
Construction Cost $6,681,800
Bonds $52,807
Fees $250,568
7-/0
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 7/20/04
ITEM TITLE: Resolution Designating and setting aside certain city-owned
real property currently known as Davies Drive for Park and Recreational
Purposes as necessary for the completion of Veterans Park
SUBMITTED BY: Director of General Services/City Engineer t5k--
REVIEWED BY: City Manager({:) 4/5ths Vote: Yes _No-X..)
The City Council is requested to adopt a resolution designating and setting aside a portion of
certain City-owned lands currently known as Davies Drive for Park and Recreational Purposes.
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
The City is currently preparing to commence construction of Veterans Park. These plans
incorporate a portion of City owned land, currently used as a public street and known as Davies
Drive into the park. This land was dedicated to the City for public use on Map No. 13720
recorded February 5,1999 as File No. 1999-72090. At the time it was designated as High Cloud
Drive. It has subsequently been designated as Davies Drive. The required portion of Davies
Drive is shown on the attached plat.
The western boundary of the park is currently Davies Drive and the corresponding cul-de-sac.
Davies Drive was originally designed into the Sunbow subdivision to allow a second vehicle
street access to the residential lot north of the park site. During the design development of the
subdivision, the pad elevation of the residential lot and the elevation of Davies Drive changed,
such that vehicle access was no longer feasible. Pedestrian access, (still feasible) between Davies
Drive cul-de-sac and the residential development was retained as a requirement of the
development of the residential lot.
As a result, Davies Drive and the cul-de-sac were left with little or no purpose. Subsequently, a
minor secondary use has developed and Davies Drive has become an alternative exit from the
adjacent shopping center. During the park design process, the potential for this area to have a
more useful purpose was expressed and consideration was given to reconfigure the area and
incorporate the unused Davies Drive and cul-de-sac into useable park activity area.
Davies Drive has been re-designed to accommodate vehicle circulation (including fire and utility
access), a drop-off area for the community center, additional off street parking, basketball courts
for community use, additional plantings, and enough area to allow for the grade change and
adjacent meditation garden area.
J-/
",,-.-, -- -----~--~-,--
c,
Page 2, Item ~
Meeting Date7/20/04
In order to change the public use and ensure continuity and consistency of the remaining right-
of-way it is necessary to re-designate and set aside the subject portion of Davies Drive for Public
Park and Recreational Purposes. The adoption of the Resolution and the filing of a Certified
Copy thereof with the County Recorders Office will establish the intended and physical use of
the land
FISCAL IMPACT: None.
J:\EngineerIAGENDA\Davis Drivecdoc
7/7/20042:35 PM
R .)...J
~ \ CHULA VJS" A _/
LO" 248 \ ,. HA C,. -~~~?!-//
\
NORTH MAP NO. 13917
-- SUNBOW, PHASE 1C
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,
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LO" 204 BfN/ING LENGTH
MAP NO. 13720 LI (N2J" J8' 5O"Ir 45.56' In .t f12)
J~_"2!.'!.P-~I!..4J.fF!}/ -- \ ~ (No9' 28' 19"f 45.56' III .t 1l2)
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d ~\ DaTA LENGTH IlADIUS
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( In) INOICA'ŒS RCcœtJ OATA P£R SVfIDIVtSION MAP NO. IJ720.
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( 1l4) INOICA 'ŒS RCcœtJ OA T A P£R cmT/F1CA 1E OF COIiPIJANCC
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0 INDICA 'ŒS 8' LAMJSCAPE 8UffER £ASDÆNT GRANTCD TO THE APPROVED BY:
QTY OF CHULA IISTA P£R MAP NO. 13720. JOSE LUIS GOMEZ L 7349
@ INDICA'ŒS 10' fASClICNT TO SOG.t£ PER DOaJM£NT NAME LICENSE #
RCCCRDCO 11/18/1999 AS FI.C NO. /999--0766676. all.
Q:\SDS7<PI/OJ\X-greg\llott" O"'1\~nbowPark.dwg 06/15/200< 1Q:26:11 All POT -3
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AND SETTING ASIDE
CERTAIN CITY-OWNED REAL PROPERTY CURRENTLY
KNOWN AS DAVIES DRIVE FOR PARK AND
RECREATIONAL PURPOSES
WHEREAS, the City of Chula Vista is the owner of that certain real property situated in
the City of Chula Vista, County of San Diego, State of California, currently known as Davies
Drive (formerly High Cloud Drive) dedicated to the City of Chula Vista for public use on Map
No. 13720 recorded February 5, 1999 as File No. 1999-72090, and
WHEREAS, a portion of said Davies Drive is no longer needed for public Street and
Utility purposes, as more particularly described in a legal description thereof, marked Exhibit
"A", and as shown on a sketch thereof, marked Exhibit "B", both attached hereto and
incorporated herein by this reference; and
WHEREAS, the public need and convenience required that certain public park and
recreation improvements and appurtenant works be constructed and placed through, in, on,
across, over, under and above said portion of the above described real property, for the
construction of Veterans Park as shown on the approved plans thereof, and
WHEREAS, this City Council desires to designate and set aside said real property
described in said Exhibit "A" for Park and Recreational Purposes.
NOW, THEREFORE, be it resolved as follows:
1. That this City Council hereby designates and sets aside for Park and
Recreational Purposes the real property described in said Exhibit "A".
2. That said designation is to continue in full force and effect so long as said
property is used for the above stated purposes and uses or until such time that said land has
been lawfully vacated, abandoned or disposed of by the duly constituted public authorities, at
which time said property shall revert to the person, persons or entity entitled thereto.
3. That the remainder of Davies Drive shall continue to be designated as and set
aside for public use consistent with Map No. 13720
4. That the City Clerk shall cause a certified copy ofthis resolution to be recorded
in the Office of the County Recorder of the County of San Diego evidencing this action.
5. That said designation and set aside shall be effective upon the filing of said
certified copy in the Official Records of San Diego County.
1
f'~~
Presented by Approved as to form by
;/dI
Jack Griffin
Director of General Services
J:\EngineerIAGENDA\Resos\Davies Park Desg, 7-20-04.doc
2
£'-5
EXHIBIT" A"
LAND DESCRIPTION FOR STREET RE -DESIGNA TION @ DA VIES DRIVE (HIGH CLOUD DRIVE)
That portion of Davies Drive granted for public use in the City of Chula Vista,
County of San Diego. State of California, according to Parcel Map No. 18682.
filed in the Office of the County Recorder of San Diego County. lying northerly
following described line:
Commencing at the centerline intersection of East Palomar Street / Davies Drive;
thence N 07.04'37d W, 284.50 feet to a point on the centerline of a 72 foot
right of way. said point being the true point of beginning; thence on à line
that bears 90 degrees a distance of 36 feet easterly and westerly to the
sidelines of said street.
Containing 0.53 acres, more or less
APPROV£D BY: L 7349 JUNE 75, 2004
LICENSE # DATE
I},\SDSKPRO.I\X-greg\JIatt's Owg\SunbowPark.dwg 06/15/2004 10:26:11 AM POT?? - ~
~ EXHIBIT "B"
\ CHULA VJS!A ///
LO! 248 \ !F1AC-r 90-07//
MAP No. -13917 /-
NORTH.---SUNBOW, PHASE iC
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MAP NO. -18682
CUR\£ TABLE
ŒI.TA LENGTH RADIUS
(/6' .u' 34" 26.01' 90.00' RI d: R3)
(53" 25' JC" 51.28' 55.00' RI)
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....----- Do" 36 32 0 so 100 200
LEGEND ~ I
- LIMITS OF RlQ/T OF WAY 100 tt.
~ LIMITS OF PARK OfS/Q/ATlON.
( ) INDlCA7CS ReCORD DATA AS SHOIIN.
( In) INDlCA7CS ReCORD DATA PER SVBDMSION MAP NO. 13720-
( R2) INDICATeS ReCORD DATA P£R SVBDMSION MAP NO. 13917.
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&. ifff!fA sW:fl=~:VfiflR1Ef.Jk P<XfJka seT
0 ~ ~ ~SCjPE: ,,¿'frff,R NO~T GRANTED TO TH£ APPRO VED BY: JOSE LUIS GOMEZ L 7349
I7i'I 1NDICA7CS 10' fASEM£NT TO SDG.f:£ PER DOCUMENT NAME LICENSE J
~ ReCORŒD 11/18/1999 AS FILE NO. 1999-0766676, O.R.
/}'.\SOSl<PROJIX-greg\!olatt" Oeg\SunbowParl<.dwg D6/15/2D04 1/}'.26:" AM PDT f{- 7
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 07/20/04
ITEM TITLE: Resolution approving a Design Build agreement with Rudolph
and Sletten, Inc. for the design and construction of Fire Station No.8
located at the southwest corner of Hawthorne Creek Drive and Woods
Drive in the Eastlake Woods community ofChula Vista, appropriate funds
therefore and authorizing the Mayor to execute said Agreement.
SUBMITTED BY: Director of General Services è:J%'
REVIEWED BY: CitYManagerW (4/5ths Vote: Yes...x.. No-->
On November 5, 2002 the Council approved a resolution establishing a Design-Build Priority
List for Fire Facilities to be used in awarding Design-Build contracts for future City projects. On
April 28, 2004 an RFP (Request for Proposal) was issued to the three Design-Build furns off the
Priority List to prepare proposals for the construction of a completed and fully functional 6,400
square foot 2-bay fire station including the facilities and site-work required to provide rue
service to the eastern territories of the City, Fire Station No.8. The resolution before council
this evening will award Rudolph and Sletten, Inc. a Design Build Agreement for the provision of
services required to design and construct Fire Station No.8, appropriate funds to a capital
improvement project that will enable the design phase of the project to commence and
authorizing the Mayor to execute said Agreement.
RECOMMENDATION: That the City Council approve a Design Build Agreement with
Rudolph and Sletten, Inc. for the provision of services required to design and construct Fire
Station No.8, appropriate funds to a capital improvement project that will enable the design
phase ofthe project to commence and authorizing the Mayor to execute said Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
Design-Build as a project delivery system was approved through Charter Amendment in March
2000. In October 2000, the Council adopted Chapter 2.57, Design-Build Contracts, establishing
the procedure for the selection and award of Design-Build contracts. Municipal Code 2.57.030
sets out the procurement procedure whereby either a project specific Request for Proposal (RFP)
is distributed, a selection is made off the Qualified List of Design-Build Entities, or a Sole-
Source award is made. On July 30, 2002, the Department of Building and Park Construction
issued an RFP for Design Build Services (D/B) to assist staff in the work required to design and
construct Fire Station No.7 and additional Fire Stations. On August 20, 2002, the City received
eight proposals in response to the RFP and subsequently reviewed the eight firms, based upon
this review a short list of four firms was established. The four firms were Erickson-Hall
9-1
Page 2, Item: ~
Meeting Date: 07/20/04
Construction, Rudolph and Sletten, Inc., Douglas E. Barnhart, Inc., and HB&A Architects, Inc.
A selection committee, appointed by the City Manager, reviewed and evaluated the proposals
and conducted interviews with all four firms. The four firms were ranked and the top three firms
were placed on the list of Qualified Design-Build Entities (Fire Stations), and approved for
certification by Council on November 5, 2002. Those firms are Rudolph and Sletten, Inc.,
Erickson-Hall Construction Co., and Douglas E. Barnhart, Inc. On April 28, 2004 an RFP was
issued to those firms on the certified list and on May 18, 2004 two of the three firms responded.
Based on the proposals, Rudolph and Sletten, Inc. was selected as the Design Builder with
construction experience for this type of project and demonstrated the ability to cost effectively
complete the project within budget. The Architect of the Design Build Team, Jeff Katz
Architects, has had extensive experience with fire station design and construction. They are the
same design build team that recently completed construction of Fire Station No.7 which was
constructed on time and on budget. The cost breakdown received from both proposals were
consistent, however, based upon Rudolph and Sletten, Inc.'s experience and demonstrated ability
to complete City projects within budget and on time as well as the opportunity to enlist an
Architect familiar with the City's Fire Stations, Staff recommends the selection of this Design
Build Team.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Rudolph and Sletten, Inc. for the
provision of services required to design and construct a fully functional 6,400 square foot 2-bay
fire station including the facilities and site-work. 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 Fire Station No.8, the designlbuild
process will place sole responsibility for delivery of the project upon Rudolph and Sletten, Inc., a
general contractor. Rudolph and Sletten, Inc. 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 Design-Build Agreement with Rudolph and Sletten, Inc. will provide the City
with a fully functional Fire Station that would service the eastern portion of the City. The scope
of work includes but is not limited to the following:
9-..2...
/1
Page 3, Item: ~
Meeting Date: 07 0/04
Design and construct a completed and fully functional 6,400 square foot 2-bay fire station
including the facilities and site-work. The facility shall include, but not be limited to all
components described in the Program Document.
Rudolph and Sletten, Inc. shall perform all services, work and obligations as described for the
not to exceed amount of $2,811,640 which shall include Design Services, General Conditions,
Insurance, Bonds and all Hard Construction costs necessary to provide a fully completed and
functional Project. At 90% complete 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 6,400 square foot 2-bay fire
station in accordance with all applicable building codes.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by 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.
An example of a change in the scope of work could be unanticipated subsurface conditions
causing substantial additional work by Rudolph and Sletten, Inc. that was not anticipated in the
original agreement (a preliminary soils evaluation and report was completed by a qualified
contractor which suggests that the soils should not be an issue). Therefore, depending on the
significance of problematic discoveries on the site, staff may be required to process a change
order due to a change in scope of work.
PROJECT COMPLETION DATES
Rudolph and Sletten, Inc. has agreed and the contract reflects the following completion dates:
. Substantial Completion:
Achieve "Substantial Completion" (as defmed in §16.1) no later than 400 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 fmal testing, balancing and adjustments and
normal Final Completion punch list Work.
. 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
9-3
Page 4, Item: ~
Meeting Date: 07/20/04
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 m Woods and Vistas Replanning
Program Final Subsequent Environmental Impact Report (EIR-Ol-Ol). Thus, no further
environmental review or documentation is necessary.
FISCAL IMPACT:
PROJECT COSTS
Design Builder design services and general conditions $494,612.00
Prelimin eotechnical testin and Cit staff costs for desi hase $50,000.00
TOTAL PROJECT COSTS $544,612.00
PROJECT FUNDS
Request for Appropriation necessary to complete the projects design phase:
Public Facilities DeveloDment ImDact Fund (PFDIF) $544,612.00
TOTAL PROJECT FUNDS $544,612,00
Rudolph and Sletten, Inc. shall perform design services, and general conditions for the not to
exceed amount of $494,612. An appropriation of $544,612 from the available balance of the
Public Facilities Development Impact Fee will provide the necessary funds to complete the
design phase for the new Fire Station No.8 capital improvement project which also includes the
cost of preliminary geotechnical testing and City staff costs during this phase.
At 90% complete documents a GMP will be established as part of this agreement, which will
include, but not be limited to, design costs, general conditions, project management, the cost for
all labor, equipment, and material to design and build a fully functional 6,400 square foot 2-bay
fire station 6 in accordance with all applicable building codes. Staff will return to Council for
approval ofthe GMP once the construction documents reach 90% completion. At the same time,
staff will request that Council appropriate additional funds from Public Facilities Development
Impact Fee Fund to construct the project.
Attachments: Attachment 1 - Designffiuild Agreement
1:IOeneral ServiceslOS AdministrationlCouncii AgendalFire Station No. 8IFire Station 8 DBA 060704.doc
7-1(
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND
SLETTEN, INC. FOR DESIGN AND CONSTRUCTION OF FIRE STATION NO.
8 LOCATED AT THE SOUTHWEST CORNER OF HAWTHORNE CREEK
DRIVE AND WOODS DRIVE IN THE EASTLAKE WOODS COMMUNITY OF
CHULA VISTA, APPROPRIATE FUNDS THEREFOR AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on November 5, 2002 the City Council approved a resolution
establishing a Design-Build Priority List for Fire Facilities to be used in awarding Design-
Build contracts for future City projects; and
WHEREAS, on April 28, 2004, in accordance with Section 2.57 ofthe Chula Vista
Municipal Code, a Request for Proposal (RFP) was issued to the three Design-Build firms
off the Priority List to prepare proposals for the construction of a completed and fully
functional 6,400 square foot 2-bay fire station including the facilities and site-work required
to provide fire service to the eastern territories of the City, Fire Station No.8; and
WHEREAS, staff recommends the City enter into an agreement with Rudolph and Sletten,
Inc. for the provision of services required to design and construct Fire Station No.8 including
facilities and site work, and appropriate funds to a capital improvement project that will enable the
design phase of the project to commence; and
WHEREAS, as proposed, the Design-Build Agreement with Rudolph and Sletten, Inc. will
provide the City with a fully functional fire station that would service the eastern portion ofthe City;
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 Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental 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-01-01).
9-S-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
does hereby approve the a Design-Build Agreement with Rudolph and Sletten, Inc. for design and
construction of Fire Station No.8, appropriating $544,612.00 from the available balance ofPFDIF
therefore and authorizing the Mayor to execute said agreement.
Presented by Approved as to form by
~~ )þø
Jack Griffin
Director of General Services J:lattorneylresolAgreementlDesign Build Fire Station No.8 - Rudolph Sletten
9-6
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
5~~¿w"
City Attorney
Dated: June 25, 2004
Design Build Agreement with Rudolph and Sletten, Inc. for the
Design and Construction of Fire Station No.8
'1-7
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this 20th day of July, 2004, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and
Rudolph and Sletten, Inc. ("Design Builder or D/B"). City and D/B are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Fire Station No.8, is a new fire 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 Fire Station No.8 located in the Eastlake Woods
community of the City; 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.
WHEREAS, on November 5,2002 the Council approved a resolution establishing a
Design-Build Priority List for Fire Facilities to be used in awarding Design-Build contracts
for future City projects, and
WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on April 28, 2004 an
RFP (Request for Proposal) was issued to the three Design-Build firms off the Priority List
to prepare proposals, and
WHEREAS, two firms 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;
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
1.1 In accordance with the terms set forth in this Agreement and the Request for
Proposal (RFP) for Design Build Services for Fire Station No.8 (Exhibit 1), D/B shall
1
J:IGeneral ServiceslGS AdministrationlDesign Build AgreementslFS No 8 DB Agmt Rev 070604.doc
9-9
- -"----"--"---------~-- ------ --"~
design and construct for the City: a completed and fully functional 6,400 square foot
2-bay fire station. The Fire Facility shall include, but not be limited to all
components outlined and described in the attached document entitled RFP for
Design Build Services for Fire Station No.8 (Exhibit 1) (referred to hereafter as
"Project"). The Project is located in the Eastlake Woods Community 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 Perform all services, work and obligations as described herein for
the not to exceed amount of $2,811 ,640 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
$494,612 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 5.25% of hard construction costs.
Liability insurance cost shall be $9.50 /$1,000 total cost of work.
Any costs incurred by D/B in excess of said GMP shall be the sole
responsibility of the D/B, unless a change order is approved by the
City pursuant to Sections 9 and 14 of this agreement. All funds
remaining in the GMP at the completion of the project shall belong to
the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in §16.1) no later than
400 calendar days from issuance of Notice to Proceed at execution
of Agreement.
1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than 430
calendar days from issuance of Notice to Proceed at execution of
Agreement.
Section 2: General Obliqations of Citv
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2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
orderly progress of D/B's services per the Detailed Construction
Schedule (DCS);
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the DCS;
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement. City does not warranty
to D/B the accuracy or completeness of any such informatíon.
2.1.5 Cooperate with D/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms setforth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
2.2 Citv Review Process. City shall review Design Development Drawings
(DDD's), 50% Construction Drawings (CD's), 70% CD's, 90% CD's and
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100% CD's which shall allow construction of Project in conformity with the
Program Document for the Project.
2.2.1 For each D/B submission, City shall have fifteen (15) working days to
review, approve, conditionally approve or deny said set of documents.
Section 3: General Obliqations of D/B
3.1 D/B shall be obligated as follows:
3.1.1 At all times in performing its services under this Agreement to design
and deliver the best possible Project consistent with standard of care
in Section 3.3 that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.1.2 Design and construct the Project on time, consistent with time
frames set forth in the DCS, and in such a manner that the GMP or
Contract Time of the Project shall not be exceeded, but if D/B
reasonably believes that any action, inaction, decision or direction by
City or agent for the City will likely result in the GMP or Contract
Time being exceeded or the Project being completed late, D/B will
notify City at Project Team meeting and in writing within five (5)
calendar days of discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and
time impact resulting from such action, inaction, decision ordirection.
D/B shall provide complete and accurate pricing within ten (10)
calendar days of said discovery.
3.1.3 Perform, or obtain the prior written consent ofthe 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;
3.1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
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3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Comply with the Califomia Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
coverage, density and density ratios and lien laws, and comply with
them in performance of its services. D/B shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Governmental
Requirements") existing as 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
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Specifications for Public Works Construction, City
Ordinances and this Agreement
3.1.9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Project Site. If O/B
causes damage to any of this property, O/B shall replace or repair
said property at no expense to City and shall not be a basis for
seeking an adjustment to the GMP or Contract Time. O/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. O/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 ("AOAAG") and the
Americans With Disabilities Act ("AOA").
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) 000 (2) 50% CD's (3) 70% CD's
and (4) 90% CD's and (5)100% CD's. Said approval shall be
evidenced by written notice to proceed with the subsequent phase.
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact operation of the Project. Provide cost estimates to the
City at 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.
3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, O/B shall perform said investigations. The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 13.
3.1.15 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions beyond the standard of care
defined in Section 3.3 by O/B or O/B's agents, employees, design
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consultants and contractors; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP or Contract Time.
3.1.16 Seek and obtain written approval from the City of the drawings for
each ofthe following phases: (1) 100% DDD's and (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.
3.1.17 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.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 14. if
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days.
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3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.14.
3.3 D/B shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations. Compliance with this section by D/B shall not in
any way excuse or limit D/B's obligations to fully comply with all other terms in this
Agreement.
3.3.1 D/B warrants that at least one member of the D/B team shall be
licensed by the California Contractor's State License Board as a
General Building Contractor. D/B is to provide a list of the responsible
people within their organizations performing services, which shall
include their qualifications and their function, for approval by the City
prior to start of construction. City and D/B shall establish "key
personnel" who shall remain on the Project until Final Completion. If
any such "key personnel" leave the employment of D/B, City shall
have the right to approve the replacement personnel assigned to this
Project. D/B shall comply with all licensing requirements of the State
of California, County of San Diego, and City of Chula Vista.
3.3.2 Project Manager and Project Architect throughout all phases of the
Project hereunder, the individual project manager, 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, and Project Architect.
Notwithstanding the foregoing provisions of Section 3.3, if the
Individual Project Manager 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.
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3.3.4 Replacement Selection of Project Manager and/or 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.
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
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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 DIB shall hear and decide bid protests and shall develop and maintain bid
protest procedures for that purpose. City shall be timely informed of all bid protests
(prior to resolution) and the outcome of said protests.
Section 5: D/B's Phase I Services and Obliqations - Desiqn Development
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Continue to develop program and refine project requirements and
review such requirements with the City.
5.1.2 Prepare complete ODD's such that the ODD include, without
limitation, the following:
5.1.2.1 Site plan with pertinent notes and dimensions indicating
property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; landscape and site elements.
5.1.2.2 Floor plans including graphically demonstrating interior and
exterior walls and fenestration with notes, dimensions and
gridlines; room names, structural bay spacing with grids,
critical dimensions and area calculations;
5.1.2.3 Roof plans including detailed notes, dimensions,
mechanical equipment locations, define material for
mechanical screens, skylights and roof access, roof
materials, and roof drainage;
5.1.2.4 Building sections including vertical dimensions, floor
assembly thickness showing known structural elements,
notes and dimensions.
5.1.2.5 Exterior elevations including material references and
extent; visible roof top elements; existing and new line of
grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
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5.1.2.6 Wall sections including all wall sections, dimensions,
horizontal element offsets, and guide to exterior face of
wall; dimensions, vertical floor to floor, floor to window head
and sill and floor to ceiling; structural elements and
assemblies; interior and exterior wall finishes; and wall and
roof assembly;
5.1.2.7 Outline specifications, written description of building
systems and components including site work, room
finishes, product cut sheets, and special equipment.
5.1.2.8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
5.1.2.9 Delivery of 3D rendered images, color and material boards,
special system and equipment plans.
5.2 Prepare and submit to City detailed cost estimates with DDD.
5.3 Submit completed DDD to City. Obtain comments from City and make
revisions to DDD as required. Obtain written approval or conditional approval from
City to proceed to Phase II Services. If conditional approval granted, D/B shall
address all City comments or issues in the next set of drawings developed. City
retains the right to withhold approval and require resubmittal 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.
5.4 D/B shall prepare a detailed Critical Path Method schedule for all design and
construction components of the 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 fire facility, all of which shall conform with the dates of Substantial
Completion and Final Completion of Project.
Section 6: D/B's Phase II Services and Obliaations - 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;
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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.
6.1.2.1.6 Typical wall sections sufficient to indicate
materials, openings, and major features.
6.1.2.2 Structural drawings including plans and sections of
sufficient clarity and detail to show the extent and type of
structural system and dimensions, final structural design
criteria, foundation design criteria, preliminary sizing of
major structural components, critical cOordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
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6.1.2.6 Plumbing plans and details;
6.1.2.7 Plans showing installation of major systems, equipment,
fixed furnishings and graphics;
6.1.2.8 Technical specifications;
6.1.2.9 All other technical drawings, schedules, diagrams and
specifications, to set forth in detail the requirements for
construction of the Project which, at a minimum, include:
6.1.2.9.1 Provide information customarily necessary for the
use of those in the building trades;
6.1.2.9.2 Include documents customarily required to obtain
regulatory agency approvals;
6.1.2.9.3 Provide color board and architectural rendering for
required presentations.
6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit T.V., lighting controls and
other electrical systems typical to fire facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
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6.1.2.11.2 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.1.2.12 Sections through critical areas showing coordination of
architectural, structural, mechanical and electrical
elements.
6.1.2.13 Final specifications, including but not limited to the
following:
6.1.2.13.1 Architectural: general description of the
construction, including interior finishes, types and
locations of acoustical treatment, typical and
special floor coverings and final exterior and interior
material selection;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical seNices,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
audiovisual, security-fire alarms and cable antenna
television systems;
6.1.2.13.4 Landscape: General description of the construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 INTENTIONALLY LEFT BLANK
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6.1.2.13.7 Other: Such other documents to fix and describe
the size, quality and character of the entire Project,
its materials, and such other elements as shall be
appropriate.
6.1.2.14 Plumbing drawings including location and quantity offixtures,
equipment sizes, room sizes for plumbing equipment, and
final specifications as appropriate.
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6.1.3 Utilizing the 2000 Edition of the Standard Specifications for Public
Works Construction, 2000 Edition of the Chula Vista Standard
Special Provisions, 2000 Edition of the Regional Standards, 2002
Edition of the Chula Vista Construction Standards, the City's facility
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 ofthe 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 Project. Design
and construction shall also meet all ADA requirements.
6.1.3.5 Provide additional site surveys and geotechnical
investigations to the extent the DB determines they are
necessary for final design. The survey information provided
by the City is preliminary in nature and may not have
sufficient accuracy or scope to support final design.
6.1.3.6 Furnish support to a City constructability review team at the
50%, 70% and 90% percent design completion stage.
Incorporate the results of this review into the design.
6.1.3.7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews.
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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 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 fire
facility, all of which shall conform with the dates of Substantial Completion and Final
Completion of Project.
6.4 Review as needed the CD's with the governmental authorities having
jurisdiction over the Project.
6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost of the Project is likely to exceed the GMP or Contract Time and include
in said notice:
6.5.1 An itemized cost breakdown estimate;
6.5.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6.5.3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope of the
Project so that the GMP is not exceeded.
6.5.4 Provide a master accounting system and matrix on Microsoft Excel
that will be updated, expanded and provided to the City monthly as
the Project develops.
6.6 D/B shall develop and implement Project Management Plan and Procedures
including:
6.6.1 Project status reports
6.6.2 Coordination/interface with the City and its other
consu Ita nts/contractors
6.6.3 INTENTIONALLY LEFT BLANK
6.6.4 Biweekly Design and Construction meetings
6.6.5 Interface and communications with other agencies
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6.6.6 Vendors and subcontractors management
6.6.7 Document control
6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
6.7 Submit and obtain approval from City of Phase II items. Provide written
confirmation that the project is still within the GMP and can be built in
accordance with the DCS. Said written confirmation shall include an
accounting of all costs and expenses incurred to date against the GMP.
Obtain written approval from City to proceed to Phase IV.
6.8 City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase III services during earlier phases to expedite
completion of the Project, for such tasks as, for example, demolition of the
buildings and relocation of utilities, and other critical path activities to meet
the Project Construction Schedule. However, absent such written
agreement, D/B shall not proceed with any Phase III services until the City
issues a written Notice to Proceed with Phase III.
6.9 Present to the City for approval the following: 100% CD's, Management and
Implementation Plan, DCS.
6.9.1 Upon presentation by D/B to the City of the items specified in
Section 6.9, the City may:
6.9.1.1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6.9.1.2 Determine not to proceed with the Project and terminate
this Agreement in accordance with Section 26.3 of this
Agreement; or
6.9.1.3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to Section 6.9 which does not conform to
previously approved direction of City any delay or additional
costs resulting from the resubmittal shall be borne
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exclusively by D/B and not to be grounds for an increase in
the GMP or Contract Time.
Section 7: D/B's Phase III Services: Construction Administration
7.1 After City formally approves any required cost estimates, 100% Construction
Documents and Construction Schedule, City shall issue to D/B a written Notice to
Proceed with Phase III Services. The D/B shall construct the Project in accordance
with City-approved plans and specifications prepared by the DB to meet or exceed
all requirements of the City provided program, schematic design and the
performance criteria. The D/B's Phase III Services shall include but are not limited
to:
7.1.1 Prepare and submit to City for review separate bid packages as D/B
determines appropriate to enable the construction of the Project to
proceed in an efficient and cost effective manner;
7.1.2 Conduct competitive bidding for the respective bid packages.
7.1.3 D/B shall require additive alternates for extended warranties in bid
packages for roofing and HV AC systems.
7.1.4 Schedule and conduct pre-bid conferences to answer questions
posed by bidders; said answers and any other information required
to provide clarification to the Construction Documents during the
bidding process shall be issued as written addenda and provided to
all prospective bidders;
7.1.5 Execute subcontracts, in D/B's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the D/B.
7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
7.1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and orderly
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
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7.1.9 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 D/B;
7.1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items. All change
orders, including zero dollar change orders which require the use of
D/B Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits
or claims for infringement of patent rights and shall defend and hold
City and City's agents harmless from loss on account thereof; except
that City shall be responsible for such loss when a particular design,
process or product of a particular manufacturer is required by City.
However, if D/B has reason to believe the use of a required design,
process or product is an infringement of a patent, D/B shall be
responsible for such loss unless such information is promptly given
to the City in writing.
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Prior
to Final Completion, D/B shall cause to be removed from and about
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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 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7.1.22 Notify City in writing when D/B believes that the Project has
achieved Substantial Completion, participate with City in inspecting
the completed construction, prepare punchlists, and cause the
punchlist items to be performed and/or corrected in accordance with
the Construction Documents;
7.1.23 Notify City in writing when D/B believes that the Project has achieved
Final Completion. Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenance/ service contracts, and maintenance and operating
manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
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7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
7.1.29 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
7.1.31 The DB shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance
of Notice of Completion and Acceptance. City staff will perform
inspections to verify compliance with the plans, specifications and
contract documents.
7.1.32 The DB resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents.
7.1.33 The DB is responsible for the design. construction and all contract
administration services during the construction of the Project in
accordance with all applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with Disabilities Act
(ADA) and Title 24 California Code of Regulations (Building Code)
as defined in Section 18910 of Califomia Health and Safety Code.
The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
7.1.34 The DB shall provide surveying, and other contracted services as
required. to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
building inspections. DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
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7.1.35 The DB shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation.
7.1.36 The DB shall implement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
document control information in a manner consistent with the City's
reporting system.
7.1.37 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The DB shall
report a record of environmental issues to the City in a manner
consistent with the City's reporting system.
7.1.39 Prepare Operations Manual.
7.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project will be of
good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22.
Section 8: D/B's Phase IV Services and Obliaations: Operation/Startup Phase
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
8.1.5 The DB shall report to the City all guarantee/warranty disputes. The
DB shall proceed to resolve such disputes after having submitted to
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the City for review and approval the DB's approach for obtaining
resolution for the dispute.
Section 9: Additional Services
9.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9.4. The
City may propose changes to the Work of a subcontractor after the bid has been
awarded. In the event of a change of this nature, D/B will estimate the cost of the
Change Order, assist City in developing drawings and specifications as necessary,
solicit a revised bid, negotiate with the subcontractor, present a recommendation for
a Change Order to City, and implement construction as approved by City.
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid 10% of
total additional services cost (and $9.501$1,000 of any additional liability insurance
costs).
9.3 For additional services, which result in an extension of the Substantial
Completion date, D/B shall be paid a fee equal to the number of working days the
Substantial Completion date is extended multiplied by the daily proration of the
general conditions fee included within the GMP.
9.4 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
indicating that D/B intends to seek additional compensation beyond the D/B Fixed
Fee. Furnishing advance written notice shall be a condition precedent to being able
to seek additional compensation from City.
Section 10: Bonds
10.1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the
faithful performance and payment of all D/B's obligations under the Agreement.
These bonds shall remain in effect at least until thirty (30) days after the filing date of
Notice of Completion, except as otherwise provided by law or regulation or by this
Agreement. D/B shall also furnish such other bonds as are required by this
Agreement.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
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10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement and which also satisfy the requirements stated in Section 995.660 of the
Code of Civil Procedure, except as provided otherwise by laws or regulations. All
bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) days thereafter substitute another bond
and surety, which must be acceptable to City.
Section 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. All subconsultants shall be required
to comply with the applicable insurance provisions. The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract.
11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001) including
Insurance Services Office Form (GOO09 11 88 Owners
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).
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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 Fire Station No.8
construction in an amount not to exceed $2,213,699
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:
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11.4.1.1 General $2,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations, Liability Insurance or other
products and
completed form with a general
operations.) aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 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 $2,213,699 Hard Construction Cost of
(if applicable) Structure
11.5 Deductibles and Self-Insured Retentions
11.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the DIB shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
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11.6 Other Insurance Provisions
11.6.1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds using ISO Form
CG 2010 or its equivalent, with respect to liability arising
out of work or operations performed by or on behalf of the
D/B including materials, parts or equipment furnished in
connection with such work or operations.
11.6.1.2 For any claims related to this project the D/B's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/B's insurance and shall not contribute
with it.
11.6.1.3 Coverage shall not extend to any indemnity coverage for
the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
11.6.1.4 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.
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11.8 Subcontractors
11.8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
additional 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 A:X. Any exceptions are
at the sole discretion of the City and subject to written approval of
the City.
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11.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section12: Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any re-inspections. The
City shall either perform said inspection services with its own forces or contract with
third parties. It shall be the responsibility of D/B, however, to call for, coordinate and
schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at
reasonable times for this observation, inspecting .and testing. D/B shall provide
them proper and safe conditions for such access and advise them of D/B's safety
procedures and programs so that they may comply.
12.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the
requirements of the Construction Documents or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents, D/B shall bear the cost of corrective measures deemed
necessary by City, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by the City nor inspections, tests, or approvals by others shall
relieve D/B from D/B's obligations to perform the Work in accordance with the
Construction Documents. D/B shall give City timely notice of readiness of the Work
for all required on and off-site inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate required inspections or tests. D/B
shall give at least 24 hours notice for on-site inspection and five (5) days notice for
off-site inspection.
12.4 City has the right to stçp or suspend Work activities which will conceal or
cover up D/B Work product which is to be inspected or tested, or which will interfere
with the inspection or testing activities, for a reasonable time and D/B will have no
right to additional cost or time it may incur as a result of the Work stoppage.
Section 13: D/B GMP for Services and Reimbursements
13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval.
Upon the approval of the 90% CD's, D/B shall, within ten (10) working days, submit
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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 of the entire Project as specified in the 90% CD's; provided
that:
13.1.1 The GMP shall not exceed and include within said GMP
shall be no more than for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
13.1.2 Said GMP shall be supported by a detailed itemized breakdown that
shows: the D/B Fixed Fees and the expected Hard Construction
Costs for each of the major trades on 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.
13.1.3 All Hard Construction Costs included in the GMP are for direct
Construction costs incurred in performing the work, including taxes,
delivery and installation. City shall reimburse D/B for the exact
amount of subcontract, self performed work or invoice amount. No
additional D/B markup, handling fees, overhead, or other charges
are to be added or paid except as otherwise set forth in this
agreement. Upon Final Completion of the Project, any amount of
Hard Construction Costs or D/B Contingency Fund monies not
utilized shall result in a deductive Change Order.
13.1.4 The GMP shall include a D/B Contingency Fund which can be used
by the D/B with City approval. If the Parties mutually agree that
there is a sufficient surplus, the D/B Contingency Fund will be
available to provide additional funds for Change Orders as provided
for in Section 7 of this Agreement. This Contingency Fund will not
be available for: (1) Work required due to D/B's and/or
Contractors/subcontractors failure to perform according to the terms
of this Agreement and/or in compliance with the Construction
Documents, or (2) uninsured losses resulting from the negligence of
D/B or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the D/B
Contingency Fund, shall require City approval. The City reserves the
right to seek reimbursements for any funds used due to errors or
omissions of the Design Consultants.
13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
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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
$216,348 for General Conditions and $278,264 for Design Services for a total of
$494,612. Said $494,612 for General Conditions and Design Services shall not be
exceeded unless additional services are requested pursuant to § 7 above or a
change order issued pursuant to § 14. Unless otherwise expressly provided in this
Agreement, D/B GMP shall include full compensation for all costs of any type
incurred by D/B in performing all services and obligations under this Agreement,
including but not limited to the following:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and 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 ofthe 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.
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13.2.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 9.
13.3 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete
this Project or fund this Agreement. As more fully provided in Section 26, the City
may terminate this Agreement for any reason, including but not limited to, if City
Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: 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 SelVices 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 selVices or work until such notice has been
given to the City except if such selVices or work are necessary to
protect public health, safety or property.
14.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Order work D/B shall promptly
provide the City with a detailed and complete estimate of cost
impact associated with the Change Order, including all appropriate
direct and indirect costs and credits. All such costs and credits shall
be accurately categorized into D/B Fixed Fee, Reimbursable Costs
or Hard Construction Costs. D/B shall also provide City with a
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realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
14.2.3 Upon submission of the detailed estimates by the D/B, the Parties
will attempt to negotiate an appropriate adjustment in GMP and
Contract Time. If an agreement is reached, a Change Order
reflecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
D/B to proceed with the subject services andlor work, during which
time the D/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services 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.
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 Orderor
Additional Services.
Section 15: Pavment Terms
15.1 D/B shall provide all Phase I, II and IV services for the Phase I,ll 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
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for all prior payments and if the invoiced amount is not disputed by City, it shall pay
D/B ninety percent (90%) of payment application based upon the percentage
complete of the Schedule of Values and 100% of the reimbursable costs within thirty
(30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for D/B's full performance.
15.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month
payment application an itemization of all such Reimbursable Costs actually incurred
by D/B, during the previous month. If requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
15.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include
with each monthly application for payment an itemization of all Hard Construction
Costs actually incurred by D/B during the previous month.
15.5 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject
to the receipt of unconditional lien releases for all prior payments and if Additional
Services are not disputed by City, City shall pay ninety percent (90%) ofthe 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 ofthe construction
when all Work on the Project is sufficiently complete in accordance with the
Construction Documents so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided
under the terms and conditions of the Construction Documents are in place and
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have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punchlist Work.
16.2 Final Completion shall be deemed to occur on the last ofthe 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
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 "ContractTime" shall be the number of calendar days stated in Section 1
for D/B to achieve Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones
listed in the 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
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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
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 Mod if v Work
19.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the
Project; these will be authorized by a written Change Order prepared and issued by
City. Upon receipt of any such document, D/B shall promptly proceed with the Work
involved which will be performed under the applicable conditions of the Construction
Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 20: Intentionallv Omitted
Section 21: Work By Others
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21.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take priority
over the City Contractors; but the Parties will use their best efforts to coordinate their
work so as to minimize the disruption to each other's work and to allow City
Contractor to proceed expeditiously.
21.2 If the proper execution or results of any part of D/B's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in
writing any apparent delays, defects, or deficiencies in the City's work that render it
unavailable or unsuitable for such proper execution and results. D/B's failure to
promptly report such delays, defects, or deficiencies in writing before
commencement of the affected work, will constitute an acceptance ofthe City's work
as fit and timely for integration with D/B's Work except for latent defects and
deficiencies in the City's work for which D/B will not be responsible.
21.3 If D/B or any person or entity working for D/B causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of D/B's
performance of the Project by any other contractor is made against D/B, by City, any
other contractor, or any other person, D/B shall promptly repair and/or resolve said
claim at no cost to City.
Section 22: Warranties and Guarantees
22.1 D/B warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work
will be in strict accordance with the Construction Documents and will not be
defective. Prompt notice of defects known to City shall be given to D/B. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City, provided D/B shall not be entitled to an extension in
Contract Time or increase in GMP because of any delay or increase in cost
attributable to the rejection, correction or acceptance of said work. Defective work
may be rejected even if approved by prior inspection.
22.2 The warranty period shall commence when the Certificate of Final
Completion is issued (irrespective of beneficial use by City prior to Final Completion)
and extend one (1) year after that date or whatever longer period may be prescribed
by laws or regulations or by the terms of any applicable special guarantee or specific
provision of the Construction Documents.
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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
mànuals, fully bound and indexed, warranties, guarantees, and
bonds.
22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected or the defective work removed and replaced.
In that event, D/B shall not be allowed to recover any associated costs, and D/B
shall reimburse City for all direct, and indirect costs of City, and City shall be entitled
to an appropriate decrease in the GMP, to withhold a setoff against amount
recommended for payment, or make a claim on D/B's bond if D/B has been paid in
full.
22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
22.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
22.5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event D/B's warranty under section 22.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
22.5.5 D/B shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc., to cover the limited warranty period to City
at the expiration of the one year warranty; and
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Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before
taking possession of or using any Work, City shall furnish D/B a list of items of Work
remaining to be performed or corrected on those portions of the Work that City
intends to take possession of or use. However, failure of City to list any item of
Work shall not relieve D/B of responsibility for complying with the terms of this
Agreement. City's possession or use shall not be deemed an acceptance of any
Work under this Agreement, nor relieve the D/B of any of its obligations under this
Agreement.
23.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to D/B, an equitable adjustment shall be made in the GMP orthe
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assianabilitv
24.1 This is a personal services Agreement and, therefore, D/B shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or
involuntarily, any of its rights, duties or obligations under this Agreement except
upon the prior written consent of City. Any such change, assignment or transfer
without the prior written consent of the City shall be deemed null and void and
constitute a material breach under this Agreement.
Section 25: Indemnification
25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees,
consultants, (collectively herein the "Indemnitees"), from and against all claims,
demands, causes of action, damages, injuries, liabilities, losses and expenses
(including, without limitation, reasonable attorneys' and consultants' fees and
expenses) of any kind whatsoever, arising in whole or in part out of or resulting from
D/B's performance of this Agreement, D/B's breach of this Agreement, or the
alleged negligent acts or omissions of DIB, 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
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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
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.
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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 ofthe City, become the property of the City, and
D/B shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed amounts payable hereunder, and less
any damages caused by D/B's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Rights of City Preserved: Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against D/B's performance bond surety.
26.2.4 Any dispute as to the amount due or owed to D/B upon termination
under this section shall be resolved in accordance with Section 33.
26.3 Termination for Convenience by City: City may terminate this Agreement at
any time and for any reason, by giving specific written notice to D/B of such
termination and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the
City, become City's sole and exclusive property. If the Agreement is terminated by
City as provided in this paragraph, D/B shall be entitled to receive just and equitable
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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 Relating 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 ofthe 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 Agree on Payment - If D/B and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
26.6.1 The price for completed services accepted, including any retention,
by City not previously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory expense allocable thereto.
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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 Damaged - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exclude
from the amounts payable to D/B under this Section, the fair value, as determined
by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
26.9 Deductions -In arriving at the amount due D/B under this section, there shall
be deducted:
26.9.1 Any claim which City has against D/B under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by D/B or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of Agreement by D/B:
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
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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 Judament
28.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required by this Agreement, arrive at conclusions with respect
to the rendition of information, advice and recommendations, independent of the
control and direction of City, other than normal contract monitoring; D/B, however,
shall possess no authority with respect to any City decision beyond rendition of such
information, advice and recommendations. D/B shall not have the authority to act as
an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29: Maintenance of Records and Accountina
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29.1 D/B shall maintain, during the Project and fora 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 d~lay 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
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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.
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33.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth herein, and such policies
and procedures used by the City in the implementation of the same.
33.4 Pending final resolution of any claim, including litigation, D/B shall proceed
diligently with performance of the Project, and comply with any direction of City.
Section 34: Notices
34.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by courier or registered or
certified mail, return receipt requested, postage prepaid, addressed to the Party to
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:
Rudolph and Sletten, Inc.
10955 Vista Sorrento Parkway Suite 100
Tel: (858) 259-6262
Fax: (858) 259-8282
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
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not a working day shall be deemed to have been given on the next subsequent working
day.
Section 35: Miscellaneous Terms
35.1 Representations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own
judgment, belief and knowledge of the nature, extent, effect and consequence
relating thereto. Each Party further declares and represents that this Agreement is
being made without reliance upon any statement or representation of any other
Party not contained herein, or any representative, agent or attorney of any other
Party.
35.2 Severabilitv: 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 of this Agreement shall be in the City
of Chula Vista, California.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a
waiver of any such right or remedy on any future occasion.
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35.7 Effect of Headinas: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be
interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
35.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other
may reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
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 Glossary of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.13 Third Partv Beneficiary: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
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SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA Rudolph and Sletten, Inc.
By: By:
Stephen C. Padilla, Mayor Name and Title
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
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GLOSSARY OF TERMS
INTENTIONALLY LEFT BLANK- SEE ATTACHED
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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 16 of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement pursuant to the terms of Sections 7 and 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
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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.
Detailed Construction Schedule. D/B prepared and City approved Detailed
Construction schedule for Phase I, Phase II and Phase III 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.
D/B Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section 31 of this
Agreement.
Final Completion, The date on which the last of the following events occurs: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the
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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.
Fire Facility (Fire Station). Fully functional station, including the facilities and site
work required to provide fire service to the City of Chula Vista
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 the Agreement 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; 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.
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.
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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 100%
Construction Documents, Master Construction Schedule, preparation of GMP Finalized
Management and Implementation Plan and determination of need for and conducting of
additional subsurface investigation.
Phase IV (if applicable). Phase IV shall consist of all services and events
described or implied in Section 8 of the Agreement, including but not limited to conducting
competitive bidding for the Work, and the construction and completion of the Project.
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.
Project Team. All participants involved with the project
Reimbursable Costs. Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 10 of the Agreement, the net premiums (less
any premium returns) for the insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which D/B is required to purchase and maintain pursuant
to Section 11 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 9 ofthe
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 pla~e and have been initially tested, and are operationally functional,
subject to final testing, balancing and adjustments and a Final Completion punch list Work.
Work, All services, labor, materials, supplies, and equipment necessary for D/B,
Contractors and consultants to complete the Project.
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EXHIBIT LIST (I-III)
Exhibit I RFP for Design Build Services for Fire Station No.8
Attachments: A) Program Document
B) Sample Design/Build Contract and Glossary of
Terms (Intentionally Omitted)
C) Project Location
Exhibit 2 Design Build Fee Structure
Exhibit 3 Identification of Design Build Team Members
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EXHIBIT 1
RFP for Design Build Services for Fire Station No.8
Attachments: A) Program Document
B) Sample D/B Contract and Glossary ofTerms
(Intentionally Omitted)
C) Project Location
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CllY OF
CHUlA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGN/BillLD SERVICES
FOR
FIRE STATION NO, 8
RFP Issue Date:
Wednesday, April 28, 2004
Proposal Due Date & Time:
Tuesday, May 18, 2004 by 4:00 pm
City of Chula Vista
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
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Table of Contents
1.0 INTRODUCTION ...............................................................................................................1
3.0 PROJECT DESCRIPTION..................................................................................................1
4.0 GENERAL OBLIGATIONS OF DBT ................................................................................1
5.0 SCOPE OF WORK..............................................................................................................4
5.1.1 Pre Construction Services - Phase I ...............................................................................4
5.2.2 Construction Services - Phase II ....................................................................................6
5.2.3 Operations/Startup Services - Phase 111..........................................................................8
6.0 INSURANCE REQUIREMENTS .......................................................................................9
7.0 INSPECTION ....................................................................................................................11
8.0 CHANGE IN GMP AND CONTRACT TIME .................................................................11
9.0 PROJECT COMPLETION.............................................................................;..................11
10.0 WARRANTIES AND GUARANTEES ............................................................................12
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING................................................ 12
12.0 OWNERSHIP OF DOCUMENTS ....................................................................................12
13.0 RFP REQUIREMENTS ....................................................................................................13
13.3 General RFP Requirements: .........................................................................................13
13.4 Contents: .......................................................................................................................13
13.5 Experience and Technical Competence: .......................................................................14
13.6 Proposed Method to Accomplish the Work:................................................................. 14
13.7 Knowledge and Understanding of Local "Environment": ............................................14
13.8 Project Organization and Key Personnel: .....................................................................14
13.9 Financial Arrangements for DBT Members: ................................................................15
13.10 Exceptions to this RFP:.................................................................................................15
13.11 Addenda to this RFP: ....................................................................................................15
13.12 Minimum Contractor Qualifications:............................................................................15
13.13 Schedule of Rates and Fees.. ............ ...... ..... ... ...... ... ...... ...... ....................16
13.14 Additional Information......................................... ..................................16
14.0 PUBLIC DISCLOSURE....................................................................................................17
15.0 PROPOSAL SCHEDULE.................................................................................................17
16.0 PROPOSAL SELECTION PROCESS...................................................................... ........17
17.0 PROPOSAL EVALUATION CRITERIA......................................................................... 17
18.0 CONTRACT TERMS AND CONDITIONS ..................................................................................18
ATIACHMENT A- Program of Facility Requirements....................................................................21
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ATTACHMENT B - Sample Design/Build Contract and Glossary of Terms. ..................... ................. 22
ATTACHMENTC - Project Location................................................. ...........................................23
ý-Ç; 7
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 services/coordination for the construction of Fire
Station No.8. The DBT shall consist mainly of a General Contractor 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 information
that must be included in the proposal. Failure to submit information in accordance
with the RFP's requirements and procedures may be a cause for disqualification.
1.2 This RFP has been distributed to selected fmns on the City's list ofDesigniBuilders
for Fire Stations certified on October 10,2002. 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.
2.0 IMPORTANT DATES
2.1 Proposal Due Date: Tuesdav. Mav 18. 2004 bv 4:00 pm
Location: Public Works Center. 1800 Maxwell Road. Chula Vista. CA 91911-
General Services. Building and Park Construction receptionist
3.0 PROJECT DESCRIPTION
3.1 The DBT shall design and construct for the City: a completed and fully functional
fire station (referred to hereafter as "Project"). The station shall include, but not be
limited to all components outlined and described in the attached document titled
"Fire Station #8 Program Document" (Attachment A). Fire Station No.8 will be
located at the southwest corner of Hawthorne Creek Drive and Woods Drive in the
City ofChula Vista (Attachment C).
4.0 GENERAL OBLIGATIONS OF DBT
4.1 The services to be provided by DBT are generally to be performed in three "Phases",
Pre-construction Services, Construction Services, and Operation/Start Up. 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
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and shall include all Design Services and all Hard Construction Costs necessary
to provide a fully completed and functional Project including, but not limited
to, general conditions, the cost for all labor, equipment, material, and the DBT
Fixed Fee which includes fees and expenses of any type associated with
completing the Project. Any costs incurred by DBT in excess of said GMP
shall be the sole responsibility of the DBT, except for change orders approved
by the City in accordance with the DBT contract to be executed with the DBT.
A sample contract is enclosed as Attachment B.
4.2 DBT shall be obligated as follows:
A. At all times in performing its services under this Agreement to design and
construct the best possible Project consistent with standard of care that satisfies
the time, monetary, quality and design parameters set forth in this RFP and
subsequent D/B Contract.
B. Design and construct the Project on time, consistent with time frames set forth
in the Project Schedule, and in such a manner that the GMP or Contract Time
of the Project shall not be 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.
C. Perform, or obtain prior written consent of the City to subcontract all design
services for the Project utilizing qualified, licensed and sufficiently experienced
architects, engineers and other professionals. DBT shall not be permitted to
substitute any Design Consultant unless authorized by City.
D. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State License Board or other required
agencIes.
E. Perform all services as expeditiously as is consistent with reasonable skill and
care and shall complete the services within each and all of the time periods set
forth within the approved project schedule.
F. Comply with the California Fair Employment and Housing Act and all other
State, Federal and local laws including, but not limited to, those prohibiting
discrimination, on account of race, color, national origin, religion, age, sex or
handicap.
G. Study all applicable laws, codes, ordinances, rules, orders, regulations, and
statutes affecting the Project, including but not limited to, zoning,
environmental, building, fire and safety codes and coverage, density and
density ratios and lien laws, and comply with them in performance of its
services. DBT shall ensure that within the established GMP that the Project
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conforms to all applicable federal, state and local laws, statutes, ordinances,
rules, regulations, orders or other legal requirements.
H. Take all reasonable steps during the course of construction to control dust and
noise in accordance with the provisions in the 2000 Edition of the Standard
Specifications for Public Works Construction, City Ordinances and the D/B
contract.
I. Use reasonable care to avoid damaging existing improvements and vegetation
adjacent to the Project Site. If DBT causes damage to any of this property,
DBT shall replace or repair said property at no expense to City and shall not be
a basis for seeking an adjustment to the GMP or Contract Time.
J. To obtain all permits necessary to complete the Project. City shall reimburse
cost of permits. DBT shall be responsible for obtaining and paying for all
minor permits normally obtained by the trades or subcontractors.
K. Conform project design to the requirements of the Americans With Disabilities
Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities
Act ("ADA").
1. Seek and obtain written approval from the City of the drawings for each of the
following design phases: (1) schematic design (2) design development (3) 50%
construction drawings and (4) 100% construction drawings. Said approvals
shall be evidenced by written notice to proceed with each subsequent phase.
M. Provide cost estimating and value engineering services, which takes into
consideration long-range maintenance costs, energy efficiency, and impacts on
operation of the Project.
N. Review the environmental documents and all technical reports relating to the
Project Site; and determine and advise City if any additional needed studies are
warranted. DBT shall perform said studies as authorized by City. The costs of
said studies are Reimbursable Costs to be paid by the City without markup.
O. DBT agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this RFP and the
D/B contract.
P. DBT warrants that at least one member of the DBT team shall be licensed by
the California Contractor's State License Board as a 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. If any 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 Die go,
and City ofChula Vista.
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Q. DBT agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or
delays resulting from or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by DBT and not be grounds for an increase in GMP or
Contract Time unless necessary to protect public health, safety or property.
5.0 SCOPE OF WORK
5.1 Services required of the DBT include those during design, construction, and
operations/startup of the Project. The GMP will be developed based on all
management, supervision, labor, services, equipment, tools, supplies, and any other
item of every kind and description required for a comprehensive design and
construction program. The scope of work includes, but is not limited to, the following:
1. Develop and Implement Project Management Plan and Procedures
2. Monthly project status reports
3. Coordination/interface with the City and its other
consul tants/ contractors
4. Progr~ss meetings
5. Interface and communications with other agencies
6. Vendors and subcontractors management
7. Document control
8. Schedule and budget control
9. Quality assurance and quality control
5.1.1 Pre-Construction Services - Phase I
Utilizing the City required standard specifications, facility program
requirements, approved mater plans, Federal, State, and City performance and
design criteria, concept drawings, and reports that will be identified in the
DesigniBuild contract, the DBT will:
1. Prepare schematic design, design development and construction drawings
and specifications suitable for obtaining City approval and issuance of
permits.
2. Complete the design for all elements of the project, including but not
limited to: architectural, civil, structural, landscape architectural,
mechanical, electrical, and specialty consulting areas.
3. Evaluate alternative structural and construction approaches for all
facilities to ensure economical designs that optimize constructability yet
meet all codes, architectural concepts, conceptual designs, and standard
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specifications of the project. Design shall satisfy the Americans with
Disabilities Act (ADA) requirements as required.
4. Incorporate the requirements of permitting agencies as may become
apparent in the course of design. The DBT shall apply for and secure all
permits and provide all necessary reports, studies and support required to
obtain the permits. In addition, the Consultant shall research all Air
Pollution Control District and noise abatement requirements, along with
any hazardous materials management requirements 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 submit and obtain approval of an
application for Storm Water Pollution Prevention Plan to the appropriate
authority. If required, the Consultant shall incorporate appropriate
facilities in the design.
5. Conduct site surveys and geotechnical investigations to the extent
necessary for [mal 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
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.
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f) At 90% Construction documents, provide cost estimate that will be
used to establish a Guaranteed Maximum Price (GMP). Any Savings
at the end ofthe project will be deducted from the GMP and returned
to the owner.
g) During the Bidding of the Project, the DBT shall:
1) Recommend appropriate subdivisions of work into discrete Bid
Packages.
2) Create detailed Scope of Work Packages for bidding to multiple
sub-contractors that will be contracted directly to the DBT.
3) Create all Bidding Documents. Specify unit prices, alternates,
quantities, 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 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.
h) Assemble a constructability review 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)
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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.
5. Ensure construction compliance with applicable local, state, and
federal codes, building and environmental permit requirements, and
construction mitigation documents and enforcement of the Contract
Documents.
6. Provide surveying, and other contracted services as required
completing projects construction. Coordinate City contracted
testing and inspection services during the course of construction.
7. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (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 ofthe plans and specifications.
8. Submit the proposed QAlQC Plan to the City for review. The Plan
shall not be implemented without written approval of the City.
9. Be responsible for preparing the Critical Path Method (CPM)
schedule utilized during the project construction and startup
activities. Use Microsoft Project scheduling software consistent
with the City reporting system.
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10. Develop a proj ect-specific Plan for defining, tracking and reporting
cash flow activity requirements and submit such plan to the City for
review and approval prior to implementation.
11. Develop a project-specific Change Order Administration Plan for
review and approval by the City. Upon written approval of the
Plan, the DBT shall initiate implementation. The Plan shall define
the required Change Order procedures, including requirements for
requesting, developing, approving, and filing.
12. Implement and maintain an internal records management and
document control system as required to support project operations.
The DBT shall provide records management and document control
information in a manner consistent with the citywide Prolog
Management reporting/filing system.
13. The DBT shall develop an on-site Project Safety Plan for review
and approval by the City. The DBT shall administer and enforce
the City approved on-site Project Safety Plan for the Project. The
DBT shall monitor and enforce Project construction Contractor
responsibility for safety and health issues relating to their workers
as the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a
subcontracting, equipment supply, or any other project-related oral
or written arrangement with the DBT.
14. Report accidents, claims, and other on-going safety related issues to
the City in a manner consistent with Citywide reporting systems.
5,2,3 Operations/Startup Services - Phase III
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.
d. The DBT shall report progress of project startup and testing to the City in
a manner consistent with the City's reporting system.
e. The DBT shall coordinate and expedite record drawings and
specifications.
f. The DBT shall prepare final accounting and close out reports.
g. The DBT shall prepare occupancy plan reports.
h. Unless the DBT receives the City's prior approval to substitute equal or
better quality materials, the DBT warrants to City that material and
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equipment incorporated in the Project will be new, unless otherwise
specified, and that the Project will be of good quality, free ftom faults and
defects, and in strict conformance with the Construction Documents and
the D/B contract.
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 Ciryl The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall
proceed to resolve such disputes after having submitted to the City for
review and approval the DBT' s approach for obtaining resolution for the
dispute.
6.0 INSURANCE 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 or renew 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 firm selected to perform the work described herein will be required to provide
evidence of:
6.1.1.1 Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with combined single limits of not less than $1,000,000 per occurrence per
project. Policy to include endorsement naming City of Chula Vista, its
officers, officials, employees and volunteers as Additional Insured against
all liability ofthe DB, its subcontractors, and its authorized
representatives, arising out of, or in connection with, the performance of
work under the contract with the City. Policy is to be endorsed to state it
is Primary to any other insurance available to the City of Chula Vista and
that insurer will provide THIRTY (30) days written notice to the City
Clerk of the City of Chula Vista of cancellation or material change.
6.1.1.2 Commercial Automobile Liability Insurance, ISO CA 0001 form, Any
Auto code, with a combined single limit of not less than $1,000,000,
covering bodily injury and property damage for owned, non-owned and
hired automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
6.1.1.3 Workers' Compensation and Employer's Liability insurance, for all
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employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1,000,000, each accident
Bodily Injury by Disease $1,000,000, Bodily Injury by Disease
$1,000,000. A Waiver of Subrogation shall be endorsed to the policy
naming the City of Chula Vista.
6.1.1.4 Professional Liability insurance shall be required of said firm for
professional liability or errors and omissions insurance with a per claim
limit of not less than $2,000,000 for services performed by the Design
contractors and any subcontractors performing design services. The policy
shall contain an extended reporting period of not less than 2 years.
6.1.1.5 Builder's Risk Property Insurance will be provided by the DB. The DB
will add the City, its officials, officers, employees and volunteers as Loss
Payee. The insurance shall waive any right of recovery under subrogation
for those insured under this policy. The limit is to reflect full replacement
cost of hard cost construction values. Perils are to be all risk excluding
Earthquake and Flood. Perils are to include any transportation risk but is
to exclude any equipment, machinery, tools, or property of similar nature,
owned, rented or used by DB or contractors.
6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance
satisfactory to the City. All such certificates will contain at least the
following provisions:
6.1.1.6.1 Thirty (30) days written notice to the City prior to any
cancellation, non-renewal or materials reduction in coverage.
6.1.1.6.2 The words "will endeavor" and "but failure to mail such notice
shall impose no such obligation or liability of any kind upon the
company, its agents or representatives" will be deleted from the
certificate.
6.1.1.6.3 Throughout the life ofthe Agreement, each and every contractor
of any tier shall pay for and maintain in full force and effect, with
an insurer authorized by the California Insurance Commissioner
to do business in the State of California, the policies evidenced
herein.
Any insurance provided for the City, DB or subcontractors for this project shall be written through
an insurer admitted in the State of California with an AM Best Rating of not less than A,V. Any
exceptions are at the sole discretion of the City and subject to written approval of the City.
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7.0 INSPECTION
7.1 City shall be responsible for material testing and inspections, with reimbursement to
be required by DBT for any re-inspections. The City shall either perform said
inspection services with its own forces or contract with third parties. It shall be the
responsibility ofDBT, however, to call for, coordinate and schedule all inspections.
7.2 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. The DBT shall provide them
proper and safe conditions for such access and advise them of DBT's safety
procedures and programs for compliance.
8.0 CHANGE IN GMP AND CONTRACT TIME
8.1 The GMP and Contract Time may only be changed with a written Change Order.
Change Orders shall be issued only under the following circumstances:
A. The City directs DBT to perform Additional Services.
B. For reasons expressly provided in the D/B Contract.
9.0 PROJECT COMPLETION
9.1 Substantial Completion shall be that stage in the progress of the construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City may fully utilize entire Project; Substantial Completion shall
further mean that all goods, services and systems to be provided 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.
9.2 Final Completion shall be deemed to occur on the last of the following events: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project
by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4)
submission of all documents required to be supplied by DBT to City as outlined in
the D/B contract, including but not limited to As-Built Drawings, warranties, and
operating manuals; (5) and delivery to City of a Certificate of Completion duly
verified by DBT.
9.3 The DBT shall provide City with a Certificate of Completion, certifying to City
under penalty of peIjury that the Project has been completed in accordance with the
Construction Documents, all applicable building codes and regulations, all permits,
licenses, and certificates of inspection, use and occupancy, and ordinances relating to
the Project.
9.4 The DBT shall provide five sets of City final record drawing documents at the end of
construction, one set of reproducible and one copy in electronic format ("As-Built
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Drawings"). As-Built Drawings are to be accurate and legible records showing all
components of the Project and there exact locations
9.5 The DBT shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy ofDBT's filing protocol.
9.6 A copy of all approved submittals shall be forwarded to the City at the completion of
the project. All information shall be assembled in such a fashion to fit into a standard
file drawer and organized by CSI codes. This copy is in addition to those provided
during the course of construction for comment.
10.0 WARRANTIES AND GUARANTEES
10.1 The DBT warrants and guarantees to City that materials and equipment incorporated
into the Project will be new unless otherwise specified and that all work will be in
strict accordance with the Construction Documents. and will not be defective. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
directed by City. DBT shall not be entitled to an extension in Contract Time or
increase in GMP because of any delay or increase in cost attributable to the rejection,
correction or acceptance of said work. Defective work may be rejected even if
approved by prior inspection.
10.2 The warranty period shall commence when the Certificate of Final Completion is
issued (irrespective of beneficial use by City prior to Final Completion) and extend
one (1) year after that date or whatever longer period may be prescribed by laws or
regulations or by the terms of any applicable special guarantee or specific provision
of the Construction Documents. The D/B contract will contain provisions addressing
this issue and steps to correct defective work.
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING
11.1 The DBT shall maintain, during the Project implementation time and for a period of
three (3) years after completion of the Project, accurate and organized records of all
costs of any type and all services performed for the project. City will have the right
at any time, including during the performance of all Phases of the Project to audit and
copy all such records.
12.0 OWNERSHIP OF DOCUMENTS
12.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for this project shall be the
sole and exclusive property of City. No such materials or properties produced in
whole or in part for this project shall be subject to private use, copyrights or patent
rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose
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(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.
13.0 RFP REQUIREMENTS
13.1 All DBTs are required to follow the format specified below. The content of the
proposal must be clear, concise, and complete. Each section of the proposal shall be
presented according to the outline shown below to aid in expedient information
retrieval (NOTE: DBTs shall base their proposals on the "Scope of Work").
Eight (8) copies of the proposal shall be delivered no later than 4:00 P.M. on
Tuesday, May 18,2004, to:
City ofChula Vista
Attn: Matt Little
General Services, Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
13.2 Please note that faxed copies will not be accepted. Also note that incomplete
proposals, incorrect information, or late submittals may be cause for immediate
disqualification. The City reserves the right to amend the RFP prior to the date that
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.
13.3 General RFP Requirements:
A. The City desires to receive proposals from only qualified and experienced
DBTs who demonstrate significant knowledge of design engineering and
construction management, and experience and successful performance on
public sector fire facilities of comparable magnitude involving a GMP
incorporating both design and construction.
B. The proposal should be concise, well organized and demonstrate the DBT's
qualifications and experience applicable to the Project. The proposal shall be
inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and
back cover, cover letter, etc. Type size and margins for text pages should be in
keeping with accepted standard formats for desktop publishing and word
processing and should result in no more than 500 words per page.
C. Proposals must be bound.
13.4 Contents:
A. Proposals submitted in response to this RFP shall be in the following order and
shall include:
1. Executive Summary.
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2. Include a one- to two-page overview that highlights DBT approach and
DBT's commitment to meet or exceed the City's objectives and insure a
successful project built on time and on schedule.
3. Identification of each DBT member:
0 Legal name and address.
0 Legal form of company (partnership, corporation, joint venture,
etc.). If joint venture identifY the members ofthe joint venture and
provide all information required under this section for each
member.
0 If company is wholly owned subsidiary of a "parent company,"
identifY the "parent company."
0 Addresses of offices located in San Diego County, if any.
0 Number of employees in San Diego County.
0 City of Chula Vista Business License Number.
0 Name, title, address and telephone number of person(s) to be
assigned to project.
0 Name, title, address and telephone number of person to contact
concerning the proposal.
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
referp,nces where this team has worked together.
13.6 Proposed Method to Accomplish the Work:
A. Describe DBT's technical and management approach to the design and
construction effort. Discuss lines of communications necessary to maintain
design schedule and construction schedules, and software availability for both
schedule and management reporting.
13.7 Knowledge and Understanding of Local "Environment":
A. Describe experience working in the local "environment" and proposed local
presence for interfacing with the City's project management staff. The
"environment" includes but is not limited to: City and other local agencies
regulations and policies; local environmental documentation requirements;
geotechnical conditions in project area; local building codes; ADA
requirements and other local design criteria.
13.8 Project Organization and Key Personnel:
A. Describe proposed project organization and provide an organizational chart,
including identification and responsibilities of key personnel. Indicate role and
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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
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.
13.9 Financial Arrangements for DBT Members:
If the DBT is a Joint Venture Team, the DBT shall address the proposed
fmancial arrangements between the Joint Venture members as they relate to
liability to the City for work to be performed. DBT shall submit a team
members' list indicating scope of work, and approximate percentage of
contract. Team members must be named on said list if they receive more than
$10,000 or more than one-half of one percent (.5%) whichever is less.
13.10 Exceptions to this RFP:
The DBT shall certifY that it takes no exceptions to this RFP. If the DBT does
take exception(s) to any portion of the RFP, the specific portion of the RFP to
which exception is taken shall be identified and explained.
13.11 Addenda to this RFP:
DBT shall confirm in its proposal the receipt of all addenda issued to this RFP.
DBT is not required to include copies of the actual addenda in its proposal.
13.12 Minimum Contractor Qualifications:
DBT submitting qualifications must include a contractor who possesses the
applicable California Contractor's license. DBT must also submit evidence of being
able to be bonded for such projects.
13.13 Schedule of Rates and Fees:
A. Pre-Construction:
1) Provide cost break down of design cost by discipline. Include design
teams cost to administer the contract during the course of construction.
2) Provide a fixed fee for 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.
B. Project General Conditions: Provide a detailed spreadsheet that completely
outlines the projects general conditions, including quantities, units, unit costs
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and totals. Provide billing rates for all proposed team members. All design cost
shall be included under Pre-Construction cost noted as item A above.
C. Cost of Work Multipliers (FEE): Based on the scope and size of the project,
please propose an overhead and profit percentage rate and any other multipliers
such as liability insurance to be applied to the cost of work. This rate would
apply to each major phase of the project as it is released and subsequently bid
to subcontractors.
D. Preliminary Cost Estimate: Based on the attached program document and lot
configuration 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 clearly note areas of concern. The
proposed project has a preliminary hard construction budget of $1,900,000.
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.
F. Provide Payment and Performance Bond Rates.
G. Provide description of your company's safety policy and how it would be
implemented on this job.
H. Provide Preliminary Design & Construction Schedule. This schedule should
reflect major design and construction activities as well as maintenance periods
for landscaping. The City anticipates this project be completed and all facilities
open to the public no later than July 2005. Outline any concerns regarding the
schedule.
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) Audited [mancial statements for the last three years
b) List of projects completed in the last year
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c) List ofprojects currently under development, or construction with
status, development schedule and financial commitment
d) List of projects currently involved in litigation or unresolved claims
for the contractor.
14,0 PUBLIC DISCLOSURE
14.1. All proposals submitted in response to this RFP become the property of the City and
public records, and as such may be subject to public review. Under the California
Public Records Act (California Government Code Section 6250 et seq.) records in
the custody of a public entity generally have to be disclosed unless the information
being sought falls into one or more of the exemptions to disclosure set out in
Government Code Sections 6254 through 6255. The cover letter of the proposal
should contain a paragraph that states whether or not DBT believes that its proposal
does or does not contain information that falls into one of the exemptions of
Govemment Code Sections 6254 through 6255 and whether or not DBT considers
such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any
party that requests it. Regardless of assertions of confidentiality, proposal contents
may still be disclosed if City, or a court with jurisdiction, determines that such
proposal is a public record requiring disclosure.
15.0 PROPOSAL SCHEDULE
15.1 The solicitation receipt and evaluation of proposals and the selection of the DBT will
conform to the following schedule (Note: Dates are subject to change):
. Distribution! Advertisement ofRFP - April 28, 2004
. Submittal of Proposals Deadline - Tuesday, May 18,2004 by 4:00 pm
. Preliminary DBT Selection - End of May 2004
. Approval of Designffiuild Agreement - June 2004
16,0 PROPOSAL SELECTION PROCESS
16.1 Award will be based on the best-qualified DBT to build the facility. Relevant team
experience, design costs, fee and general conditions will be a primary factor, but not
the sole consideration for award. Contracts will be awarded in accordance with the
Chula Vista Municipal Code and the Designffiuild Ordinance as outlined in Section
2.57 of the Chula Vista Municipal Code.
17.0 PROPOSAL EVALUATION CRITERIA
17.1 Submittals received by City will be evaluated in no certain order, according to the
criteria listed below: I
A. Conformance to the specified RFP requirements and format;
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B. Organization, presentation, and content of the submittal;
C. Specialized experience and technical competence of the firm(s), (including
principal firms, joint venture-partners, and sub-consultants) considering the
types of service required; the complexity of the project; record ofperformance;
and the strength of the key personnel who will be dedicated to the project;
D. Proposed methods and overall strategic plan to accomplish the work in a timely
and competent manner;
E. Knowledge and understanding of the local environment and a local presence for
interfacing with the City;
F. Financial resources and stability of the principal consultant and/or DB team;
G. Ability to meet the insurance requirements unless City, at its sole discretion,
decides to modify or waive the insurance requirements or elects to provide
project insurance;
H. Pre-Construction Costs, FEE, Change Order mark up rates.
18.0 CONTRACT TERMS AND CONDITIONS
18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City retains the right to
reject any or all submittals. Selection is dependent upon the negotiation of a
mutually acceptable contract with the successful DBT. A sample contract that will
be modified to the specifics of this project is provided for your review as Attachment
B. 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 proposal response.
18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days
ITom the date of receipt.
18.3 All insurance shall be provided at the sole cost and expense of the firm selected,
unless the requirement is modified or waived by the City. City reserves the right to
modify the insurance limits or to substitute project insurance during contract
negotiations.
The City looks forward to receiving a proposal ITOm your firm. If you have any questions regarding
this RFP, please contact:
Mr. Matt Little, Senior Civil Engineer
General Services, Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Phone: (619) 397-6088
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Fax: (619) 397-6250
Email: Mlittle@ci.chula-vista.ca.us
Attachments:
Attachment A: Program Document
Attachment B: Sample Design/Build Contract and Glossary of Terms
Attachment C: Project Location
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Attachment A:
Program Document
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ATTACHMENT A
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CITY OF
CHUlA VISfA
CHULA VISTA
FIREDEP ARTMENT
FIRE S T A TI 0 N #8
PROGRAM DOCUMENT
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TABLE OF CONTENTS
DESIGN REQUIREMENTS.--_.----.---....-_----_._m__m--m--__...-...................----------......-...-1
1.0 GENERAL INFORMA TION_"""'-'.-.-----.-............................................h------.._........m 1
2.0 GENERAL INTERIOR INFORMATION """"""""""""""'--"h--_--.m._....................2
3.0 GENERAL EXTERIOR INFORMATION.................................................m--...........5
4.0 LANDSCAPE & IRRIGATION mm_"'_'--"""""""""""""""""""""""-""------...m..... 8
5.0 APPARATUS ROOM...........................................................................................10
6.0 SPECIALIZED AREAS/ROOM """"""""""""""""""'--""--""--mmm_...m........... 13
7.0 LIVING AREAS .-...-.......-............................................................--.-----.--.-.--............... 15
8.0 SLEEPING AREAS """"""""""""""""""""""""""""'--m--"""--'m.m...--.-............. 19
9.0 BATHROOMS ""--mm----'_'m'--m'_'--m------'--"-,--""""""""""""""""""""""""""",,.20
10.0 EXERCISE / PHYSICAL CONDITIONING AREA..............................................21
11.0 STORAGE ROOMS .......................................................................................--......... 22
12.0 PATIO.......................-..--.----_.----.m_................--....----........................0...0...--................. 22
13.0 STAND-BY GENERATOR...................................................-.........-...._...._m--.........22
14.0 GENERAL ...PLUMBING.............................................................-...-.-...-.-....----...-.. 23
15.0 GENERAL ELECTRICAL ........................................................................----..-........ 23
16.0 TRASH nENCLOSURE..............................................................-.--............--..-.--...... 24
17.0 ATTACHMENTS """""",--",_"m.-'-.m--'--,,"-""...."""""'-"""""""""""""""""......24
18.0 FIRE STATION #3 LOCKER PLAN ---.-.--...-----..----.-----........................................- 25
19.0 SAFETY CLOTHING LOCKER DRAWING .........-.-...--......................................26
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FIRE STATI9N DESIGN REQUIREMENTS
The following information has been prepared as design requirements for the Chula Vista Fire
Department. These are presented as minimum standard requirements for fire stations. The
requirements will be reviewed at initial design meetings and throughout design development.
Plans shall be prepared showing all details and notes required to provide the contractor with sufficient
clarification and information to construct the project to the intended design. Specifications shall be in
CSI format with all referenced standards defined in a supplemental manual and presented for review
by City of Chula Vista Building and Park Construction.
The design of the fire station shall consider the use of "Green Building Technology" and the use of
natural lighting when costs are approximate conventional construction. The design shall meet Title 24
and ADA requirements. A statement shall be made on the cover of the plans and specifications noting
that this is an essential services building and that the contractor is responsible for understanding and
complying with all applicable codes and requirements.
All wastewater and run-off from station activities shall be properly routed to meet all county and city
pollution criteria.
1.0 GENERAL INFORMATION
Fire Station 8 will consist of a minimum of 6,400 square foot Fire Station with living quarters
for six personnel, two (2) apparatus bays to accommodate an engine company and a medic
company on a 1.176 acre site with additional space for hose storage and hose maintenance
operations. This fire station shall have drive-thru capabilities to both apparatus bays.
1.1 Site Area:
a. Fire station shall be situated on an approximate 1.176 acres site.
b. Fire station shall accommodate space for reserve apparatus.
1.2 Station Area:
a. Fire station shall be a minimum of 6,400 square feet.
b. Fire station shall accommodate a minimum of a three (3) person engine company
and a two (2) person medic company.
1.3 Crew Size:
a. The fire station shall accommodate a crew of six (6) personnel.
1.4 Fire Apparatus Vehicles:
a. The following fire apparatus/vehicles will be typically assigned to the fire station:
1) Two (2) triple combination pumpers and a medic ambulance.
Length: 30 feet
Width: 10 feet
Tuming Radius: 52.0 feet (outside!)
I Site access to rear area parking to accommodate 94' turning radius.
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C:\Documents and Settings\mattl\Local Settings\Temporary Internet Files\OLKB\CVFD Program Document station 8.doc
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Weight: 40,000 lbs. (floors must withstand 60,000 lbs.)
2) One (1) medic ambulance.
Length: 21 feet
1.5 Fumiture
1) Design team shall coordinate and interface with Office Pavilion. Design Build
team shall ensure all required utilities are installed and coordinated to facilitate
furniture installation.
2,0 GENERAL INTERIOR INFORMATION
2.1 Doors, Frames and Hardware
a. All interior and exterior doors shall be set in metal frames.
b. All exterior windows shall be high quality, noise-reducing, dual glaze, temperature
efficient designs, with low E glass. Second story windows, when required, shall
have a tilt feature allowing cleaning from the interior.
c. All bottom windowsills will be provided with a hard finish material for ease of
cleaning (i.e. solid surface, corian type identical to fire station 7).
d. All interior doors shall be exterior grade, solid wood staved-core, and birch-
skinned. All doors connecting to the apparatus room will swing in the direction of
the apparatus floor area.
e. Bathroom doors shall be solid with no open venting.
f. Panic hardware is required on interior doors leading directly into the apparatus
area.
g. Locks on interior doors including the offices, storage rooms and computer work
room shall be compatible with Station #1 master system (Best lock system).
Privacy locks will be installed on restroom and dormitory doors.
h. All wooden doors to be stained and not painted.
i. Doors leading to exterior to be operable from interior without a key when locked.
Doors shall be self-latching. These doors shall be on the Best lock system
J. Doors leading to the kitchen area, and apparatus area shall have a window area as
allowed by code.
k. Over-sized stainless steel push plates and kick plates shall be installed on all doors
as necessary per City approval.
I. Doors leading to apparatus room, and the exterior of station shall have mechanical
closures. Doors leading to sleeping areas and bathrooms will not have automatic
closers.
m. Doorbells will be capable of alerting the day room area, sleeping areas, kitchen,
offices, fitness room, shop area, and apparatus area. Doorbells will be installed at
the front, rear and other public-accessible doors. The Doorbells will have different
tones to indicate activation location. Doorbells will be tied to station alerting
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system.
2.2 Walls and Ceiling Surfaces
a. Restrooms, kitchen, storage rooms, weight room, workrooms, communication
room, and apparatus room shall be painted with 100% acrylic semi gloss finish.
b. Color to be approved by the City prior to application.
c. Walls and ceilings are to be dry walled, textured,. sealed and painted. Interior
hallway corners will be bull nose.
d. Interior hallways shall be a minimum of four feet in width. Total hallway area will
vary by station design. It is anticipated that there will be approximately 700 square
feet of hallways.
e. Provide bumper guards and backing at hallway.
£ All interior walls to be insulated.
g. All interior walls that will be used to mount appliances or fixtures (towel bars,
paper dispensers, soap dispensers, etc.) will have support material installed behind.
h. Install soundproofing between apparatus area and adjacent living spaces.
i. Soundproof bathrooms. Protect areas outside bathrooms from bathroom noises.
i.e. flushing toilets, showers, running water.
j. Provide sound insulation at all walls and ceilings.
k. All hallway comers and dormitory window opening corners will be bull nose.
2.3 Floor coverings
a. Commercial grade carpeting shall be utilized for officers' room(s), offices, sleeping
areas, day rooms, and training room.
b. Carpet shall have Enhanced Backing, 26 oz. Yam weight and 77 oz, total carpet
weight.
c. The kitchen, restrooms, dining area, and other heavy traffic areas shall be porcelain
ceramic tile similar to station 7 approved by the City.
d. Ceramic tile will have minimal grout joints and use dark-colored epoxy grout.
Color to be approved by the City.
2.4 Window coverings
a. All exterior windows and sliding doors shall be provided with 3" vinyl vertical
blinds per the approval of the City.
2.5 Central Air ConditioningiForced Air Heating
a. High energy efficient central air conditioning and forced air heating shall be
provided in living areas as required to maintain 74 degrees in the summer and 68-
72 degrees the remainder of the year.
b. System should have separate zones with setback feature for operational and energy
efficiency.
c. Any and all condensation drains shall be drained to the exterior of the building or
will drain into the existing plumbing.
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2.6 Fire Alarm, Smoke, Carbon Monoxide Detectors and Sprinkler System
a. Smoke, and carbon Monoxide detectors shall be installed to code.
b. The building shall be provided with a complete automatic fire sprinkler system per
existing code.
c. Sprinkler alarm shall be capable of being connected to a central monitoring station.
d. Use N.F.P.A, 13 for specifications.
e. Sprinkler heads to be flush mounted and concealed in the living areas.
f. Central monitoring panel location subject to City approval.
g. Provide minimal required fire alarm devices. Full systems not necessary.
2.7 Lighting
a. General illumination shall be capable of providing adequate and functional
illumination for all living, sleeping, office space and other functional areas.
b. Natural lighting (including windows and skylights) shall be provided whenever
possible.
c. Energy efficient lighting systems and occupancy sensors shall be designed
according to location and use.
d. Provide a night lighting system in hallways with red lens. Use floor level lighting
where applicable.
2.8 Communications and Paging System
a. Provide an alert paging system with speakers located in each sleeping quarters,
each bathroom, office areas, recreation room, kitchen, apparatus bays, storage
rooms, exterior areas, and any spaces not mentioned, but deemed necessary to
allow all employees to be notified when on fire station grounds. This system shall
be compatible with existing City alerting-equipment.
b. Paging system shall be capable of selective alerting. Programmable by station
personnel for selected sleeping areas. Should be similar with First-In Alerting
system located at CVFD Station #7 with recessed wall-mount devices and lighting
devices.
c. Paging areas shall be divided into designated zones with separate amplifier control
for individual zones with fire department approval.
d. Provide exterior weatherproof speakers that meet the requirements of the City's
Communication Division in addition to the alert paging system.
e. Provide two-horn-type paging speakers located on either side of the apparatus
floor.
f. Interior speakers shall be flush mount of high quality, and approved by the City.
g. Multiple-point in-house telephone-paging system shall be installed, which meets
the requirements of the City's Communication Division as well as the alert paging
system.
h. Proper in wall backing shall be provided at all locations for wall hung TV's.
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1. Contractor will also provide adequate mounting and protection of equipment.
j. Fire station will be wired for cable television, with outlets located in the day room,
all sleeping areas, kitchen, training room and exercise room.
k. There shall be a central control panel for connections. A booster shall be provided
as necessary.
1. Provide telephone jacks in dining area, day room, exercise area, sleeping areas,
offices, training room, computer workroom and apparatus bay.
m. All outlet and jack locations to be approved by the City.
n. All phone and data wiring will use CAT -e, UTP cable terminated to RJ -45 modular
jacks using T568B standard and CAT-5e rated components. Each CAT-5e cable
will terminate in the communication equipment room on a rack mounted 48-port
CAT-5e patch panel.
o. Each voice and data jack will be labeled with the port number to which it is
terminated.
p. All voice and data jack locations will consist of three (3) modular jacks each (3-
plex) of which terminates on the 48-port patch panel.
q. Digital voice, analog voice and data will then be patch using colored patch cords
from the source to the appropriate jack(s).
r. Provide wiring for computers and printers as indicated by the City including
sleeping areas.
3.0 GENERAL EXTERIOR INFORMATION
3.1 Utilities & Site work
a. Hose bibs shall be provided at each of the following: apparatus room, patio, each
corner of the building, as needed at 75' intervals, the trash enclosure, and next to
the hose-drying ramp. Hose bibs shall not require a special key to operate or
access. Hose bibs at front of station will be enclosed.
b. Provide a 1 112" supply line off the sprinkler supply with a 2 112" outlet with
National Standard Pipe tread, controlled with a bronze ball valve, located in the
rear driveway/apparatus bay entrance area on a flat surface. This area should be a
level.
c. Provide all tie ins to all laterals, i.e. sewer, water, etc.
d. Provide truck wash area. Truck wash area and hose wash rack shall be provided
with drains that properly route all runoff as to meet all county and city pollution
criteria.
e. Testing & Inspection shall be at the cost of the City and all re-inspections shall be
at the cost of the contractor
f. Provide and implement a SWPPP.
g. Grading shall be +/- .10 foot.
3.2 Fences & Gates
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a. The facility will have security parking for personnel assigned to the station, and an
electrically operated roIling gate at a minimum of 6' above grade.
b. The security fence will be designed to provide security for City and personal
property inside and outside of the building.
c. All rolling gates will be electrically operated with keypad and remote capability
(linear brand remote) to include Opti-Com device and have a metal guidance track
(consider recessed) mounted in concrete that will' guide the gate to its
predetermined closure point during every operation.
d. Exiting the parking area, the gate shall be activated by a ground-loop system
installed in the concrete.
e. Keypad shall be activated by City Standard Card-keys.
3.3 Concrete & Masonry
a. Approaches and driveways shall not exceed 4% grade
b. Provide a hose drying rack 6' x 50' sloped at 1/4" per foot. The rack shall be
surrounded on all sides with a minimum 3' walk. The rack will be bolted to the
concrete and movable if necessary (same as station 1 and 2).
c. A private parking area shall accommodate, as space allows, 2 (two) parking spaces
per person assigned to the station, approximately 12 spaces.
d. An unsecured visitor parking area shall be provided for two visitor spaces, and at
least one ADA compliant space.
e. Provide adequate signage for all parking areas and building entrances.
f. All outside paved areas shall be a minimum of 6 inches, 3600 psi concrete, with
steel at 12" on center, designed to accommodate heavy equipment. All concrete
shall have positive slope for drainage, catch basins if required. (See water
regulation requirements).
g. Provide concrete wheel stops at all parking spaces as necessary. Stops to be
pinned and not glued.
h. Provide adeq)late drainage to avoid pooling or ponding of water.
i. No asphalt surface will be allowed.
J. CMU shall be split faced or other architecturally approved wall. To be approved
by the City.
3.4 Roofing
a. Flat roof surfaces shall be minimized. If necessary, any flat-roofed surface shall be
"Tremco", SBS- modified bitumen roof system with cool roof coating over fesco
or equal. Mechanical penetrations shall be kept to a minimum, but when used, shall
have a 12" SBS modified granular cap sheet. Parapet walls in appropriate flashing
material, and all copings are to be galvanized metal. All terminations in the roof
shall be reflected in plan details.
b. Sloped roofs shall not be standing metal seam systems.
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c. Rain gutters will be a separate unit and independent of the other roof systems. Rain
gutters must be able to be removed and replaced without compromising the
integrity of the roofing, flashing, or building finishes. Gutters shall be designed,
sized and installed in a manner to catch watershed. Internal roof drains shall be
insulated to minimize interior noise at living areas.
d. Acceptable Roofing Manufacturer: Tremco.
3.5 Doors, Frames & Hardware - ADA
a. Locks on exterior doors shall be compatible with Station #1 master system (Best
lock system).
b. All exterior station doors (except sliding glass doors) will be self-latching and
locking, with a keypad entry adjacent to each door.
c. All interior and exterior doors shall be set in metal frames.
d. All exterior windows shall be high quality, noise-reducing, dual glaze, temperature
efficient designs, low E. Second story windows, when required, shall have a tilt
feature allowing cleaning from the interior.
e. Doors leading to exterior to be operable from interior without a key when locked.
Doors shall be self-latching. These doors shall be on the Best lock system
f. Over-sized stainless steel push plates and kick plates shall be installed on all doors
as necessary per City approval.
g. Doors leading to apparatus room, and the exterior of station shall have mechanical
closures. Doors leading to sleeping areas and bathrooms will not have automatic
closers.
h. Doorbells will be capable of alerting the day room area, sleeping areas, kitchen,
offices, gym (if necessary) and apparatus area. Doorbells will be installed at the
front, rear and other public-accessible doors. The Doorbells will have different
tones to indicate activation location. Doorbell shall be tied to station alerting
system.
3.6 Lath, Plaster & Stucco
a. The exterior shall be finished in stucco, with expansion joints and reveals to meet
or exceed code and detailed on drawings. The stucco finish shall not have a heavy
texture. After color coat, the building is to receive a fog coat to insure uniform
color and finish. After proper curing, the building is to receive a stucco sealer.
b. Color and finish to be approved by the City.
3.7 Specialties & Signage
a. The rue station sign should be approved by the Fire Department. The sign should
read "CHULA VISTA FIRE DEPARTMENT, STATION NO.8". Letter size shall
match station #7. Sign lettering will be illuminated for nighttime and controlled by
photocell in series with switching ability.
b. Address characters shall be a minimum of 6" high, visible from the street,
illuminated and controlled by photocell in series with switching ability.
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c. Provide interior/exterior signs as necessary for doors, entrances, parking areas, and
other areas as deemed necessary by fire department personnel. Include signage on
offices and restrooms. Dormitory doors will display signage with numbers as
approved by Fire Department.
d. Provide a 30' ground mounted aluminum flagpole with halyard lock, capable of
accommodating two (2) 4' x 6' flags. Location to be approved by the City (see 3.8
e).
e. Provide a mailbox in accordance with Postal Service requirements. When a mail
slot is provided in a door or through an exterior wall, the access door cover must
cover the entire mail slot opening and open outwardly. This will prevent weather
and water damage to interior of the station. If required by postal Service to be
located on the street, box shall be lock fitted and watertight.
f. Traffic Control Device: The installation of traffic control devices shall control the
intersection nearest the fire station.
g. Provide and install a Dedication Plaque similar to fire station 7.
3.8 Electrical
a. Outside lighting shall be divided into zones, with timers and switches to provide
for energy conservation. Lighting as needed to illuminate the general surrounding
area of the fire station.
b. The crew parking area shall be illuminated with energy efficient fixtures, with cost
effective replacement bulbs, controlled by photocell in series with switching
ability.
c. Working lights shall be provided at the front and rear of the apparatus room, water-
fill area, apparatus wash area and hose ramp area. These fixtures will be controlled
by photocell with individual switching ability.
d. A red light shall be located near the entrance of the fire station. The light will be
controlled by photocell in series with switching ability.
e. Two (2) lights shall be located to illuminate the flagpole. These shall be controlled
by photocell in series with switching ability.
f. Lights shall be supplied to illuminate generator area.
g. Interior/exterior automatic transfer switch shall be provided for the generator.
4.0 LANDSCAPE ARCHITECTURE AND SITE LAYOUT
4.1 All landscape and irrigation plans shall be prepared and signed by a California licensed
landscape architect.
4.2 All landscape and irrigation plans shall be prepared on City 'D' sheets to comply with
all applicable City standards, including but not limited to, the City of Chula Vista
Landscape Manual.
4.3 Landscape drawings shall conform to the design guidelines created as part of all
approved planning documents for EastIake Woods.
8 9'-97
4.4 All final Mylar landscape sheets shall be signed as approved by the Director of Parks
& Building Construction or Designee.
4.5 The landscape architect shall produce 'As Built' Mylar record drawings and digital
files for storage in the City's landscape drawing record system. Produce additional
sets of drawings as required by the landscape inspector.
4.6 Prepare a landscape site plan, in addition to the civil engineers site plan, as part of the
landscape drawing package that is a comprehensive plan of all planting areas, walks,
exterior circulation space, fencing, walls, flag poles, exterior lighting, trash receptacle
storage areas and BBQ patio areas, referred to elsewhere in this document. This sheet
shall be provided in addition to sheets showing planting, construction & irrigation and
shall be approved prior to production of construction sheets.
4.7 The planting palette shall provide a low maintenance, low water use design, with an
automatic irrigation system. The planting design shall include the use of a variety of
different plant material and forms including groundcover, shrubs and trees.
4.8 Trees shall be planted at a minimum 24" box size. All trees at or closer to hard
material than 5', shall have root barrier installed for 10' in either direction from the
center of the tree to protect the hard surface. Specify the use of a chemical root
barrier. All trees shall be watered independent from the rest of the planting areas with
two irrigation bubblers per tree on a designated valve of the irrigation system.
4.9 The automatic irrigation system shall comprise approved irrigation equipment in use
elsewhere in the City and as specified in the City of Chula Vista Landscape Manual. '
Contact the City's Landscape Architecture Division for current information. The
irrigation system shall provide appropriate amounts of water to meet the water demand
of the plant material specified such that healthy plant growth can be achieved without
surplus irrigation or run off from planting areas. All irrigation details shall be
approved by the water district.
4.10 Include a designated water meter for landscape irrigation. (Design for reclaimed water
use unless informed otherwise by the water district.)
4.11 Planting & irrigation plans shall include all modifications to adjacent landscape
irrigation systems that may be necessary as a result of the development of the fue
station site.
4.12 Other than quick couplers all exterior hose bibs for cleaning purposes shall be supplied
with potable water.
4.13 Ensure that all surface water drains away from the building. Drainage for the building
and landscape pad shall be collected on that pad for drainage off site to an approved
outlet. The landscape architect shall review all drainage proposals prepared by the
civil engineer prior to submittal to the City for approval
4.14 All turf areas shall be minimized, but if used shall be laid out to provide for easy and
efficient mowing and maintenance in combination with other fire station landscape.
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4.15 Provide planting on retaining walls. Vines shall not be grown directly on building
walls.
4.16 Foundation planting maybe used so long as there is easy access for window cleaning
and access to meter boxes etc.
4.17 Specify the application of 4" bark mulch to all planting areas.
4.18 Provide specifications for both planting and irrigation.
4.19 Include a one-year maintenance establishment period for the landscape and irrigation
prior to turnover to the City for maintenance.
5.0 APPARATUS ROOM
Please note that no pre-engineered buildings, i.e. Butler Building, shall be used.
5.1 The apparatus room of approximately 2,400 square feet shall have drive-through stalls
and shall provide two (2) bays as required by assigned quantity and size of apparatus
and will be defined in design development. Apparatus room should be a minimum of
approximately 60 feet in length and 40 feet in width. Each bay should be
approximately 19 feet in width.
a. The apparatus area shall be capable of housing 3 vehicles including any
combination of the following:
1) Two (2) triple combination pumpers (1 for front line, 1 reserve)
2) One (1) Aerial ladder truck (1 reserve)
3) One (1) Medic Ambulance
4) One (1) Utility Vehicle
b. The apparatus room shall be insulated including the ceiling or roof. The ceiling
will be finished in drywall.
c. The apparatus room shall be provided with passive and positive ventilation.
d. The apparatus room shall be constructed without columns in the open space area.
e. Provide run ticket printer area with one (1) 3-plex jack at run ticket printer area.
f. Provide a run ticket printer area with a power outlet.
5.2 Overhead doors shall be provided at the front and at the rear of the apparatus area, for
each bay.
a. Doors shall be heavy-duty commercial, sectional door with at minimum, a full-
width view panels at eye level.
b. The apparatus door dimensions are as follows:
Height: 14 feet
Width: 14 feet
c. Apparatus bay doors are to be the overhead roll-up-type, electrically operated.
10 1-97
d. Each door will have a separate electric eye and pneumatic safety device to prevent
contact with fire apparatus.
e. Overhead doors shall have a strobe blue-colored light adjacent to each, indicating
when door is moving UP or down. This lighting should be mounted on the interior,
both front and rear, and on the exterior of the rear door.
f. Doors are to be able to be operated with push buttons located by each door, and at
acentral panel located per City approval.
g. Doors will also be radio-controlled by a controller receiver on or about the door
that is compatible with existing Linear-brand fire department controllers.
Controller/receiver shall use "dip-switches."
h. Buttons shall have open, stop and close positions.
i. Vision panels of full width are required on each door.
j. All doors shall be wired to the emergency electrical circuit to facilitate continuous
operation.
k. Doors are to be factory finished with powder coating.
I. Apparatus bay doors shall have the ability to have a manual override enabling the
door to be opened manually in 1.5 minutes.
m. Apparatus bay doors shall have programmable coding compatible with CVFD
standards.
n. Lights to be mounted in position that raised doors will not interfere with
illumination of bays.
o. Doors shall have anti-noise material installed on tracks.
p. Doors and floor layout should be capable of preventing rain, wind and insects ITom
passing by doors.
q. Apparatus doors shall have signage indicating height above each, mounted on the
exterior surface, front and rear.
5.3 Apparatus room floor is to be a minimum of 6",3250 psi concrete, and reinforced with
re-bar 12" on center.
a. The apparatus floor shall be poured in keyed sections using greased rods to connect
each section.
b. Sections shall be poured in a manner to slope to floor drains.
c. Where the concrete comes in contact with sidewalls, front and rear driveways, and
any other surface, the floor will be fitted with zip cap felt and caulking.
d. Floor finish shall be hard-trowel, sealed colored-concrete. The City must approve
color.
e. The finished concrete shall be cleaned and sealed in the final phase of finish
construction. (Notes shall be made on the drawing to protect the concrete finish
throughout construction.)
5.4 Floor drains are to be located to have two (2) drains in each bay, located under the
apparatus. These are to be connected to an oil separator as required by code.
l19-/()O
5.5 Apparatus Area Walls/Wall Space:
a. Stem walls shall be a minimum of 6" high with 4' high ceramic tile wainscot with
an integral covered base.
b. A smooth 10' high x 12' wide wall surface shall be provided for a district map. This
shall be constructed similar to the map at the Training Facility. Area will have
removable Plexiglas sections provided to cover the surface. Two 4' fixtures (or
other appropriate size) in-line fluorescent lights with two (2) tubes each, shall be
provided over the map area, and provide operating switch next to the map.
c. One (1) wall mounted 4' x 6' porcelain covered steel whiteboards shall be provided
on opposite sides of the Apparatus Area as designated by the City.
5.6 Exhaust Extraction System:
a. Adequate separation between the apparatus room and the living area shall be
provided to prevent the transmission of apparatus exhaust from the apparatus area
to the living areas of the station.
b. Mechanical ventilation shall be provided for the apparatus area with direct hookups
to the apparatus exhaust pipe removing 100% of engine exhaust to the outside of
the station.
c. The ventilation system shall be automatically actuated and have the ability to
provide drive-through or back in operation.
d. System shall be Plymo-vent with City approval.
e. Mount exhaust fan and motor at opposite side of building across from living area
to prevent excessive noise from entering the living areas.
5.7 Contractor to provide pre-plumbed air outlets from the air compressor area to the front
and rear walls located on each bay pillar of the apparatus bay. Contractor will also
provide retracting reels for areas between bays. Number to be determined by length of
bays with fire department approval. Retractable lines will be capable of reaching all
areas of bays.
5.8 Electrical
a. Lighting shall be provided between each stall. Lights to be switched on or
automatically come on when the paging alert system comes on.
b. Drop cords on reels (with ratchet lock system) shall be provided on the driver's
side of each vehicle. Each cord is to be on its own circuit. The cord shall be 12/3,
600V, and water-resistant. The cord shall have a rubber coated, waterproof bell
box with a rubber coated lid, HBL17CM85, having a built in switch and an "on"
indicator light. The cord will terminate with a female 20-amp connector. A 2' foot
breakaway section will be added to the female termination having a 20-arnp male
fitting on one end and a 20-amp female compatible with apparatus plug-in, on the
other end. The 20-amp end is to hang 12" from the floor.
c. Provide electrical outlets along all walls spaced at minimum 12' intervals, on wall
between apparatus doors, and on any stem walls.
12 9",/¿J/
d. Provide one (1) 3-plex jack at run ticket printer area with data and phone
capability.
e. Provide a power outlet at this location.
6.0 SPECIALIZED ROOMS/AREAS (WASH ROOM, WORK ROOM, ELECTRICAL
ROOM, MECHANICAL ROOM, LOCKER ROOM, WEIGHT ROOM, AND
COMMUNICATION ROOMS)
6.1 A washroom of approximately 130 square feet shall be provided, and contain a washer,
deep sink, shower area, ice maker, hose bib, mop sink, EMS decontamination sink, and
equipment drying area.
a. The washroom shall have same finished surface as apparatus room with a central
floor drain.
b. A decontamination shower stall will be provided, being 4' x 5' in the clear.
c. A wall mounted deep sink and EMS sink shall be provided in this area. EMS sink
to have foot mounted control pedals. Faucet height shall be approved by the City.
d. Provide area to accommodate commercial front-load washer. This area for the
washer shall have hot and cold water, a drain for a residential washer and a floor
sink for a commercial washer, and provide space to house either type of unit.
Provide cabinet for miscellaneous storage with adjustable shelving.
e. See allowances for washer/dryer.
6.2 WorkRoom:
a. A workroom approximately 150 square feet is needed directly adjacent to the
apparatus area.
b. A compressor shall be installed and plumbed to provide access at all areas of the
apparatus room. Space shall be provided for a compressor capable of providing
nine (9) cubic feet per minute at 175 psi. The workbench will have a minimum of
41" clearance from floor to work bench. (An air compressor shall be installed on
the exterior of the apparatus room in a weather protected, well-ventilated room
with appropriate electrical supply).
c. Contractor will provide portable pressure regulator (capable of reducing pressure
from 200 psi to 50 psi) with quick disconnects for use at plumbed air outlets.
d. A 32" x 8' workbench constructed with a solid, 1 1/2 " hardwood top shall be
provided with a steel plate on top. A space shall be allowed for mounting a vise on
workbench top. Provide white pegboard above workbench for tool organization.
e. A floor drain will be installed in this area.
f. Provide cabinet with doors for miscellaneous storage with adjustable shelving.
6.3 Water Heater Room
a. Provide a separate area for water heater system, commercial quality as per UBC.
b. Water heater shall provide hot water to the entire facility.
c. All hot water pipes are to be insulated
139~/O.l-
d. Hot water should have circulation system with timer control for continuous hot
water.
6.4 Electrical Room: An approximately 50 square foot electrical/mechanical room shall be
accessible by San Diego Gas & Electric Company.
6.5 Communications Equipment Room
a. A communication room approximately 40 square feet shall be provided with
enough space to house computer LAN, telephone equipment, station alerting, cable
TV, and communications equipment.
b. The room shall be air-conditioned.
c. . The walls shall be covered with painted 3/4" plywood, good one side, beginning 3'
off the floor and extending to 7'.
d. The contractor will also provide a mounting area for communication equipment.
e. Provide conduit, pull boxes, and pull cords to all rooms requiring communication
connections, including phones, cable TV, paging, station alerting and computer
equipment.
f. Provide four (4) circuits in communication room in double duplex boxes. Each
circuit shall be on emergency power.
g. Provide a two-inch conduit between the communication room and a weather head
mounted on the exterior of the building. This shall be located on a high portion of
the building next to a location for an antenna mount. An antenna mount shall be
provided using two unistruts placed 2' apart securely attached to the building.
h. Submit site plans to SBC Electrical Engineering section for SBC facilities site
plan.
i. Provide and install painted plywood backboards.
J. Conduit from the street into the MPOE must have a pull rope.
k. Conduit at the street must stub up eight inches above finished grade.
I. Conduits at the street (if more than one) must be grouped close enough together for
a pedestal to fit over.
m. There must be a ground wire in the MPOE attached to the ground used for/by
SDG&E #6 solid or #4 strand.
n. Contact SBC for MPOE inspection prior to SBC bringing telephone facilities in
form the pedestal/street.
o. The Communications Equipment Room shall be sufficiently lit.
p. Door shall open outward.
q. See Attachment 18.3 Phone Chart.
6.6 Storage Room / Hose Storage Area/Turnout Drying Rack:
a. Provide a storage room of approximately 105 square feet with interior and exterior
access, vented doors, and be located near hose drying rack area.
14 f"Ir1~
b. Hose racks shall be installed to provide storage for hose compliment assigned to
station. The City must approve.
c. Install an exhaust fan with 6-hour manual timer switch.
6.7 Turnout Room: A turnout room shall be provided to house the required number of
tumouts for the crew size. The room shall be vented to the exterior and enclosed with
doors. Room shall have no sources of direct sunlight.
a. The number of lockers for a crew of six (6) shall be 21.
b. The lockers shall be affixed to the walls off of the floor. (See attached
specification sheet.)
c. The tumout room of approximately 210 square feet shall be located next to the
apparatus room. The room will be provided with passive and timer-switch-operated
positive ventilation.
d. Install a built in storage-shelving unit to accommodate storage of black bags.
Specifications similar to station 4 and 6.
7.0 LIVING AREAS
7.2 CAPTAIN OFFICES: one (1), with a minimum of 144 square feet each, and each to
provide for: (office furniture to be purchased by Office Pavilion or current City
vendor).
a. Two (2) City Standard Work Stations with swivel chairs.
b. Counter space for a computer, printer, and a facsimile machine.
c. A space for three (3) legal size 4-drawer file cabinets, to be. provided by the Fire
Department.
d. Provide space for a four-shelf bookcase (48"x36").
e. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
f. Provide two (2) 3-plex jacks, two (2) for phones two (2) for computer and one (1)
for fax.
g. Install a built in lock box for key storage.
7.3 ENGINEER AND FIREFIGHTER OFFICE with a minimum of 144 square feet and
provide for:
a. Two (2) City Standard workstations with swivel chairs.
b. Counter space for a computer, printer.
c. A space for one (1) lateral file cabinet, to be provided by the Fire Department.
d. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
e. Provide two (2) 3-plex jacks, two (2) for phones, two (2) for computers.
7.4 PARAMEDIC OFFICE with a minimum of144 square feet and provide 144
a. Two (2) City Standard workstations with swivel chairs.
15 r-/tJ¥
b. Counter space for a computer, printer.
c. A space for one (1) lateral file cabinet, to be provided by the Fire Department.
d. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
e. Provide two (2) 3-plex jacks, two (2) for phones, two (2) for computers.
7.5 MAIN ENTRY DQOR:
a. The main entry door and entry area shall be located next to the offices and near the
ADA bathroom.
b. There shall be a wall-mounted bronze dedication plaque similar to Fire Station No.
7.
7.6 DAY ROOM:
a. The day room of approximately 400 square feet shall be large enough to house the
number of crew (6) assigned to the station in large chairs
b. Room is to be separate from the kitchen and dining area.
c. Provide built-in cabinet space for a 36" TV, videocassette recorder, DVD Player,
and Cable T.V. box with access to a double duplex outlet. This unit may be
designed with shelving for books. Wiring for surround sound shall be included.
d. Floor is to be carpeted in this area.
e. Provide one (1) 3-plexjack.
7.7 KITCHEN AND DINING AREA
a. The kitchen and dining rooms may be designed together or considered separate.
The dining and kitchen areas combined shall be a minimum of 400 square feet. If
the two are to be open to each other sufficient wall space will be considered to
allow adequate cabinets for storage.
b. Provide table area capable of seating eight (8) personnel in dining area.
c. The floor of both areas are to be porcelain ceramic tile with minimal dark grout
lines or sealed colored concrete. Use only epoxy grout.
d. Provide place for receptacle and recyclables in kitchen/dining area similar to
Station 7.
e. Towel dispenser (tri-fold) shall be mounted in a convenient area closest to each
sink compatible with city standards.
f. Provide area for commercial type coffee maker.
g. Cabinet Space I Storage Space:
1) All cabinets shall be W.I.C. Custom Grade.
2) The sides, bottoms, backs, and doors are to be 3/4" exterior glue plywood
Formica laminated on all exposed sides. The top is to be 3/4" ply as a backing
for counter top. Shelves shall be 3/4" exterior rated ply covered on both sides
with laminate, edge faced with 1 1/4" banding, and be adjustable. No
particleboard with melamine.
16 ?~7Í; ~
3) Doors are to be installed with stainless steel Rockford Process Control hinges,
851 overlay brushed stainless steel. Pulls are to be stainless steel wire pull type.
4) All cabinet exposed surfaces shall be plastic laminated material.
5) Provide three separate pantries, each pantry is to have individual lock and key,
the minimum size of each pantry is 2' x 2' x 8', with adjustable shelves.
6) All cabinets over 18" deep shall have pullout shelves.
7) Provide cabinets over the kitchen counter to assure adequate storage space for
dishes and food.
8) Base cabinet counter tops shall be 37 1/2" high with drawers on heavy-duty
glides. Cabinet space shall be maximized to provide adequate storage for
utensils, pots, pans, and food.
9) Provide a solid surface (Corian type) kitchen counter with full back splash to
bottom of upper cabinets and a built-in double sink. Sink to be stainless steel
under mount #4 finish, l4-gauge bottom coated. Dimensions: 34" total width,
each sink 17" x 14" x 10" depth; sink to have a one (1) hole, single handle
control with integral pullout spray attachment. Provide a heavy duty (minimum
3/4 horsepower) stainless steel garbage disposal.
10) Provide reverse osmosis drinking water system with countertop dispenser.
System to be approved by the City.
ll)Provide dishwasher and provide space and all connections. Washer shall be
installed to allow for its removal with finished floor. Dishwasher model to be
approved by the City.
12) Cabinet shelf for microwave built into upper cabinets. Provide two (2) open
upper cabinet space (shelves) and electrical outlets for two (2) 1.5 cubic foot
microwave ovens. See station 7 specifications.
h. Wall and Floor Surfaces
1) Walls shall be covered with a maintenance free wall covering material with a
gloss surface.
2) A stainless steel wall surface is required adjacent to the range-cooking surface.
3) Floors shall be covered with a porcelain ceramic tile with minimal dark grout
lines or sealed colored concrete. Use only epoxy grout.
i. Refrigerators:
1) Provide space, water supply, electrical outlets and ventilation for three (3)
Energy Star Model, refrigerators to accommodate six (6) people on three (3)
shifts similar to Station 7.
2) Refrigerators to be approved by the City.
J. Gas Range and Oven:
1) Provide a 36" wide Viking heavy-duty gas range with convention oven.
2) Rear walls shall be covered in stainless steel.
3) Stove to be adjacent to cabinets with adequate protection.
17 1-/06
~---~--
4) Provide a 36" wide stainless steal shelf, 18" high.
k. Range Hood;
1) A matching Viking stainless steel, hood for 36" range with warming I lights
shall be provided.
2) Range hood shall include lights, a two-speed, roof-mounted exhaust fan with a
3/4 HP motor capable of proper CFM, and removable, washable stainless steel
filter screens.
8.0 SLEEPING AREAS (All dimensions are in the clear.)
Sleeping areas shall be located to minimize disturbance to others when one crewmember is
alerted and responding to emergency incidents. Each room shall be insulated and have sound
battens on adjoining walls. Minimize disturbances from noise.
8.1 All Sleeping Areas:
a. Shall be 11' x 11' rooms.
8.4 Lockers are to be provided in each dorm room.
a. Four lockers shall be located in each room.
b. Lockers shall meet standard Chula Vista Fire Department personnel locker
specifications similar to Station #7 (see attached drawing attachment). Locker
towel rack and shelf height to be approved by the City.
c. Provide an inset key lock similar to Fire Station No.7. Each locker is to be keyed
and marked from 801 to 824. A master key is to be provided to the City.
8.5 All sleeping areas shall have desks built-in each room.
a. 40" desk units with shelving similar to station 7.
8.6 Lighting:
a. Provide fluorescent under shelf mount lighting above each desk, with individual
control.
b. The overhead lighting fixture is to be individually controlled from within each
room.
c. Provide an exterior window to provide natural light.
d. At the head of the bed provide one ceiling installed can light to facilitate reading in
bed. Light should have dimmer switch near head of bed. Light choice and location
to be approved by the City. Do not use fluorescent fixture.
8.7 Wall mounted adjustable swivel television brackets shall be placed in each dorm room
with cable and electrical outlets provided. Similar to station 3 and 4. Do not duplicate
station 7.
8.8 Provide one (1) 3-plexjack for each room.
9.0 BATHROOMS
9.1 Bathrooms of approximately 80 square feet minimum shall be provided to
accommodate separate male and female occupancy.
18 f-/c7 7
9.2 At least one bathroom shall meet ADA Requirements for public and stafE
9.3 Provide a shower, a sink and a commode per each two (2) engineers or firefighters.
9.4 If partitions are to be used, they shall be Phenolic or solid plastic type, with stainless
steel hardware, and no metal partitions.
9.5 Showers:
a. Showers shall be 36" x 40", in the clear with rain-glass shower doors, with
individual drying enclosures which will be contiguous with their respective
showers. The enclosure will have a folding seat with phenolic seat and stainless
steel frame, as Bobrick B5l9l, three double stainless steel hook, and two (2) 24"
towel bars, Bobrick B205.
b. Showers are to be hot-mopped in or have a solid terrazzo or equal pan.
c. The tile at the shower area is to be epoxv e:routed.
d. Provide one (1) inset tiled area (approximately 14" x 14") for soap and shampoo
bottles.
e. Showerhead plumbing shall be 6' 4" high on wall.
9.6 Lavatory Sinks:
a. To be mounted on 37 1/2" cabinets, solid surface (Corian type) counter tops with
built-in solid surface sinks.
b. Mirror will be constructed with a stainless steel frame, as Bobrick B290, callout
varies with size, minimum 2' x 2'.
c. Install 24" stainless steel towel bar.
d. Sinks and faucets to be approved by the City.
9.7 Soap Dispenser:
a. A liquid soap dispenser shall be provided for each lavatory.
b. Liquid dispenser to be compatible with soap now being used by the fire
department.
9.8 Towel Dispenser:
a. Towel dispenser shall be mounted in a convenient area closest to each sink.
b. Towel dispenser to be tri-fold wall mount.
9.9 Toilets:
a. Commodes shall be residential quiet flush toilet (tank type) and be enclosed by
walls or partitions.
b. Partitions shall have a double roll toilet paper dispenser, shoreline 830, and toilet
seat cover dispenser.
c. Toilet to be approved by the City.
9.10 Floors are to have floor drains and be finished in porcelain ceramic tile with minimal
dark grout lines or sealed colored concrete. Use epoxy grout.
9.11 The walls are to have tile wainscot to 4' .
19 f-/tl P
9.12 Each shower and toilet shall have a separate fan. Bathroom fans to be on separate
timer switches.
9.13 No plumbing or towel dispensers shall be installed on or in walls adjacent to dorms.
Any plumbing that intersects the concrete slab shall be sleeved to prevent possible
damage.
9.14 Bathroom tile to be mounted on wonder board or cement with thin set, Iio mastic.
9.15 Counter tops shall be solid surface (Corian type) or a similar material and to be
approved by the City.
10.0 EXERCISE / PHYSICAL CONDITIONING AREA
10.1 An exercise room or physical conditioning area shall be provided in the fire station.
10.2 Exercise room shall be a minimum of 300 square feet and be provided with windows,
and have HV AC.
10.3 Provide ceiling fans.
10.4 The walls will be backed with a minimum of 1/2" ply with drywall covering, and have
backing to mount burden equipment.
10.5 The floors shall be on concrete or have double 3/4" plywood and covered with rubber
gym flooring. Flooring to extend up wall a minimum of2 feet.
10.6 Flooring to be approved by the City.
10.7 Provide wall mounted adjustable television bracket, 27" max. with cable and electrical
outlets.
10.8 Location to be determined by the City.
10.9 See alternates for full-length mirrors located at walls near equipment.
10.10 Ceiling to be a minimum of9 feet flat or vaulted.
10.11 Provide television-mounting bracket that will also accommodate stereo receiver.
Install two (2) ceiling mounted speakers similar to station 2 Bose system.
11.0 STORAGE ROOMS
11.1 Provide as many rooms as possible to best utilize space.
11.2 At minimum there shall be two (2) supply closets and one (1) storage room of
approximately 100 square feet accessible from the exterior for equipment and tools,
including gasoline storage.
11.3 Lockable storage shall be provided to accommodate drugs and medications.
12.0 PATIO
12.1 Provide a private patio with gas outlet for a barbeque, a 5' privacy wall and drainage
as necessary.
12.2 Provide patio cover similar to station 7.
13,0 STAND-BY GENERATOR
13.1 A diesel-fueled stand-by generator shall be provided for continuous standby service.
20 y-/¡J1
13.2 Fuel will be utilized from a day tank mounted on the generator and/or automatically
refilled from the above ground diesel storage tank. Pumps and controls shall be
provided to keep the day tank filled and sufficient check valves are needed to maintain
a prime at the generator engine.
13.3 A trickle charger shall be installed to maintain proper charge of generator batteries.
13.4 The stand-by generator shall operate the entire station.
13.5 Provide an automatic transfer switch at generator.
13.6 The generator and its engine shall comply with the most current Federal, State, County
and Local laws, regulations, standards, and codes. The engine shall be carbed certified,
and meet all EP A standards.
13.7 Site away from sleeping areas.
14.0 GENERAL PLUMBING
14.1 Toilets shall be floor mounted with water saving flush valves.
14.2 The restrooms shall have floor drains with trap primers. Primers are to be solid brass
or bronze, no plastic parts, and are to be finished in inspection panels.
14.3 Hose bibs on fÌ'ont of the station shall be installed with box housing and be loose key
type. Hose bibs inside secure rear station areas shall be exposed and have operating
handles.
14.4 Plumbing walls shall have 2" x 6" studs.
14.5 All hot water pipes are to be insulated. Hot water should have circulation system with
timer control for continuous hot water.
14.6 All angle stops are to be ball-type.
14.7 Shower valves are to be compatible with City plumbing standards with integral stops
and to be approved by the City.
14.8 Kitchen faucet single hole faucet with pull out sprayer, compatible with City standards
and be approved by the City. Kohler sinks with Chicago faucets.
14.9 Lavatory faucets are to be single handle and compatible with City standards and be
approved by the City.
15.0 GENERAL ELECTRICAL
15.1 Switches, panels and breakers shall only be Square D.
15.2 Outside lighting shall be divided into zones, with timers, photoelectric cells, sensors
and switches to provide for energy conservation. Lighting shall be provided as needed
to illuminate the general surrounding area of the fire station.
15.3 Cost of replacement bulbs, and compatibility with existing fixtures used by the City
shall be considered in selection of fixtures.
15.4 Flexible conduit should only be used to connect motors and for layout of fixtures.
15.5 All receptacles and switch boxes shall be 4" x 4" x 1 1/2" with mud rings.
15.6 Telephone systems, computer systems, radio communications, and cable television
systems shall be designed in the building development.
219-//0
15.7 Computer systems shall be on dedicated circuits.
15.8 Use stranded conductors for all feeders and branch circuits.
15.9 All wall switches shall be commercial grade, heavy duty, 20-amp, l20v/277v and
duplex receptacles shall be commercial grade heavy duty, 15-20 amp l20v/277v.
15.10 Wall plates shall be non-breakable nylon or stainless steel.
15.11 Use standard light fixtures where possible and no incandescent lamps.
15.12 Provide wire markers on each connector in the pull panel, pull boxes, and junction
boxes. Label the inside of all cover plates and junction boxes with the appropriate
circuit number.
15.13 Connect all wiring device grounding terminals to outlet box with bonding jumper.
15.14 All other wiring to be concealed in EMT or rigid conduit.
15.15 Plenum rated cable to be used.
15.16 Run printer area shall have one (1) 3-plexjack.
16,0 TRASH ENCLOSURE
16.1 Adequate enclosed space shall be provided for trash, recycle material and garbage
containers 8' x 5' x 6' high minimum.
a. Provide a hose bib at trash enclosure.
17.0 ATTACHMENTS
17.1 Dormitory Locker Design (Similar to CVFD Station #7)
17.2 Safety Clothing locker specifications.
22 9,11/
Fire Station #3 Locker Plan
~ Top 4" Panel
All measurements
l' High are interior measurements
2' 5 1/4"Width
l' 8" Deep
Clothes Bar
Adjustable
Shelf Mirror
l' x 2' 2"
. Adjustable
0> Shelf
M 1'21/4" 11/4"x4"x16"
Wide Shelf
- l' Deep I I
'<t
t-.. Adjustable I I
Shelf
18" Towel Bar
l' 3" Minimum of 30"
Wide Clearance to
l' Deep bottom of door
Built-in
Shelf
l' 2" High
l' 4" Deep
Bedding Drawer
1'1"High
1'10" Wide
1'11" Deep
~ Kick Panel
Locker Door
Locker
H:\ADMINIBuilding and Park ConstructionlFire Station #8\CVFD Program.mft.doc
23 <1'-1/ ¿
'T'heFireStore.com - Page 10f2
U " " ,
Home My Cart Help Coni
F ---
I Search:
Search Tips Geannastel'Š" Provide maximum
A1R-FLOW LOCKERS'M with open air benefits
Browse by: turnout geal
~!í~1i¡!,--- GEARMASTERS Air-Flow
'NEW Products. Lockers come in four sizes. One, Model Dimensions
Airport/Crash Rescue two, three and four section
Axes. Hooks & Tools combinations are available. Each VsL-1 18"w x 21"d x 78"h
BadgeslMedaliions firefighter's locker has interior
Bags, Ainnask dimensions of 18" width, 21" VsL-2 36"w x 21"d x 78"h
Bags, EMS depth and 72" height. Lockers are
Bags. HazMat painted with a light gray enamel, VSL-3 54"w x 21"d x 78"h
Bags. Hose with several other colors
Bags. RIT/FAST available, and each has a VSL-4 72"wx21"dx78"h
Bags, Rope stainless steel recessed handle These models are;
Bags, Self Rescue that can accommodate your own through GSA Cor
Bags, Turnout Gear padlock. 18" wide doors are one GS-28F-80S,
Bags, Water Rescue piece, full width. Standard locker construction is flat top with
Be~s. Duty/Unifonn 6" legs. The rear legs are adjustable to compensate for
Belts. EMS uneven floors. Base enclosure panels are an option.
Belts, Escape/Access Lockers can be furnished without legs for curb or wall
Be~s, Last Chance mounting installations.
Belts. Tool
Belts. Truckman GEARMASTERS Air-Flow Lockers are
Books/Novels shipped "knocked down" for field
Boots assembly. Detailed instructions are
Carabiner/Descender provided. A 3/8" socket driver is the only
Coat/Clothing Racks tool required. Each locker section is
Collar Pins/Insignias provided with a 6" plastic name tag
Decals holder and one Air-dry Coat Hanger
EMS Equip & Supplies
Eye Protection
Fire Police Supplies
Fire Station Organization
FireStore Apparel
Flashlights
Gear Keeper GEAR MASTERS Air-Flow Lockers
GearMas!er Racks are designed for fire service
Gerber Knives & Tools applications that require a high
Gift Items degree of ventilation and strength,
Gloves or where visible inspection of locker
Gold Leaf Shields contents is desired. These are ideal
Helmet Front Holders for career personnel to secure their
Helmet Parts turnout gear and belongings when
Helmet Trim off duty. The doors are made from
HELMETS 14 gauge steel, the backs of 18
Hoods gauge. A diamond shaped pattern
Knives in the doors and sides permits
Leathennan Tools maximum air circulation around the
Miscellaneous fire gear, thus enhancing the drying time and dissipation of
Pager Cases/Holders smoky odors.
PASS Devices
Pelican Cases
Radio Straps/Cases
'f-/I!;
http://www.thefirestore.com/store/category.cfm?cID=405 04/26/2004
TheFireStore.com - Page 2 of2
Rehab Equipment ...
RopeNVebbing SpecificatIons
Safety Apparel
Salvage Covers ~n:~ERIAL: All parts made from cold rolled sheet steel. free from surface Imperfection. and capable of taking a high
Shields Of Valor
Skin Protection Kit FINISH: All parts to be thoroughly cleaned before painting and given a bonding and rust resisting phosphate coatin¡
Smoking Receptacles ~~~~;~o:¡:,o:~::=~~ ~~~~O:~~~~ilgt~ ~~~::e~a~ne~~f;~~:~~o~~; t~I~~~~~:~~m,:~hr~~~t~~~~~e;o~~~r:~~~~~~:
Staging Mats tough. durable finish. Standard color to be light gray. Additional colors available upon request. Hardware to be cadm
Suspenders 24 truss fin head bolls and hex nuts.
Thread Save¡@ DOOR FRAME: All door frame members to be not less than 16 gauge fonned to a channel shape. Vertical membe"
Traffic Cones additional fiange to provide a continuous door strike. Cross frame members of 16 gauge channel shapes shall be se
Turnout Gear vertical framing members to insure ligidity.
Turnout Gear Storage DOORS: Doors shall be formed of one piece 14 gauge. cold rolled sheet steel Formations shall consist of a full chal
Watches lock side of adequate depth to fully conceal the lock bar. channel on the hinge side and light angle fonnations acros
Wildland Firefighting bottom. Doors shall be perforated for free air flow while leaving sufficient metal for door strength and rigidity utilizing
perforations3f4" X 1-112'.
DOOR HANDLE: Handles shall be completely recessed in the door and be finger lin control The formed pocket sh,
stainless steel. securely fastened to the door with two lugs plus a positive tamper resistant decorative fastener. The
sufficient depth to prevent a combination padlock from protruding beyond the face of the door. A lock hole cover pia
provided for the use with padlocks. The lifling piece shall be 14 gauge fonned steel, attached to the latching channe
concealed retaining lug and one livet assuling a positive two point connection. It shall have a sound deadening mol,
attached with a rivet.
LATCHING: Doors to have a latch clip engaging the door frame at three points. Locking device shall be positive. aul
rubber silencer shall be provided at each latch hook and shall be finnly secured in the frame and retained by the lat<
hook to have a bevel on front upper edge to allow latch clip to ride up slope as door is closed. Latch hooks shall h"
HINGES: .050" thick. double spun. full loop, tight pin fiveknuckle hinges with double wrapped leaves. 2" high projecl
door frame and securely fastened to the door with two rivets. Each locker door to have three hinges.
CONSTRUCTION: Built on the unit principal. each locker shall have an individual door and frame. individual top. boo
and common intennediate uprights separating compartments.
BODY: Bolt spacing in locker body construction not to exceed 9" O.C. All locker body components shall be made of (
specially fonned for added strength and rigidity and to insure tight joints at fastening points. Locker side panels shal
cold rolled sheet steel perforated with diamond shaped openings 3/4" X 1-112" high in such quantity and pattern as t
maximum ventilation. Locker backs shall be fonned from 18 gauge cold rolled sheet steel with right angle flanges or
side for stiffness. ease of assembly. and to provide comer rigidity to the locker unit. Tops. bottoms and helmet stora
fonned from 16 gauge cold rolled steel fully flanged on all sides for added stiffness. The helmetsheWshall have an I
flange on the front edge creating a channei shape to rigidize the impact surface.
INTERIOR EQUIPMENT: Lockers to have a helmet shelf located approximately 12" below top of locker. Coat hange
wide and boits to each side along with a single prong wall utility hook. Two additional utility hooks are provided for n
interior of locker rear walls.
HOW ABOUT SOME CHANGING SENatES?
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36" ($123.0(
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=~ and heavy duty lubular framework and &.-_--~
IH_I stainless steel lubular pedestal legs.
4ÍIIìÞ P&R Products Company, @2002. .
. .. 158 W. allace Ave., .Do..wnin9tDwn, PA 19335 '
800-852-6088 Fax 888-335-9800
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LEGEND 16314
fillill' INOICATES A/if:'4 OF Oé/}ICATlON flJR
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PORTION OF OJ;fY lAKEs Ha4/}
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2 Sln<l'1'-W - 188.OJ' PER OOCtIMENT H£C.
MAHeH 6; 2001, AS filE
J S57"2J'I6"W - 29.91' NO. 2OO1-o126OJ6 .
<I N76"#I-S7"W - 12.16'
6 0-<17'<12" I5()6.I,OO' 70.27'
7 N77'J7'J9"W - 57.20'
.t"ASTLAKE WOODS æ
DEDICA TION F..,OR FUTURE FIRE STA nON
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MAP NO. 14394
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EXHIBIT 2
Design Build Fee Structure
J:\General Services\GS AdministrationlDesign Build Agreements\FS No B DB Agmt Rev 070604.doc II
f'-/~
------------- -
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= RUDOLPH AND SLETTEN & JEFF KATZ ARCHITECTURE - DESIGN & PRECONSTRUCTION SERVICES
~ RUDOL;:~'~:ETTEN
PROJECT: City of Chula Vista Fire Station No.8
~ LOCATION: Chula Vista, CA (¡
DATE: May 18, 2004 un.., d' ...".m.. ,..,..,.,...
9
= DESIGN & PRECONSTRUCTION RECAP TOTAL REMARKS
SCHEMATIC DESIGN PHASE $ 50,000
~ SCHEMATIC DESIGN ESTIMATE $ 5,636
DESIGN DEVELOPMENT PHASE $
DESIGN DEVELOPMENT ESTIMATE $
CONSTRUCTION DOCUMENT DESIGN PHASE $ 110.000
~ 50% CONSTRUCTION DOCUMENT ESTIMATE $ 7,172
PROCUREMENT ASSISTANCE FROM DESIGN TEAM $ 2,500
PROCUREMENT $ 10.900
SCHEDULES $ 1,792
~ DESIGN MEETINGS $ 39,952 Weekly. 1.5 Hours average
CD QUALITY REVIEW $ 3.312
MISCELLANEOUS (Reimbursable) $ 4.500 Printing
CONSTRUCTION ADMINISTRATION $ 42,500 Design team
:! TOTAL ~$ 278,26411
~ PRECONSTRUCTION DURATION START END WEEKS
617/2004 11/1812004 23.00
P
~
~
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Page 1 of3
-----------.- -
i
~ BUDOL;-:-i::BTU"
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----------,--,-----
City of Chula Vista Fire Station No, 8
;j GENERAL CONDITIONS WORKSHEET
~ DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
~ PROJECT PERSONNEL
Project Executive - Rene Olivo PT 1.0 WKS 5440 5440
Proiect Mananer - Howard Mills 1/4 Time' 9 WKS 3217 28953
J Proiect Suoerintendent - Keith Lananer Full Time 36 WKS 3000 108000
Proiect Enoineer. TBD 11/2 Time 9 WKS 1579 14211
Field Office Coordinator. TBD (1/4 Time 9 WKS 1480 13320
~ Saletv Coordinator WKS Cost of Work
Saletv Insoector 35 WKS 114 3988
SUBTOTALS 168472
:J PROJECT SITE OFFICE
:J 1 LS 5000 5000
8 MOS 500 4200
8 MaS 150 1260
ent-Com uter Co ier Fax 8 MaS 350 2940
~ 8 MaS 350 2940
8 MaS 250 2100
8 MaS 250 2100
:J Cost of Work
menUFirst Aid Su lies 1 LS 1500 1500
SUBTOTALS 22040
=å GENERAL EXPENSES
:! Renro. Costs/Coordination Drwos Onlv) 1 LS 500.00 500
Schedulin 8 MaS 150.00 1260
Prooress Photos 8 MaS 150.00 1260
Insurance Cost of Work
~ Bonds Cost of Work
SUBTOTALS 3020
:::! TEMPORARY SERVICES
Toilets/Handwash Stations 8 MaS 625 5250
:J Storane Container 8 MaS 250 2100
Dumnster/Debris Box 8 MaS 650 5460
Temoorarv Power tusane onlv-install Cost 01 WOI 8 MaS 300 2520
Temoorarv Water 8 MaS 100 840
~ SUBTOTALS 16 170
:w
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~
~ Page 1 012 9":'/;'2.
---- ---------- --- ----~---~----
~
~ BUDOL;".:~:'nn..
._..__.._~.._-
City of Chula Vista Fire Station No.8
~ GENERAL CONDITIONS WORKSHEET
J DESCRIPTION QUANTITY UNIT UNIT COST
~ SITE SERVICES
Securitv Guard Services Cost of Work
Securitv Site Fencina Cost of Work
~ Barricades Cost of Work
Traffic Control Cost of Work
Dust Control Cost of Work
:i SUBTOTALS
MISCELLANEOUS ITEMS
J Survev- Stakino & Restakinn Cost of Work
Dailv Clean UD Cost of Work
:i Final Clean UD Cost of Work
SUBTOTALS
:] PROJECT VEHICLE EXPENSES
Trucks/Cars Included in Labor Rates InL_barR_les
:j Car Exaense /Included in Labor Rates) In L_bor R_les
Fuel 8 MaS 500 3926
SUBTOTALS 3926
J
TOTAL GENERAL CONDITIONS I 216,348 I
~
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~ Page20t2 ?7~3
- ----.-- - -~--------
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RUDOL;H!SLETTEN
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I Schedule of Rates and Fees
~ Design and Preconstruction Services
The enclosed "Design & Preconstruction Services" spreadsheet
J provides our estimate for design and preconstruction services.
This spreadsheet indicates the number of milestone estimates and
] hours we anticipate to properly manage the design and
preconstruction process.
~ As this spreadsheet indicates, we have calculated the total design
and preconstruction services costs to equal $278,264.
~ Project General Conditions
We have calculated the total General Conditions based on an 8-
~ month construction duration. The enclosed spreadsheet provides a
detailed breakdown of our general conditions, which total
$216,348.
) The items listed as "cost of work" will be competitively bid by the
~ trades.
Cost of Work Multipliers
d Our fee is 5.25% of the total cost of the work.
d Our liability insurance rate is $9.50/$1,000 based on the total cost
of work.
d Our builders risk insurance rate is $9.00/$1,000 based on the total
cost of work.
¿ Preliminary Cost Estimate
Included in this section is a comprehensive cost estimate that takes
~ into account all design and construction costs. All assumptions
used to create the estimate and all areas of concern are noted.
:J Change Orders
Our fee for change orders is 10% ofthe total cost ofthe work.
::J Payment and Performance Bond Rate
Our Payment and Performance Bond rate is 1 %.
::3
:I f -/ø{ 'i
City of Chufa Vista Are Station No.8
Q Proposal for Design/Build Services Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
RUDOL;':'!'~.~ETTEN
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Schedule of Rates and
Safety Program
Rudolph and Sletten prides itself on being the safest building
contractor in California in its size category. We have won many
awards over the years, both state and national. Our safety record is
I five times better than the average for California contractors in our
size category. Our Workers Compensation Insurance manual rate
modifiers for the past three years are as follows:
I 2001 2002 2003
79% 75% 85%
I Rudolph and Sletten is nationally recognized leader in
a
I construction project safety. It is our firm belief that all injuries
can be prevented and we will take every possible step to make
that belief a reality. This commitment is shared by each member
! of our project team and anything less will not be tolerated.
! The keys to a successful safety program are awareness, clear
communications, genuine concern for worker safety and the
development of a "can do" attitude and team approach to accident
! prevention.
Since our inception, Rudolph and Sletten has focused a tremendous
~ amount of management energy on providing a safe work place for
our employees and our clients. Examples of Rudolph and Sletten's
[;! safety program include monthly safety dinners for Rudolph and
Sletten Superintendents, Foremen and Jobsite Safety Coordinators,
an in-house safety department, and Jobsite Safety Coordinators
~ assigned to each project.
:g A successful safety program not only results in cost savings for our
clients, but also is good business. Rudolph and Sletten has not
been cited in the last five years. We have been successful in our
:;g safety efforts because we have established an effective injury
prevention program that employs continuous leadership and effort
by everyone involved: management, job supervision, and our
:! crafts people.
:!
~ 9*/.)!?
City of Chula Vista Fire Station No.8
t! proposal for Design/8uild Services Submitted by Rudoiph and Sletten, Inc. and Jeff Katz Architecture
~--~~-
~ R UDaL ;':'..'~'~ E T TEN
~
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~ Schedule of Rates and Fees (Cont.)
~ We treat safety as an integral part of production and believe that
the two cannot be separated. It is for these reasons that we require
~ all workers on our projects to attend weekly safety meetings, as
well as view our safety orientation video. Each project has its own
..,. safety team and program that integrates the policies and provisions
..;;;¡ of the Company's Program, tailored to meet specific project needs.
=! Preliminary Schedule
We have provided a preliminary schedule at the end of this section.
:=!
=!
=í
~
~
~
~
~
'P-'/.lb City of Chula V'1Sta Fire Station No.8
Proposal for Design/Build Services Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
_.~_._---_..__._----
EXHIBIT 3
Identification of Design Build Team Members
J:\General Servlces\GS Admlnistration\Design Build Agreemenls\FS No 8 DB Agmt Rev 070604.doc III
7-/.1.7
RUDOL;o:'!.~'~ETTEN
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i Project Organization and Key Personnel
j
!
The City ofChuIa Vista
~ Fire Station No.8
Matt Little, Senior Civil Engineer
Building and Park Construction
! Rudolph and Sletten, Ine.
Rene Olivo, Project Executive
~ Howard N. Mills, Project Manager
!
J Jeff Katz Kevin Reynolds Jeff Katz
Jeff Katz Achitecture Senior Estimator Construction Administration
~ JeffZubik Mike Dugger Keith Langer
Jeff Katz Architecture Mechanical Estimator Superintentedent
J Mike Hollman JimCmon Roman McNaughton
Jeff Katz Architecture Electrical Estimator Project Engineer
Gordon K. Axelson Keith Langer To Be Detennined
~ BDS Engineering. Inc. SuperintendenU Field Office Coordinator
Constructibility Review
Simon Wong
:J Simon Wong Engineering. Inc.
Gene Walsh
~ Walsh Engineers
Larry Zanunit
!LA + Zammit Engineering
~ Patrick J. O'Connor
Parterre Landscape Architects
~
~
~
I 9~M8
City of Chula Vista Fire Station No.8
I Proposal for Design/Build Services Submitted by Rudolph and Sletten, Inc. and Jeff Katz Architecture
-.-...----.---.
COUNCIL AGENDA STATEMENT
Item: 10
Meeting Date: 7/20/04
ITEM TITLE: RESOLUTION ACCEPTING $52,449 FROM
THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FY
2004/2005 POLICE BUDGET FOR THE CALIFORNIA SEAT
BELT COMPLIANCE CAMPAIGN AND APPROPRIATING
FUNDS THEREFORE.
SUBMITTED BY: Chief of P~~~(l
REVIEWED BY: City Manager;6) (4/5ths Vote: YeslLNo ->
The Chula Vista Police Department has received additional funding from the
Office of Traffic Safety for the California Seat Belt Compliance Campaign. Funds
provided by this grant will be utilized to increase the level of seat belt
enforcement hours on an overtime basis for first line supervisors, officers, and
administrative time to meet grant reporting requirements.
RECOMMENDATION: That Council adopts the resolution accepting $52,449
from the Office of Traffic Safety, amending the FY 2004/2005 Police budget for
the California Seat Belt Compliance Campaign, and appropriating funds
therefore.
BOARDSICOMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Chula Vista Police Department has received additional
funding from the Office of Traffic Safety for the California Seat Belt Compliance
Campaign (CSBCC). The original award was in the amount of $20,894 with a
project period of October 2003 to January 2004. The goal of CSBCC is to
increase seat belt use statewide to 94% by June 2004. Through the combined
efforts of state and local law enforcement, a seat belt enforcement campaign was
conducted for a fourteen day period in November 2003 in support of the Buckle-
Up America / Operation ABC National Mobilizations. The Office of Traffic Safety
has recently approved the extension of the seat belt enforcement grant and
additional funds for personnel overtime hours for the May 2004 Mobilization (May
24 through June 6) and August 12-18 and September 2-8, 2004, enforcement
periods. Funds provided by this grant will be utilized to increase the level of seat
belt enforcement hours on an overtime basis for first line supervisors, officers,
and administrative time to meet grant reporting requirements.
10 ---I
Page 2,ltem: I'D
Meeting Date: 7/20/04
FISCAL IMPACT: Approval of this resolution will result in the appropriation of
$52,449 to the personnel services budget of the Police Department. The funds
from the Office of Traffic Safety grant will offset the personnel overtime hours
used during the seat belt enforcement periods. The table below details the FY
2004/2005 impact:
"'", """,L
Expenditure
Personnel Costs - Overtime $ 52,449
Revenue
OTS Grant $ 52,449
Net ImDact $ 0
/0 -,¿
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $52,449 FROM THE OFFICE OF TRAFFIC
SAFETY, AMENDING THE FY 2004/2005 POLICE BUDGET FOR
THE CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN AND
APPROPRIATING FUNDS THEREFORE.
WHEREAS, the California Seat Belt Compliance Campaign is a program
of the Office of Traffic Safety with the goal to increase seat belt use statewide;
and
WHEREAS, the California Seat Belt Compliance Campaign was extended
from January 2004 to September 2004 to include seat belt enforcements periods
conducted in May, August and September 2004; and
WHEREAS, the Police Department received additional funding in the
amount of $52,449 for the California Seat Belt Compliance Campaign; and
WHEREAS, acceptance of the California Seat Belt Compliance Campaign
mini-grant will completely offset the personnel overtime hours used during the
seat belt enforcement periods; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accepts $52,449 from the Office of Traffic Safety and
amends the FY 2004/2005 personnel services budget of the Police Department
for the California Seat Belt Compliance Campaign.
Presented by: Approved as to form by:
A~~~h
City Attorney
/0-:3;
COUNCIL AGENDA STATEMENT
Item: II
Meeting Date: 7/20/04
ITEM TITLE: RESOLUTION DECLINING PARTICIPATION
IN THE 2004/2005 JUVENILE ACCOUNTABILITY
INCENTIVE BLOCK GRANT PROGRAM AND
SUPPORTING THE TRANSFER OF $28,622 FROM THE
PROGRAM TO THE COUNTY OF SAN DIEGO TO
ENHANCE THE REGIONAL JUVENILE INFORMATION
SYSTEM.
~f'<.-
SUBMITTED BY: Chief of POI'~
REVIEWED BY: City Manager (415ths Vote: Yes- NolL)
The Federal Office of Juvenile Justice and Delinquency Prevention is continuing
with the Juvenile Accountability Incentive Block Grant monies available through
the California Office of Criminal Justice Planning. A total of $779,542 is available
to the San Diego region and it is proposed that all of the agencies in the County
pool resources, which would enhance accountability and put juvenile offenders
back on track.
RECOMMENDATION: That Council decline participation in the 2004/2005
Juvenile Accountability Incentive Block Grant Program and support the transfer
of $28,622 from the program to the County of San Diego to enhance the
Regional Juvenile Information System.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Federal Office of Juvenile Justice and Delinquency
Prevention is again providing Juvenile Accountability Incentive Block Grant
(JAIBG) monies through the California Office of Criminal Justice Planning. The
San Diego region, based on law enforcement expenditures and violent crime
arrest data, has been allocated $779,542 dollars in grant funds of which Chula
Vista is entitled to $28,622.
The goals of the FY 2004/2005 year are as follows:
. Maintain and support the Juvenile Court website and computer linkage
with law enforcement, probation, courts and the school districts
//-1
/1 I
Page 2,ltem: /I
Meeting Date: 7/20/04
. Continue to facilitate information sharing by law enforcement, the Courts,
the school districts and probation through continued use of the Juvenile
Court Website, and the Probation Case Management System
. Continue to explore enhanced processes by working with the school
districts to improve the timelines and accuracy of school records accessed
on the Juvenile Court website
. The court, probation and the Health and Human Services Agency will
continue to explore options for inclusion of immunization records for foster
youth on the Juvenile Court website
. Continue Community Response Officer Program (CROP) operations in the
20 jurisdictions eligible to receive JAIBG allocations for the upcoming
grant period
. Continue to attend planning meetings with community stakeholders to
refine existing programs, and explore opportunities for CROP to
participate in additional pre-delinquent and diversion programs for
communities
Staff supports the County's proposal to pool all funds in an effort to enhance the
flow of information between the County Probation and municipal police and
Sheriff's Departments in this County. The program also enhances accountability
and puts juvenile offenders back on track. Specifically, Chula Vista and other
communities in the region will benefit from this exchange of information. All
agencies will further benefit through the upgrade of the existing Regional
Juvenile Information System, the planning process and the Community Resource
Officer Program. The Police Department's Patrol and School Resource Officers
will have immediate access to the status of a probationer or their school status.
Additional resources will also be available by having the Community Resource
Officers accessible throughout the region.
FISCAL IMPACT: Approval of this resolution results in no net impact to the
General Fund. The County will pay the 10% local match and there will not be
maintenance or user fee associated with the upgrade of the Regional Juvenile
Information System.
//~ 2.
RESOLUTION NO,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLINING PARTICIPATION IN THE 2004/2005
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
PROGRAM AND SUPPORTING THE TRANSFER OF $28,622
FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO
ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM,
WHEREAS, the City of Chula Vista declines to directly participate in the
2004/2005 Juvenile Accountability Incentive Block Grant Program administered
by the Office of Criminal Justice Planning (hereafter referred to as OCJP); and
WHEREAS, the City supports the transfer of $28,622 designated to the
City of Chula Vista via the Juvenile Accountability Incentive Block Grant Program
to the County of San Diego for enhancement of the Regional Juvenile
Information System; and
WHEREAS, the City supports the upgrade of the Regional Juvenile
Information System to better enable law enforcement personnel to know the
status of young people and their criminal involvement throughout the region; and
WHEREAS, the City supports the comprehensive planning process to
design an effective program for drop-off sites and the continual establishment of
a regional program for the implementation of a Community Response Officer
Program; and
WHEREAS, the County of San Diego shall agree to provide all matching
funds required for the set project (including any amendment thereof, and
including the matching funds for the City's allocation) under the program, ending
funding terms and conditions including cash-match required by OCJP; and
WHEREAS, any liability arising out of the performance of the grant award
agreement, including civil court actions for damages, shall be the responsibility of
the County of San Diego and not the responsibility of the City; and
WHEREAS, the City, the State of California, and OCJP disclaim
responsibility for any such liability; and
WHEREAS, the funds received shall not be used to supplant expenditures
controlled by the County of San Diego; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby decline participation in the 2004/2005 Juvenile
Accountability Incentive Block Grant Program and support the transfer of $28,622
//'.3
I~
-----------------
from the program to the County of San Diego to enhance the Regional Juvenile
Information System.
Presented by: Approved as to form by:
~OM. ~~ì
Ann Moore
City Attorney
/}<- ~/
COUNCIL AGENDA STATEMENT
Item: )-
Meeting Date: 7/20/04
ITEM TITLE: RESOLUTION ACCEPTING $6,766 FROM
THE BUREAU OF JUSTICE ASSISTANCE, AMENDING
THE FY 2004/2005 POLICE BUDGET FOR BULLETPROOF
VESTS AND APPROPRIATING FUNDS THEREFORE.
SUBMITTED BY: Chief of POliC~~V
REVIEWED BY: City Manager (415ths Vote: YeslLNo -)
The Chula Vista Police Department has received funding from the Bureau of
Justice Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest
Partnership grant has awarded the Police Department $6,766 to pay for 50% of
the cost of bulletproof vests. This grant will partially fund 25 vests; matching
funds are included in the Police budget.
RECOMMENDATION: That Council adopts the resolution accepting $6,766 from
the Bureau of Justice Assistance, amending the FY 2004/2005 Police budget for
bulletproof vests and appropriating funds therefore.
BOARDSICOMMISSIONS RECOMMENDATION: N/A
BACKGROUND: The Bulletproof Vest Partnership (BVP) is a program of the
U.S. Department of Justice administered by the Bureau of Justice Assistance
(BJA). The program is designed to pay for up to 50% of bulletproof vests for law
enforcement officers.
DISCUSSION: On June 16, 1998, the Bulletproof Vest Partnership Grant Act of
1998 was signed as law. The purpose of the Act is to save the lives of law
enforcement officers by helping States and units of local government equip their
law enforcement officers with armor vests. On March 19, 2004, the Police
Department applied for funding for vests under the Bulletproof Vest Program. On
May 14, 2004, the Bureau of Justice Assistance notified the Police Department
that the application was approved. The grant award, in the amount of $6,766, will
pay for 50% of the cost of bulletproof vests. This grant will partially fund 25
vests; matching funds are included in the Police budget.
The Bulletproof Vest Partnership is a highly competitive grant. Funding was
based on the following priorities or statutory requirements:
1"'<-/
Page 2,ltem: /;;<,
Meeting Date: 7/20/04
- at least half the funds will be provided to units of local government with
less than 100,000 residents
- jurisdictions displaying greatest need for armored vests based on the
percentage of law enforcement officers in the department who do not
have access to vests
- jurisdictions who have or will institute a mandatory wear policy
- jurisdictions with a violent crime rate at or above the national average
- jurisdictions that have not received Local Law Enforcement Block Grant
Program (LLEBG) funding
Chula Vista has a population of over 209,000, a mandatory wear policy in effect,
a dropping crime rate and is fortunate to have received LLEBG funding for the
past five years. Based on the above criteria, the Department received 10% of
the application request. Staff submitted an application for funding of 118 vests,
reflecting both the need for new officers and for routine replacement. Vests have
a life span of five years. The Department has developed a replacement cycle for
expired vests and has identified funds for this need.
LOCAL MATCH: The BVP program is designed to pay for up to 50% of the cost
of National Institute of Justice approved vests. A local match is required to pay
for the remaining costs of the vests. The grant further stipulates that both LLEBG
and BVP funds may not be used to purchase vests during the fiscal year in which
LLEBG funds were awarded. Sufficient funds have been identified in the Police
budget to meet the local match requirement.
FISCAL IMPACT: Approval of this resolution will result in the appropriation of
$6,766 to the personnel services budget of the Police Department. Sufficient
funds have been identified in the Police budget to meet the 50% local match
requirement; therefore the Department is not requesting additional appropriations
from the General Fund. The table below details the FY 2004/2005 impact:
Expenditure
Personnel Costs - Uniform/Equipment $ 6,766
Revenue
BVP Grant $ 6,766
Net 1m act $ 0
/ cot ~ .l....
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $6,766 FROM THE BUREAU OF JUSTICE
ASSISTANCE, AMENDING THE FY 200412005 POLICE BUDGET
FOR BULLETPROOF VESTS AND APPROPRIATING FUNDS
THEREFORE,
WHEREAS, the Bulletproof Vest Partnership is a program of the U.S.
Department of Justice (administered by the Bureau of Justice Assistance)
designed to pay up to 50% of bulletproof vests for law enforcement officers; and
WHEREAS, the Police Department requested funding via the Bulletproof
Vest Partnership program; and
WHEREAS, the Police Department was awarded $6,766 for the purchase
of bulletproof vests; and
WHEREAS, the grant requires a 50% local match which has been
identified in the Police Department budget; and
WHEREAS, acceptance of the Bulletproof Vest Partnership grant will
allow the Department to purchase twenty-five vests; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accepts $6,766 from Bureau of Justice Assistance and
amends the FY 2004/2005 personnel services budget of the Police Department
for bulletproof vests.
Presented by: Approved as to form by:
() 0V0.- b+Þ-
Ann Moore
City Attorney
/.) ':3
COUNCIL AGENDA STATEMENT
Item: I?;
Meeting Date: 7/20/04
ITEM TITLE: RESOLUTION AUTHORIZING THE
RECLASSIFICATION OF ONE CBAG MANAGEMENT
ASSISTANT TO THE POSITION OF CBAG EXECUTIVE
ASSISTANT AND APPROPRIATING FUNDS THEREFORE.
ORDINANCE AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS.
" ~£.
SUBMITTED BY: Chief of POliCÐt-'1J~
REVIEWED BY: City Manager:;:) (415ths Vote: YesjLNo -)
The California Border Alliance Group (CBAG) has requested the reclassification
of one of the CBAG Management Assistants to that of CBAG Executive
Assistant. Chula Vista City Charter section 500 requires that all unclassified
positions not mentioned specifically in Charter section 500 be added by
Ordinance. Adoption of the ordinance amends Municipal Code section 2.05.010
to add the unclassified position of CBAG Executive Assistant.
RECOMMENDATION: That Council adopts the resolution authorizing the
reclassification of one CBAG Management Assistant to the position of CBAG
Executive Assistant and appropriating funds therefore.
That Council places the Ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Police Department entered into an agreement with the
Office of National Drug Control Policy (ONDCP) in 1996 to be the fiscal agent for
the California Border Alliance Group (CBAG). CBAG is part of the Southwest
Border High Intensity Drug Trafficking Area. In essence, the City receives full
funding, plus a 3% administrative fee, to hire and administer benefits for CBAG
positions. To date, there are currently 11 CBAG positions with the City of Chula
Vista that are fully funded from the Office of National Drug Control Policy.
CBAG has requested the reclassification of one CBAG Management Assistant to
the position of CBAG Executive Assistant. Staff is requesting the creation of the
/3-/
Page 2,ltem: i3
Meeting Date: 7/20/04
classification of CBAG Executive Assistant in the Confidential Bargaining Unit,
with the salary established at 5% above a CBAG Management Assistant. The
justification of this new classification is at the request of the CBAG Executive
Director.
Due to the nature of the funding, the position of CBAG Executive Assistant is in
the "Unclassified" service. Additionally, this position has the same benefit
package as is provided to the Confidential Group. The "E" step salary shall be
set at $54,603 per year. This reclassification is retroactive to January 9, 2004.
The CBAG Executive Assistant position has been assisting the Executive
Director by providing high level and complex clerical support including interfacing
with high-ranking officials from local, state and federal agencies. This position
has required the incumbent to exercise high levels of tact, discretion and
maintain the utmost confidentiality in the performance of duties. Additionally, this
position has been researching, analyzing and preparing routine administrative
reports for the Executive Director.
Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be added by Ordinance. The
Police Department requests the addition of the position of CBAG Executive
Assistant to the unclassified service. Adoption of the ordinance amends
Municipal Code section 2.05.010 to add the unclassified position of CBAG
Executive Assistant.
FISCAL IMPACT: Approval of this resolution will result a small positive net
impact to the Police budget due the 3% fee for administering CBAG positions.
The table below details the FY 2004/2005 impact:
Expenditure
Personnel Costs $ 4,901
Revenue
ONDCP Reimbursement $ 5,048
Net 1m act $ 147
ii~ ....J.."
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE RECLASSIFICATION OF ONE CBAG
MANAGEMENT ASSISTANT TO THE POSITION OF CBAG
EXECUTIVE ASSISTANT AND APPROPRIATING FUNDS
THEREFORE,
WHEREAS, the City of Chula Vista is the fiscal agent for the Office of
National Drug Control Policy and the California Border Alliance Group (hereafter
referred to as CBAG); and
WHEREAS, the City of Chula Vista is fully reimbursed by the Office of
National Drug Control Policy for all CBAG positions; and
WHEREAS, CBAG has requested the reclassification of one CBAG
Management Assistant to that of CBAG Executive Assistant; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby authorize the reclassification of one CBAG
Management Assistant to the position of CBAG Executive Assistant and
appropriate funds therefore.
Presented by: Approved as to form by:
L /)~~r'
Ann Moore .
City Attorney
/3-3
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS
WHEREAS, the Human Resources Department has created new
classifications to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section
500 of the Charter of the city, there are established the unclassified positions
entitled deputy city manager, administrative services manager, deputy fire chief
assistant fire chief, assistant chief of police, assistant director of finance,
assistant director of budget and analysis, fiscal operations manager, funds
development strategic planning manager, purchasing agent, treasury manager,
assistant director of human resources, director of employee development, risk
manager, assistant director of public works and operations, assistant director of
building and housing, deputy building official, building services manager, building
and park construction manager, parks and open space manager, assistant
director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, western Chula Vista development manager, traffic engineer, deputy
director of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental
services, deputy director of planning, assistant director of planning, special
planning projects manager, general plan project manager, chief of staff,
constituent services manager, community liaison (assigned to the office of the
mayor and city council), California border alliance group deputy executive
director, California border alliance group budget manager, California border
alliance group meth. strike force coordinator, California border alliance group
network administrator, California border alliance group operations/intelligence
;3- 'I:
coordinator, California border alliance group program manager, California border
alliance group program analyst, California border alliance group management
assistant, California border alliance group network assistant, regional computer
forensic laboratory network engineer, and California border alliance qrOUp
executive assistant.
SECTION II: This ordinance shall take effect and be in full force and effect upon
its second reading and adoption.
Submitted by: Approved as to form by:
~~c~ ~~ \'"
Marcia Raskin Ann Moore
Human Resources Director City Attorney
/3-!?-
COUNCIL AGENDA STATEMENT
Item 14
Meeting Date July 20, 2004
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Sewer Service Charges as Recorded Liens Upon
the Respective Owner Occupied Parcels of Land and Placement of
Delinquent Charges on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Sewer
Service Charges as Recorded Liens Upon the Respective Owner
Occupied Parcels of Land and Approving Placement of Delinquent
Charges on the Next Regular Tax Bill
SUBMITTED BY: Director of FinancefTreasurer ~
REVIEWED BY: City Manager..tY (415ths Vote: Yes _NoJL)
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval for liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payment be received on a more timely basis. This is the identical
process approved by City Council since August 1998.
RECOMMENDATION: That Council open the public hearing to consider assessing
delinquent sewer service charges as recorded liens on the
affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these charges
as liens upon the respective owner occupied parcels of land.
BOARDSlCOMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for sewer service accounts which are over
sixty days delinquent. At the hearing the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of the
hearing, the City Council, may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City Council. Lastly, the City
/£/-1
-_._- -.-.-----.--.-
Page 2, Item- ¡~c
Meeting Date .July 20, 2004
Council adopts a resolution assessing such amounts as liens upon the respective parcels
of land, and the amounts are charged to the property owners on the next regular property
tax bill.
In February 2004, City Council approved midyear liens for 106 delinquent sewer service
accounts valued at $39,700 to be forwarded to the County for collection on the next
regular property tax bill. Staff has currently identified 210 owner occupied accounts
totaling $67,382 as being over 60 days delinquent (listing available at the City Clerk's
office). Many of these property owners have gone through this lien process previously as
they continue to leave their sewer service accounts unpaid.
These property owners have been notified of their delinquencies, and last month, they
were notified of the public hearing and were asked to pay their delinquent sewer service
charges prior to this public hearing to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list
as payments are received and accounts are cleared. A final list will be submitted to the
City Council for consideration as soon as all payments are recorded.
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
FISCAL IMPACT:
By placing delinquent sewer service charges on the property owner's regular tax bill,
$70,400 in additional sewer fund revenues was collected in FY02-03. For FY03-04, an
estimated $72,000 in additional revenues should be realized using this collection
method.
It/r~
RESOLUTION NO.2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE
CHARGES AS RECORDED LIENS UPON THE RESPECTIVE
OWNER OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows for delinquent sewer
service accounts to become a lien upon the affected property served and also charged to the
property owner on the next regular tax bill as a special assessment; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
hearing may be set for sewer service accounts which are over sixty (60) days delinquent at which
time the City Council is to consider the accounts together with any objections or protests by
interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, these property owners have been notified of their delinquencies, and of the
public hearing, and asked to pay the delinquent sewer service charges prior to said hearing to
avoid property liens; and
WHEREAS, staff is recommending that the City Council approve the final listing of
delinquent sewer service accounts as submitted and that these charges be forwarded to the
County AssessorlRecorder/Clerk (hereinafter "County") for recordation as a lien and placement
on the next regular tax bill for collection; and
WHEREAS, the City Council held the required public hearing on July 20, 2004, and
considered any and all protests and objections presented.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby: (1) overrule any and all protests or objections presented at the public hearing; and
(2) approve, with respect to the delinquent account list presented by staff and on file in the office
of the City Clerk, assessing delinquent sewer service charges as recorded liens upon the
respective owner occupied parcels of land and the placement of such delinquent charges on the
next corresponding regular tax bill, unless cleared prior to transmittal of the delinquent account
list to the County.
Presented by Approved as to form by
Do-.- 7. I-\.ø.-- ~
Maria Kachadoorian Arm Moore
Director of Finance City Attorney
nattorneylresolsewerlSewer delinquencies 07 20 04.doc ~~
COUNCIL AGENDA STATEMENT
Item ,~
Meeting Date July 20, 2004
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste Service Charges as Liens Upon the
Respective Parcels of land and Placement of Delinquent Charges
on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Solid Waste
Service Charges as Liens Upon the Respective Parcels of land and
Approving Placement of Delinquent Charges on the Next Regular
Tax Bill
SUBMITTED BY: Di_, O[F;JJIT~""~' rJ
REVIEWED BY: City Manage (4/5ths Vote: Yes _NoJL)
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a quarterly basis since mid-
2001.
RECOMMENDATION: That Council open the public hearing to consider assessing
delinquent solid waste service charges as liens on the
affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these charges
as liens upon the respective parcels of land.
BOARDSlCOMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to require
participation in solid waste service and eliminate suspension of solid waste service for
nonpayment. To ensure that all residents pay their fair share of the costs of this program,
the ordinance also allows delinquent solid waste service charges to be assessed as liens
upon the affected properties and ultimately placed on the property tax bills for collection.
The ordinance states that upon notification of the property owners, a public hearing is set
IS-/
----- --------.
Page 2, Item- /{
Meeting Date .July 20, 2004
for solid waste service accounts that are over ninety days delinquent. At the hearing the
City Council considers the delinquent accounts together with any objections or protests by
interested parties. At the conclusion of the hearing, the City Council, may either approve
the delinquency and amount owed on the accounts as submitted or as modified or
corrected by the City Council. Lastly, the City Council adopts a resolution assessing such
amounts as liens upon the respective parcels of land, and the amounts are charged to
the property owners on the next regular property tax bill. As these amounts are collected,
the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939
fees and late charges.
In March 2004, City Council approved 160 midyear liens on properties valued at $24,800.
Since then, Pacific Waste Services has identified and submitted an additional 474
delinquent accounts valued over $59,700 to the city for collection. Through the City's
preliminary collection efforts, 209 accounts have been resolved, and the remaining 265
accounts valued at $31,100 are now being submitted (listing available at the City Clerk's
office). The account status and property ownership on these accounts have been verified
by both Pacific Waste and City staff. Many of these delinquent accounts have gone
through the lien process before as they continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past due
notices sent by Pacific Waste until they were ultimately submitted to the City for
collection. City staff also sent out a past due letter, and last month, these property owners
were notified of the public hearing and were asked to pay their delinquent solid waste
service charges prior to this public hearing to avoid a lien being placed on their property.
City staff has been working with Pacific Waste to resolve any customer disputes as they
arise and payment arrangements have been set up as needed. Staff will continue to
update this list as payments are received and accounts are cleared. A final list will be
submitted to the City Council for consideration as soon as all payments are recorded.
Staff is recommending that the City Council approve the final list of delinquent solid waste
accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective parcels of land and ultimately placed on the next regular tax bill
for collection.
FISCAL IMPACT:
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, an estimated $225,000 should be collected in FY 03-04. These funds
would then be forwarded to Pacific Waste Services less the city's Franchise Fees,
AB939 fees and late charges. The city should recognize an estimated $20,000 in
Franchise Fees, $5,000 in AB939 fees, and $13,000 in late charges for FY03-04. For
FY03-04, an estimated $187,000 is projected to be collected in this manner.
/'5JL
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REGARDING THE ASSESSMENT OF
DELINQUENT SOLID WASTE SERVICE CHARGES AS
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL FOR COLLECTION
WHEREAS, in November 1998, the City Council amended the Municipal Code to
eliminate suspension of solid waste service as a remedy for failure to pay mandatory solid waste
service charges; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
Chapter 8.24 of the Chula Vista Municipal Code allows for delinquent solid waste service
accounts to become a continuing lien upon the property served and also charged to the property
owner on the next regular tax bill as a special assessment; and
WHEREAS, after assignment of the delinquent account to the City for collection by the
franchisee, and if the property owner has not paid the full amount of the delinquent solid waste
service charge within fifteen days after the mailing of a "Final Notice of Delinquency," a public
hearing is set to review and confum the delinquent account before placing a lien and special
assessment on the property; and
WHEREAS, at the hearing, the City Council is to consider the delinquent accounts
together with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Pacific Waste and staff; and
WHEREAS, property owners were notified of their delinquencies through a series ofpast
due notices sent by Pacific Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified property owners of the public hearing and has requested
that they pay delinquent solid waste service charges before said hearing to avoid property liens;
and
WHEREAS, staff is recommending that the City Council approve the final listing of
delinquent solid waste accounts as submitted at the hearing and that these charges be forwarded
/5-3
to the County Assessor/Recorder/County Clerk for placement on the next regular tax bill for
collection; and
WHEREAS, the City Council held the required public hearing on July 20, 2004, and
considered any and all protests and objections presented.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby: (1) overrule any and all protests or objections presented at the public hearing; and
(2) approve, with respect to the delinquent account list presented by staff and on file in the office
of the City Clerk, assessing delinquent solid waste service charges as liens upon the respective
parcels of land and the placement of such delinquent charges as a special assessment on the next
corresponding regular tax bill, unless cleared prior to transmittal of the delinquent account list to
the County.
Presented by Approved as to form by
~ (, H-~~
Maria Kachadoorian Ann Moore
Director of Finance City Attorney
J:\attorneylreso\ financelsolid waste delinquency 07 20 04
/S-t/
COUNCIL AGENDA STATEMENT Item ~
Meeting Date 7/20/04
ITEM TITLE: Public Hearing to consider testimony for FY 2004/05 levy of assessments and
collection against those assessments for City Open Space Districts 1 through 9, 15,
17, 18,20,23,24,26,31 and 33, Bay Boulevard and Town Centre Maintenance
Districts
Resolution Levying the assessments and collectibles for Open Space
Districts 1 through 9,15, 17, 18,20,23,24,26,31 and 33, Bay Boulevard and Town
Centre Maintenance Districts
SUBMITTED BY: Director of General Services / City Engineer r
REVIEWED BY: City Manager ø (4/Sths Vote: Yes_No-X)
The City administers and maintains twenty-four (24) Open Space Districts that have been established over
the last thirty years. The Districts provide a financing mechanism to maintain the public open space areas
associated with each particular development. The levy of an annual assessment for FY 2004/05 will enable
the City to collect sufficient funds to provide these ongoing services.
RECOMMENDATION: That Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
Open Space Districts (OSD's) were established in conjunction with each particular development to ensure
financing for the perpetual maintenance of common open space areas. OSD's provide a mechanism for the
City to levy an annual assessment and collectible to cover the costs of maintenance associated with each
OSD. Once City Council approves the annual collectible amount, it is sent to the County for inclusion on
the tax bill.
Each year Council must take two actions before levying the annual assessment. First, Council approves the
Engineer's Report on Open Space Districts, declares its intention to levy the annual assessment, and sets the
date and time for a public hearing. This action was taken by Council on June 15,2004. The second action
is to conduct the public hearing, take and consider public testimony, and levy the annual assessment and set
the amount to be collected against the assessment. Tonight's action is the second step in this process.
Pursuant to state law and the Municipal Code, the City Engineer has prepared and filed annual reports for all
existing Open Space Districts which are included as Attachments 1 and 2 to this report. The annual reports
allow Council to review the history of the Open Space Districts. The report includes information regarding:
. the proposed budgets
. funds remaining in the account
. the proposed assessment (based upon the prior year assessment plus an inflation factor)
/(" - /
Page 2, Item J!L
Meeting Date 7/20/04
. the collectible (the amount needed from each property owner to provide sufficient funds for
the following fiscal year's maintenance)
Table 1 lists the names and locations of the Districts. Note that separate resolutions include action on OSD
10, 11, 14 and Eastlake Maintenance District No. 1.
Table 1. Open Space Districts Within the City of Chula Vista
OSD# Name Location
I El Rancho del Rev Unitsl-4 Bet. East H Street & Telegraph Canvon Road, east of Pas eo Ranchero
2 Lark Haven South and east of Lorna Verde Park
3 Rancho Robinhood Units I & 2 South of Allen School Laoe
4 Bonita Ridoe Camino Elevado north of Otay Lakes Road
5 Southbav Villas North end of Crest Drive south of E Street
6 Hilltoo Vista Camino Vista Real north of TelelITaoh Canvon Road
7 Zenith Units 2, 3, and 4 North & south of Palomar, east ofI-805
8 Rancho Robinhood Unit 3 Surrev Drive southwest of Otav Lakes Road
9 El Rancho del Rev Paseo del Rev, north of TelelITaoh Canvon Road
10 El Rancho del Rev 6, Casa del Rey West of Pas eo Ranchero - H & J Streets
11 Hidden Vista Villaoe East H Street. east ofI-805
14 Bonita Long Canyon North of East H Street - Otay Lakes Road & Corral Canvon Road
15 Bonita Haciendas Canyon Drive, east of Olay Lakes Road
17 Bel Air Ridge Northeast of Paseo Ladera & East J Street
18 Rancho del Sur East end of East Naples Street
20 Rancho del Rev North of East H Street, west of Otav Lakes Road
23 Otav Rio Business Park West of Heritage/Otay Valley Road, south ofOtav Rio Road
24 Canvon View Homes Rutoers Avenue, south of East H Street
26 Park Bonita West of the intersection ofE Street & Bonita Road
31 TelelITaoh Canvon Estates North ofOtav Lakes Road, west of SR-125
33 Broadwav Business Home Village West side of Broadway - J & K Streets
Eastlake Maintenance District No. I Eastlake I, Eastlake Greens, Salt Creek I, OTC,
Bav Boulevard Maintenance District Bay Boulevard - E & F Streets
Town Centre Maintenance District Third Avenue - E & G Streets
Assessments & Collectibles
The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that
the City may collect against the assessment (i.e., the collectible). The assessments for FY 2004/05 are
proposed at FY 2003/04 amounts adjusted by the inflation factor of 2.2% pursuant to the Municipal Code.
(The inflation factor is based upon the lower of two separate, published inflation factors.) In the mid 1990's
(and for all Open Space Districts established after that date), Council approved the assessments with an
inflation factor. Since that date, Council may annually increase the assessment by this inflation factor
without this increase being subject to a protest vote. The collectible, on the other hand, is the amount to be
actually collected from the property owner and is equal to or lower than the proposed assessment. As
detailed in Attachment 2, the collectible is based on the budget, the reserve requirement, savings and fund
balances, earned interest, and prior years' savings.
/6 - 2..
- Page 3, Item Ji
Meeting Date 7/20/04
The proposed assessments and collectibles for FY 2004/05 are as follows:
Table 2. Historical and Proposed FY 2004/05 Assessments/Collectibles
Proposed Proposed
FY 02103 FY 03/04 FY 03/04 FY 04/05 FY 04/05
OSD/Zone Assmntl Collectible Assmntl Assessment Collectible FY 04/05
EDU EDU EDU Der EDU (I) Der EDU Revenue
1 $99.70 $97.00 $101.20 $103.43 $72.00 $47,648
2 46.26 45.00 46.95 47.99 47.00 11,703
3 316.63 299.00 321.38 328.45 328.00 41,656
4 334.44 337.00 339.46 346.93 328.00 68,880
5 326.13 287.00 331.02 338.30 289.00 35,258
6 161.27 110.00 163.69 167.29 96.00 15,552
7 112.66 97.00 114.35 116.87 116.00 12,064
8 514.67 451.00 522.39 533.89 455.00 50,050
9 145.86 145.00 148.05 151.31 151.00 57,984
15 307.19 276.00 311.80 318.66 318.00 18,126
17 147.05 23.00 149.25 152.54 96.00 4,416
18 347.48 268.00 352.69 360.45 305.00 132,675
20 1,016,123
Zone 1 -.Desilting Basin 53.70 4.26 54.51 $55.71 $6.00 (2)
Zone 2 - Rice Canyon 4.08 4.14 4.14 4.23 4.20 (2)
Zone 3 - H Street 5.81 4.23 5.90 6.03 5.00 (2)
Zone 4 - Business Centre 21.63 21.81 21.95 22.43 22.00 (2)
Zone5-SPAr 326.29 302.18 331.18 338.47 338.00 (2)
Zone6-SPAII 250.71 146.93 254.47 260m 186.00 (2)
Zone 7 - SPA III 154.76 155.35 157.08 160.54 160.00 (2)
Zone 8 - North Desilting Basin 35.67 35.44 36.21 37.01 32.00 (2)
Zone 9 - Telegraph Canvon Channel 28.33 22.57 28.75 29.38 29.30 (2)
23 478.84 486.00 486.02 496.72 496.00 44,670
24 595.33 485.00 604.26 617.55 562.00 22,480
26 467.24 236.00 474.25 484.69 351.00 6,669
31 482.66 364.00 489.90 500.68 351.00 121,095
33 1,192.84 0.00 1,210.73 1237.36 0.00 0
Bay Boulevard ") 875.37 2.35 888.50 908.05 908.00 5,802
Town Centre ") $0.00 0.00 0.100168 .102372 0.00 0
1(1) Assessment may be set at or below this amount without being subject to a vote and majority protest.
(2) Revenue for all zones included in overall District 20 amount.
(3) Bay Boulevard rates based on acres since FY 2001102.
(4) Town Centre rates based on parcel square footage since FY 2001102.
Budgets
In general, most expenditure budgets have increased due to projected water rate increases and adjustments to
city staff service costs as a result of cost of living increases and the addition of costs for Engineering staff
services.
/b-3
- Page 4, Item l.t
Meeting Date 7/20/04
For several districts (OSD's 2,3,7,9,15,20,23, and Bay Boulevard) expenditures will exceed the amount
of revenue that can be generated by the proposed assessment. However, the availability of sufficient
reserves for most of these districts will ensure that the City will provide the required maintenance during FY
2004/05. For these districts, it is recommended that staff carefully monitor the budget process during the
next budget cycle to ensure Council is able to continue to collect sufficient funds for the proposed
maintenance. Eventually, budgeted expenditures for maintenance of these districts will need to be reduced
or the property owners will have to approve, by ballot, an increase in their assessments to cover
expenditures.
Reserves
While staff recommends using savings from prior years when necessary to supplement collections, it is
important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows
reserves between 50%-100%. A minimum of 50% reserve is needed to provide the funds to pay for costs
during the first six months of the fiscal year before the collectibles have been paid via the first installment of
the tax bill. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as practicable
while retaining sufficient funds to offset future anticipated increases. Reserves also allow the City to return
excess funds to property owners in the form of a lower collectible. Reserve rates below 50% are not
typically recommended; however, staff does recommend temporary reductions in the reserves for OSD 3 and
OSD 23.
Proposed Proposed
FY 02103 FY 03/04 FY 03/04 FY 04/05 FY 04/05
OSD3 Assmntl Collectible! Assmntl Assmntl Collectible! FY 04105
EDU EDU EDU EDU EDU Revenne
Rancho Robinhood Units I & 2 $316.63 $299.00 $321.38 $328.45 $328.00 $41,656
Staff recommends that the assessment remain the same as FY 2003/04 plus the inflation factor of 2.2% and
that the full assessment (rounded to $328) be collected. This will provide revenue in the amount of$4l,656.
However the revenue needed for the budget is $47,944. To make up the difference, staff recommends using
the reserve, thus lowering it to 34%. This approach is a temporary solution until such time as staff analyzes
possible expenditure reductions. These may include advertising for a new contractor and/or streamlining the
budget to more accurately reflect actual costs. If staff cannot accomplish a cost reduction, other alternatives
could include selected service reductions or approval by the property owners (approximately 127) of an
assessment increase based upon current needs.
Proposed Proposed
FY 02103 FY 03/04 FY 03/04 FY 04105 FY 04/05
OSD 23 Assmntl Collectible! Assmntl Assmntl Collectible! FY 04/05
EDU EDU EDU EDU EDU Revenue
Otay Rio Business Park $478.84 $433.00 $486.02 $496.72 $496.00 $44,670
Staff recommends that the assessment remain the same as FY 2003/04 plus the inflation factor of 2.2% and
that the full assessment (rounded to $496) be collected. This will provide revenue in the amount of $44,670.
However the revenue needed for the budget is $48,442. To make up the difference, staff recommends using
/{;; - Lj'
Page 5, Item ~
Meeting Date 7/20/04
the reserve, thus lowering it to 39%. Staff believes this is appropriate because the current budget includes a
one-time cost of approximately $4,000 for professional services that is a carryover from prior budget years.
This one-time cost is for legal services associated with the changes made to the district in 2002. Legal
counsel has not billed for this service to date. If counsel does not bill for this services this year, there will be
sufficient savings resulting in a reserve of approximately 50%. It should be noted that once the payment for
these services has been made, then the expenditure budget should be reduced accordingly in subsequent
years.
Other District Issues
Three other districts of special note - Open Space Districts 20 and 33, and Town Centre - are discussed
below.
OSD 20: Established in 1989, Rancho del Rey is a phased development of three Sectional Planning
Areas (SPAs). The district was created to encompass all three areas with the understanding that the open
space improvements would be constructed in phases. Because this is a large district and not all of the items
to be maintained have a benefit to the entire district, OSD 20 is made up of several zones (see Table 2).
Every property within the district is in more than one zone.
OSD 20 Tvnical Combined Assessment (FY2004/0S)
SPA I (Zones I or 8, 2, 3, & 5) $350
SPA II (Zones 1 or 8, 2, 3, & 6) $200
SPA III (Zones 1 or 9, 3, & 7) $170
Business Centre (Zones 1,2,3, & 4) ,
'Industrial (ner acre) $880
Staff recommends that the assessment remain the same as FY 2003/04 plus the inflation factor of2.2%. For
zone 1 and zones 3-9, staff recommends collecting an amount equal to or less than the assessment. For these
zones, the reserves range from 50% to 83%. For zone 2 (Rice Canyon Recreation area), collecting the full
assessment amount is not sufficient to cover the maintenance and there are not sufficient reserves to cover
the cost of next year's estimated maintenance. In the past, the budget needs for zone 2 have been met with
surplus funds; however, there are no longer sufficient funds to offset the entire shortfall. Therefore, staff
will need to reduce the budget, and possibly reduce services, during the next budget cycle. Alternatively,
property owners would need to approve an increase in their assessment by majority vote in order to cover the
proposed service costs. To cover the budget shortfall for this year, staff explored the feasibility ofborrowing
funds from another zone (with interest) to cover the maintenance of Zone 2. While this may be legal, it is
not recommended because there is no guarantee that the borrowed funds would be repaid. As the shortfall of
funds is only about $4,550, staff recommends reducing maintenance for FY 2004/05 a commensurate
amount. The proposed FY 2004/05 budget for Zone 2 is $37,631 of which $4,550 will not be spent. The
maximum revenue generated from Zone 2 assessments is $16,700 and there is $16,400 available in the fund
to provide maintenance of $33,100 for FY 2004/05.
OSD 33: Open Space District 33, Broadway Business Homes, was formed several years ago in
anticipation of development of the parcel. The project has not progressed and consequently there is no
maintenance required. Each year staff recommends adjusting the assessment by the inflation factor and not
/~ - S-
Page 6, Item ~
Meeting Date 7/20/04
collecting money against that assessment. Should the project develop in the future, staff would recommend
collecting money for maintenance.
Town Center LMD: A Downtown Property and Business Improvement District (PBID) replaced
Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town
Centre LMD would be dissolved. However, the City determined that there was some potential long-term
exposure for the City based on the remote possibility that the current PBID might not receive sufficient
support for re-approval in 2006 for its next five-year period. Should the PBID not be re-approved, and if the
Town Centre LMD is dissolved, there would no longer be a funding mechanism for downtown landscape
maintenance.
Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This means that the City
will set the maximum assessment amount for the District on an annual basis, even though property owners
will not be billed any sum on the tax roll. Should the PBID not be re-approved, the Town Centre LMD will
be in place and provide the necessary funding mechanism for downtown landscape maintenance. The
assessment amount for FY 2004/05 is $0.102372 per square foot (based on the last approved assessment of
$0.100168 per square foot of parcel area plus an inflation factor of 2.2%).
Notice
The public hearings were noticed pursuant to Government Code 6061, which requires that notice be
published in a newspaper of general circulation at least 10 days before the public hearing. Plans,
specifications, and assessment rolls are on file in the General Services office.
Resolution
Approval of the resolution, approves the levy of assessments and collectibles as recommended.
FISCAL IMPACT: The total the General Fund reimbursement for City staff services from the above listed
OSD funds for FY 2004/05 is estimated to be $325,014 (excluding OSD 10, 11, 14 and Eastlake
Maintenance District 1). The General Services Department, including Engineering, Public Works
Operations and Parks Open Space, the Finance Department, and MIS, all generate staff costs associated with
the Open Space program. Contractual and other maintenance costs totaling $2,027,218 are outlined in
Attachment 2. These costs are recovered through the OSD collectible and reserves, causing no net fiscal
impact.
Attachments:
1. District Maps
2. Cost Summary
J:\EngineeMGENDA\OSDists PH FY04-05.doc File: 0725-30-0SD 00
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ATIACHMENT2
Rancho del Rey Open Space District No. 20
Amortized Costs
Amount Accumulated for Amounlto be spent FY 04-0S
Zone Description FY: 90-g, thmugh 03-04 FY OO-OS Amount Work des«lption
I Desilting Basin $i34.818.00 $134.818.00 $0.00 Desilting basin maintenance (every 5 yea,,)
at East H St«et $33.500.00 $10.000.00 $6,700.00 Stabilization structu«s maintenance (every 5 yea,,)
$3.649.00 Miscellaneous
2 Rice Canyon $0.00 Siaging Mea - A.C. overlay and stripe (every 5 yea,,) at $8i3
Trail area $1,041.00 $1,041.00 Staging area replacement (30 year period) at $228
3 East H Street $0.00 $0.00 None
4 SPA I Phase I $56,028.00 $4.002.00 Monumentation replacement (30 year period)
(Business Center)
5 SPA I Phases 2-6 $500,678.00 $34,617.00 Theme wall and monument replacement (30 year)
Loan for Zone 2
6 SPA 2 $0.00 $0.00
7 SPA 3 $0.00 $0.00
8 Desiiting Basin $i3,403.70 $4,431.00 Access Roadlgabion structure not yet accepted by City
at Glen Abbey
9 Telegraph Cyn Cham $3,392.00 $3,000.00 $300.00 $940.00 from amortized amount used for
(SPA 3 area) current mainreoance in FY 200112002
Subtotal $746,509.70 $148,859.00 $50.050.00
TOTAL Remainin. in account after FY 04/05 $647,701
Notes:
1. Zone I - $26,320 (5 y") & $6.700 (5 y") for desiiting basin & stabilization structures not collected beyond 5 y" per State code;
Zone 2 - $8i3 (5 y") for AC not collected.
2. SPA 2 & 3, Zones 6 & 7 - Amortized cost for walls not detenl1ined. Need to detenl1ine this during FY 05/06
3. Zones 6 & 7 - Theme wall/monumentation to be added.
4. Zone 8 - New gabion structure and access road are to be periodically maintained. Reserves are to be accumulated prior to
anticipated acceptance in FY 200312004 or later. Canot collect beyond 5 yea" for maintenance per State code
5. Zone 9 - See TC spreadsheet for cost breakdown on channel. Typically $722/year)
6. Begin collecting for Zone I amortized costs for desilt basin and stabilizatioo structures agaio beginning FY 05/06
7. Amount in reserve at end ofFY 03/04 ~ $746,509
/6 -,3"
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR OPEN SPACE DISTRICTS 1 THROUGH
9,15,17, 18,20,23,24,26,31 AND 33, BAY BOULEVARD
AND TOWN CENTRE MAINTENANCE DISTRICTS
WHEREAS, prior to the adoption of this resolution, the City Council has caused
the formation of various districts under and pursuant to state law; and
WHEREAS, as required by ordinance, the City Engineer has prepared and filed
the annual reports for all existing Open Space Maintenance Districts in the City; and
WHEREAS, on June 15, 2004, Council approved the engineer's reports and set
July 20, 2004 as the date for the public hearing; and
WHEREAS, the proposed assessment for Fiscal Year 2004-2005 is as follows:
Historical and Pro Dosed FY 2004/05 Assessments/Collectibles
Proposed Proposed
FY 02/03 FY 03/04 FY 03/04 FY 04/05 FY 04/05
OSD/Zone Assmnt/ Collectible Assmnt/ Assessment Collectible FY 04/05
EDU EDU EDU ner EDU (I) ner EDU Revenue
1 $99.70 $97.00 $101.20 $103.43 $72.00 $47,648
2 46.26 45.00 46.95 47.99 47.00 11,703
3 316.63 299.00 321.38 328.45 328.00 41,656
4 334.44 337.00 339.46 346.93 328.00 68,880
5 326.13 287.00 331.02 338.30 289.00 35,258
6 161.27 110.00 163.69 167.29 96.00 15,552
7 112.66 97.00 114.35 116.87 116.00 12,064
8 514.67 451.00 522.39 533.89 455.00 50,050
9 145.86 145.00 148.05 151.31 151.00 57,984
15 307.19 276.00 311.80 318.66 318.00 18,126
17 147.05 23.00 149.25 152.54 96.00 4,416
18 347.48 268.00 352.69 360.45 305.00 132,675
20 - 1,016,113
Zone 1 - Desi1ting Basin 53.70 4.26 54.51 $55.71 $6.00 (2)
Zone 2 - Rice Canvon 4.08 4.14 4.14 4.23 4.20 (2)
Zone 3 - H Street 5.81 4.23 5.90 6.03 5.00 (2)
Zone 4 - Business Centre 21.63 21.81 21.95 22.43 22.00 (2)
Zone5-SPA! 326.29 302.18 331.18 338.47 338.00 (2)
Zone 6 - SPA II 250.71 146.93 254.47 260.07 186.00 (2)
Zone 7 - SPA III 154.76 155.35 157.08 160.54 160.00 (2)
Zone 8 - North Desilti;W Basin 35.67 35.44 36.21 37.01 32.00 (2)
Zone 9 - Telegraph Canyon 28.33 22.57 28.75 29.38 29.30 (2)
Channel
23 478.84 486.00 486.02 496.72 496.00 44,670
/6-37
Historical and Pro osed FY 2004/05 Assessments/Collectibles
Proposed Proposed
FY 02/03 FY 03/04 FY 03/04 FY 04/05 FY 04/05
OSD/Zone Assmntl Collectible Assmntl Assessment Collectible FY 04/05
EDU EDU EDU per EDU (1) oer EDU Revenue
24 595.33 485.00 604.26 617.55 562.00 22,480
26 467.24 236.00 474.25 484.69 351.00 6,669
31 482.66 364.00 489.90 500.68 351.00 121,095
33 1,192.84 0.00 1,210.73 1237.36 0.00 0
Bav Boulevard (') 875.37 2.35 888.50 908.05 908.00 5,802
Town Centre ") $0.00 0.00 0.100168 .102372 0.00 0
) Assessment may be set at or below this amount without being subject to a vote and majority protest.
(2} Revenue for all zones included in overall District 20 amount.
,3) Bay Boulevard rates based on acres since FY 2001102.
(4) Town Centre rates based on parcel square footage since FY 2001102.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance
Districts herein referenced that the City Council of the City of Chula does hereby find that
written protests against the proposed assessment has not been made by owners representing more
than one-half of the area of land to be assessed from the improvement and confinns the diagram
and assessment contained in the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall constitute the levy of
assessments and collectibles as proposed in the Engineer's Report for the 2004/2005 fiscal year
and set forth hereinabove for Open Space Districts I through 9, 15, 17, 18, 20, 23, 24, 26, 31,
and 33, Bay Boulevard and Town Centre Maintenance Districts.
Presented by Approved as to fonn by
Ú--- ~
Jack Griffin Ann Moore
Director of General Services City Attorney
nEngineerlAGENDAIResoslOpen Space various, 7-20-04.doc
/6 -3P
--.---.-----
COUNCIL AGENDA STATEMENT
Item /7
Meeting Date 7/20/04
ITEM TITLE: Public Hearing to consider testimony for FY 2004/05 levy of assessments and
collection against those assessments for City Open Space District 10
Resolution Levying the assessments and collectibles for Open Space
District 10
SUBMITTED BY: Director of General Services / City Engineer K
REVIEWED BY: City Manager £) (4/5ths Vote: Yes_NoX)
This is one of four companion agenda items to the primary Open Space assessments agenda item, which
provides all general backgrolmd information and details regarding the proposed Open Space Districts
assessments for FY 2004/05. The present item includes information specific to Open Space District 10.
RECOMMENDATION: That Council conduct the public hearing and adopt the resolution.
BOARD/COMMISSIONS: N/A
DISCUSSION:
Open Space District 10 is located along East J Street west of Paseo Ranchero (Attachment 1). General
information about this and all other open space districts is contained in the primary Open Space assessments
item, presented on tonight's Council Agenda. Table 1, below, compares the current year's assessment to the
proposed assessment for FY 2004/05.
Table 1. Historical and Proposed FY 2004/05 Assessment/Collectible (per EDU)
FY 02/03 FY 03/04 Proposed FY 04/05
OSD 10 Projected
Assessment Assessment Collectible Assessment Collectible Revenue
E! Rancho del Rey 6 & Casa del Rey $98.43 $99.91 $94.00 $102.10 $102.00 $67,!54
Staff recommends for FY 2004/05 that the assessment remain the same as in FY 2003/04, plus an allowable
inflation factor of2.2% (please refer to tonight's primary Open Space agenda item for a discussion of the
inflation factor), bringing the proposed assessment to $102.10 per EDU.
Taking into account the estimated maintenance costs for FY 2004/05, and in order to maintain a reserve at or
above the 50% level, staff recommends a collectible of$1O2.00 per EDU. For this District, the budget will
exceed the amount of revenue that can be generated by the proposed assessment. However, due to available
excess funds in the reserve, there will be sufficient funds to provide the required open space maintenance
during FY 2004/05. It is recommended that staff carefully monitor the budget process during the next
/7-/
Page2,Item ;j
Meeting Date 7/20/04
budget cycle to ensure Council is able to continue to collect sufficient funds for the proposed maintenance.
Eventually, once excess funds are no longer available, the budgets and/or maintenance services will need to
be reduced, or the property owners will have to approve, by ballot, an increase in their assessment to cover
the maintenance costs.
Because this District was fo=ed as a result of a 100% petition by the landowners and the assessment is not
being raised above the allowable inflation factor, as provided for in the Municipal Code, this District is
exempt trom the provisions of Proposition 218.
FISCAL IMP ACT:
The total General Fund reimbursement for City staff services from Open Space District 10 is estimated to be
$12,204. The General Services Department including Engineering, Public Works Operations and Parks
Open Space, the Finance Department and MIS, all generate staff costs associated with the Open Space
program. Contractual and other maintenance costs totaling $70,048 are listed in Attachment 2. These costs
are recovered through the OSD collectible and reserves, causing no net fiscal impact.
ATTACHMENTS:
1. District Map
2. Cost Summary
J:\EngineerIAGENDAIOSDistIO PH FYO4-05.doc
/7--.2..
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/7-'1"
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR OPEN SPACE DISTRICT 10
WHEREAS, prior to the adoption of this resolution, the City Council has caused
the fonnation of various districts under and pursuant to state law; and
WHEREAS, as required by ordinance, the City Engineer has prepared and filed
the annual reports for all existing Open Space Maintenance Districts in the City; and
WHEREAS, on June 15, 2004, Council approved the engineer's reports and set
July 20,2004 as the date for the public hearing; and
WHEREAS, the proposed assessment for Fiscal Year 2004-2005 is as follows:
Historical and Proposed FY 2004/05 Assessment/Collectible (per EDU)
FY 02/03 FY 03/04 Proposed FY 04/05
OSD 10 Projected
Assessment Assessment Collectible Assessment Collectible Revenue
El Rancho del Rey 6 & Casa $98.43 $99.91 $94.00 $102.10 $102.00 $67,154
del Rey
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance
Districts herein referenced that the City Council of the City of Chula does hereby find that
written protests against the proposed assessment has not been made by owners representing more
than one-half of the area of land to be assessed trom the improvement and confinns the diagram
and assessment contained in the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall constitute the levy of
assessments and collectibles as proposed in the Engineer's Report for the 2004/2005 fiscal year
and set forth hereinabove for Open Space District 10.
Presented by Approved as to fonn by
CÀ-- ~ChOA.. 0
Jack Griffin Ann Moore
Director of General Services City Attorney
J:IEngineerlAGENDAIResoslOpen Space 10, 7.20-04.doc
/7"'S-
COUNCIL AGENDA STATEMENT
Iteml-'1L
Meeting Date 7120/04
ITEM TITLE: Public Hearing to consider testimony for FY 2004/05 levy of assessments and
collection against those assessments for City Open Space Districts 11
Resolution Levying the assessments and collectibles for Open Space
Districts 11
SUBMITTED BY: Director of General Services / City Engineer ~
REVIEWED BY: City Manager (4/5ths Vote: Yes_NoX)
This is one of four companion agenda items to the primary Open Space assessments agenda item, which
provides all general background infonnation and details regarding the proposed Open Space Districts
assessments for FY 2004/05. The present item includes infonnation specific to Open Space District 11.
RECOMMENDATION: That Council conduct the public hearing and adopt the resolution.
BOARD/COMMISSIONS: N/A
DISCUSSION:
Open Space District 11 is located along East H Street between 1-805 and Del Rey Boulevard (Attachment 1).
General infonnation about this and most other open space districts is contained in the primary Open Space
assessments item, presented on tonight's Council Agenda. Table 1, below, compares the current year's
assessment to the proposed assessment for FY 2004/05.
Table 1. Historical and Proposed FY 2004/05 Assessment/Collectible (per EDU)
FY 02103 FY 03/04 Proposed FY 04/05
OSD 11 Projected
Assessment Assessment Collectible Assessment Collectible Revenue
Hidden Vista Village $99.61 $101.10 $100.00 $103.32 $96.00 $126,819
Staff recommends for FY 2004/05 that the assessment remain the same as in FY 2003/04, plus an allowable
inflation factor of 2,2% (please refer to tonight's primary Open Space agenda item for a discussion of the
inflation factor), bringing the proposed assessment to $103.32 per EDU.
Taking into account the estimated maintenance costs for FY 2004/05, and in order to maintain a reserve at or
above the 50% level, staff recommends a collectible of $96.00 per EDU, with a reserve of 95% (Attachment
2).
/f -I
Page 2, Item /'g
Meeting Date 7/20/04
Because this District was fonned as a result of a 100% petition by the landowners and the assessment is not
being raised above the allowable inflation factor, as provided for in the Municipal Code, this District is
exempt ITom the provisions of Proposition 218.
FISCAL IMPACT:
The total General Fund reimbursement for City staff services from Open Space District II is estimated to be
$22,637. The General Services Department including Engineering, Public Works Operations and Parks
Open Space, the Finance Department and MIS, all generate staff costs associated with the Open Space
program. Contractual and other maintenance costs totaling $134,413 are listed in Attachment 2. These costs
are recovered through the OSD collectible and reserves, causing no net fiscal impact.
ATTACHMENTS:
1. District Map
2. Cost Summary
J:\EngineerIAGENDAIOSDistll PH FYO4-05.doc
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/;:;-'1
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR OPEN SPACE DISTRICT 11
WHEREAS, prior to the adoption of this resolution, the City Council has caused
the formation of various districts under and pursuant to state law; and
WHEREAS, as required by ordinance, the City Engineer has prepared and filed
the annual reports for all existing Open Space Maintenance Districts in the City; and
WHEREAS, on June 15, 2004, Council approved the engineer's reports and set
July 20, 2004 as the date for the public hearing; and
WHEREAS, the proposed assessment for Fiscal Year 2004-2005 is as follows:
Historical and Proposed FY 2004/05 Assessment/Collectible (per EDU)
FY 02/03 FY 03/04 Proposed FY 04/05
OSD 11 Projected
Assessment Assessment Collectible Assessment Collectible Revenue
Hidden Vista Village $99.61 $101.10 $100.00 $103.32 $96.00 $126,819
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance
Districts herein referenced that the City Council of the City of Chula does hereby find that
written protests against the proposed assessment has not been made by owners representing more
than one-half of the area of land to be assessed from the improvement and confirms the diagram
and assessment contained in the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall constitute the levy of
assessments and collectibles as proposed in the Engineer's Report for the 2004/2005 fiscal year
and set forth hereinabove for Open Space District 11.
Presented by Approved as to form by
~~~
Jack Griffin Ann Moore
Director of General Services City Attorney
rlEngineerlAGENDA \Resos\Open Space District 11, 7-20-04.doc
IE-S-
Page 1, Item /e;
Meeting Date 7/20/04
COUNCIL AGENDA STATEMENT
ITEM TITLE: Public Hearing to consider testimony for FY 2004/05 levy of assessments and
collection against those assessments for City Open Space District 14
Resolution Levying the assessments and collectibles for Open Space
District 14
SUBMITTED BY: Director of General Services / City Engineer k
REVIEWED BY: CityManager~ (4/5ths Vote: Yes_No-X)
This is one of four companion agenda items to the primary Open Space assessments agenda item, which
provides all general background information and details regarding the proposed Open Space Districts
assessments for FY 2004/05. The present item includes information specific to Open Space District 14.
RECOMMENDATION: That Council conduct the public hearing and adopt the resolution.
BOARD/COMMISSIONS: N/A
DISCUSSION:
Open Space District 14 is located along the north and south of Country Vistas Lane (Attachment 1). General
information about this and most other open space districts is contained in the primary Open Space
assessments item, presented on tonight's Council Agenda. Table 1, below, compares the current year's
assessment to the proposed assessment for FY 2004/05.
Table 1. Historical and Proposed FY 2004/05 Assessment/Collectible (per EDU)
FY 02/03 FY 03/04 Proposed FY 04/05
OSD14 Projected
Assessment Assessment Collectible Assessment Collectible Revenue
Bonita Long Canyon $320.19 $324.99 $281.00 $332.14 $332.00 $289,951
Staffrecommends for FY 2004/05 that the assessment remain the same as in FY 2003/04, plus an allowable
inflation factor of2.2% (please refer to tonight's primary Open Space agenda item for a discussion of the
inflation factor), bringing the proposed assessment to $332.14 per EDU.
Taking into account the estimated maintenance costs for FY 2004/05, and in order to maintain a reserve at or
above the 50% level, staff recommends a collectible of $332.00 per EDU, with a reserve of 67%
(Attachment 2). For this District, the budget will exceed the amount of revenue that can be generated by the
proposed assessment. However, due to available excess funds in the reserve, there will be sufficient funds to
provide the required open space maintenance during FY 2004/05. It is recommended that staff carefully
/9-1
Page 2, Item ¡q
Meeting Date 7/20/04
monitor the budget process during the next budget cycle to ensure Council is able to continue to collect
sufficient funds for the proposed maintenance. Eventually, once excess funds are no longer available, the
budgets and/or maintenance services will need to be reduced, or the property owners will have to approve, by
ballot, an increase in their assessment to cover the maintenance costs.
Because this District was formed as a result of a 100% petition by the landowners and the assessment is not
being raised above the allowable inflation factor, as provided for in the Municipal Code, this District is
exempt from the provisions of Proposition 218.
FISCAL IMP ACT:
The total General Fund reimbursement for City staff services from Open Space District 14 is estimated to be
$49,953. The General Services Department including Engineering, Public Works Operations and Parks
Open Space, the Finance Department and MIS, all generate staff costs associated with the Open Space
program. Contractual and other maintenance costs totaling $303,391 are listed in Attachment 2. These costs
are recovered through the OSD collectible and reserves, causing no net fiscal impact.
ATTACHMENTS:
1. District Map
2. Cost Summary
J:\EngineerIAGENDAIOSDist14 PH FYO4-05.doc
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/ý-Lj
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR OPEN SPACE DISTRICT 14
WHEREAS, prior to the adoption of this resolution, the City Council has caused
the fonnation of various districts under and pursuant to state law; and
WHEREAS, as required by ordinance, the City Engineer has prepared and filed
the annual reports for all existing Open Space Maintenance Districts in the City; and
WHEREAS, on June 15, 2004, Council approved the engineer's reports and set
July 20,2004 as the date for the public hearing; and
WHEREAS, the proposed assessment for Fiscal Year 2004-2005 is as follows:
Historical and Proposed FY 2004/05 Assessment/Collectible (per EDU)
FY 02/03 FY 03/04 Proposed FY 04/05
OSD 14 Projected
Assessment Assessment Collectible Assessment Collectible Revenue
Bonita Long Canyon $320.19 $324.99 $281.00 $332.14 $332.00 $289,951
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance
Districts herein referenced that the City Council of the City of Chula does hereby find that
written protests against the proposed assessment has not been made by owners representing more
than one-half of the area of land to be assessed from the improvement and confinns the diagram
and assessment contained in the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall constitute the levy of
assessments and collectibles as proposed in the Engineer's Report for the 2004/2005 fiscal year
and set forth hereinabove for Open Space District 14.
Presented by Approved as to fonn by
C"- ~o
Jack Griffin Ann Moore
Director of General Services City Attorney
J:\engineerlagENDAlresos\Open Space District ]4, 7-20-O4.doc
/1- S-
COUNCIL AGENDA STATEMENT
Item ;;zD
Meeting Date 7/20/04
ITEM TITLE: Public Hearing to consider testimony for FY 2004/05 levy of assessments and
collection against those assessments for Eastlake Maintenance District No.1
Resolution Levying the assessments and collectibles for Eastlake
Maintenance District No.1
SUBMITTED BY: Director of General Services / City Engineer ~
REVIEWED BY: City Manager £) (4/5ths Vote: Yes_NoX)
This is one of four companion agenda items to the primary Open Space assessments agenda item, which
provides all general background information and detail on the proposed Open Space District assessments for
FY 2004/05. The present item includes information specific to Eastlake Maintenance District No 1.
RECOMMENDATION: That Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
Eastlake Maintenance District No.1 is a large open space district consisting of Eastlake Hills, Shores and
Business Center 1, Eastlake Greens, the Olympic Training Center, and Salt Creek 1 which was originally part
of East lake's projects (see Attachment I). Because this is a large district of various developments and not all
of the items to be maintained have a benefit to the entire district, the district is made up offive (5) zones as
indicated in Table 1, below. Note that most open space within Eastlake 1 and Eastlake Greens is privately
maintained by homeowners' associations. On the other hand, all of the open space in Salt Creek 1 is
maintained by the Open Space District.
Staff recommends that the assessments for each zone remain the same as in FY 2003/04, plus an allowable
inflation factor of 2.2% (please refer to tonight's primary Open Space agenda item for a discussion of the
inflation factor). The amount to be collected against the assessment (the "collectible") is either equal to or
less than the proposed assessment based on budgeted expenditures, the reserve requirement, savings and
fund balances, earned interest, and prior years' savings. Table 1 outlines the assessment recommendation
and collectible for each of the five zones. The recommended reserve amount for each zone varies from 61 %
to 97%. Reserves of this size stabilize the collectible amounts and offset future cost increases.
c1o- /
Page 2, Item J D
Meeting Date 7/20/04
Table 1. Historical and Proposed FY 2004/05 Assessment/Collectible, per EDU
Eastlake Maintenance FY 02/03 FY 03/04 Proposed FY 04/05
District #1 Assessment Collectible Assessment Assessment Collectible Projected
Revenue
Otay Lakes Road (I) - (3)
Zone A -Eastlake 1 $11.05 $7.92 $11.22 $11.47 $11.00 (3)
Zone B - Eastlake Greens 18.07 11.36 18.34 18.74 14.00 (3)
Zone C - OlvrnDic Trainincr Center 149.65 4.12 151.89 155.23 5.00 (3)
Zone D - Salt Creek I 199.59 163.83 202.58 207.04 207.00 (J)
Zone E - TelegraDh Canyon Channel (2) 28.45 4.45 28.88 29.52 19.00 (J)
(I) Zones A-D share in the cost of Otay Lakes Road medians and off-site parkways.
(2) Portions of East lake I and Eastlake Greens are in this benefit area.
(J) Revenue for all zones combined is $248,194.
Salt Creek 1
The expenditures for Zone D will exceed the amount of revenue that can be generated by the proposed
assessment. However, the availability of sufficient reserves for Zone D will ensure that the City will provide
the required maintenance during FY 2004/05. It is recommended that staff carefully monitor the budget
process during the next budget cycle to ensure Council is able to continue to collect sufficient funds for the
proposed maintenance. Eventually, budgeted expenditures for maintenance of this zone will need to be
reduced, or the property owners will have to approve, by ballot, an increase in their assessment to cover the
maintenance costs.
Olympic Training Center
It is important to note that the current assessment for Zone C of Eastlake Maintenance District No.1
(Olympic Training Center) is historically higher than needed. There are two primary reasons for the
disparity. The assessment initially included the maintenance of Wueste Road slopes and paths; however,
these areas are now maintained privately by the Olympic Training Center as outlined in an agreement with
the City (Resolution 18528). In addition, maintenance of an infiltration basin located at Wueste Road and
Olympic Parkway, although now included in Zone C, will ultimately be shared between two other benefiting
areas (portions of Eastlake Woods and Vistas). Currently, the basin is privately maintained by Eastlake.
FISCAL IMPACT: The total General Fund reimbursement for City staff services ITom Eastlake
Maintenance District No.1 is estimated to be $48,021. The General Services Department including
Engineering, Public Works Operations and Parks Open Space, the Finance Department and MIS, all generate
staff costs associated with the Open Space program. Contractual and other maintenance costs totaling
$281,217 are listed in Attachment 2. These costs are recovered through the OSD collectible and reserves,
causing no net fiscal impact.
Attachments:
1. District Map
2. Cost Summary
J:\EngineerIAGENDAIOSDistELMD _I PH FYO4-05.doc
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTillLES FOR EASTLAKE MAINTENANCE
DISTRICT NO. I
WHEREAS, prior to the adoption of this resolution, the City Council has caused
the fonnation of various districts under and pursuant to state law; and
WHEREAS, as required by ordinance, the City Engineer has prepared and filed
the annual reports for all existing Open Space Maintenance Districts in the City; and
WHEREAS, on June 15,2004, Council approved the engineer's reports and set
July 20,2004 as the date for the public hearing; and
WHEREAS, the proposed assessment for Fiscal Year 2004-2005 is as follows:
Historical and Proposed FY 2004/05 Assessment/Collectible, per EDU
Eastlake Maintenance FY 02/03 FY 03/04 Proposed FY 04/05
District #1 Assessment Collectible Assessment Assessment Collectible Projected
Revenue
Otay Lakes Road (I) - - (3)
Zone A -Eastlake 1 $11.05 $7.92 $11.22 $11.47 $11.00 (3)
Zone B - Eastlake Greens 18.07 11.36 18.34 18.74 14.00 (3)
Zone C - Olympic Training 4.12 5.00 (3)
Center 149.65 151.89 155.23
Zone D - Salt Creek I 199.59 163.83 202.58 207.04 207.00 (3)
Zone E - Telegraph Canyon 28.45 4.45 28.88 29.52 19.00
Channel (2) (3)
(I) Zones A-D share in the cost ofOtay Lakes Road medians and off-site parkways.
(2) Portions of Eastlake I and Eastlake Greens are in this benefit area.
(3) Revenue for all zones combined is $248,194.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance
Districts herein referenced that the City Council of the City of Chula does hereby find that
written protests against the proposed assessment has not been made by owners representing more
than one-half of the area of land to be assessed from the improvement and confinns the diagram
and assessment contained in the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall constitute the levy of
assessments and collectibles as proposed in the Engineer's Report for the 2004/2005 fiscal year
and set forth hereinabove for Eastlake Maintenance District No. I
r2JJ-7
Presented by Approved as to fonn by
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Jack Griffin Ann Moore
Director of General Services City Attorney
nEnginwIAGENDA\Resos\ELMD #1, 7-2Q-Q4.doc
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COUNCIL AGENDA STATEMENT
Item ,;¿/
Meeting Date 7/20/04
ITEM TITLE: Public Hearing regarding the fonnation of Community Facilities
District No. 11M (Rolling Hills Ranch)
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City Manager ø (4/5ths Vote: Yes- No.lU
It is recommended this item be continued to the meeting of August 3, 2004
)o\enginee,IaGENDAIA11J cfd 11M ROFcont'd.doc
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CITY OF CHULA VISTA
MA VOR/COUNCIL
Memo
To: Lorraine Bennett, Deputy City Clerk
From: Anne L Harrison, Consrituent Services Manager
Date: 7/7/2004
Re: Appointment to the Design Review Commission
Mayor Stephen Padilla would like to appoint Ms. Katherine Magallon to the Design Review
Commission.. This is to fill the vacancy of Ms. Patricia Aguilar. Please place this on the July 20
2004 Council agenda for ratÎfÍcarion. If you have any quesrions, please contact me at x5812.
Thank you fur your assistance.
~ £. fI~tIÚ
Anne L. Harrison
Consrituent Services Manager
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CITY OF CHULA VISTA
MAYOR/COUNCIL
Memo
To: Lorraine Bennett, Deputy City Oerk
From: Anne 1. Harrison, Constituent Services Manager
Date: 7/7/2004
Re: Appointment to the Housing Advisory Commission
Mayor Stephen Padilla would like to appoint Ms. Margie Reese to the Housing Advisory
Commission to fill the vacancy of Frederick Dufresne. Please place this on the July 20 2004
Council agenda for ratification. If you have any questions, please contact me at x5812. Thank
you for your assistance.
~l.JI~
Anne L Ha.a:ison
Constituent Services Manager
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CITY OF CHULA VISTA
MA VOR/COUNCIL
Memo
To: Lorrame Bennett, Deputy City Clerk
From: Anne L. Hattison, Consrituent Services Manager
Date: 7/7/2004
Re: Appointments to the Veterans Advisory Commission
Mayor Stephen Padilla would ~Ã<2.¿J2PO¥]Lrw. Gene Pellerin to the Veterans Advisory
Conunission to fill the vacancy of~"P!ease place this on the July 20 2004 Council
agenda for mtificarion. If you have any quesrions, please contact me at xS812. Thank you for
your assistance.
!J:::::::. Y(~
Consrituent Services Manager
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