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Home My WebLink AboutAgenda Packet 2004/09/21 CITY COUNCIL AGENDA September 21, 2004 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~. ~ - -- -- - ~~~~ 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 ********** 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 ********** AGENDA I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board accorchng to Brown Act r quiromonta. ~ Dated !/ /1 tJ <f Signe. ~ . .. September 21, 2004 CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO ROGER CAZARES FOR 30 YEARS OF SERVICE AS CEO OF THE METROPOLITAN AREA ADVISORY COMMITTEE PROJECT · UPDATE BY FRANK RIVERA, DEPUTY CITY ENGINEER ON THE OLYMPIC PARKWAY/INTERSTATE 805 INTERCHANGE CONSTRUCTION PROJECT CONSENT CALENDAR (Items 1 through 8) 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12- FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SP A) PLAN PLANNED COMMUNITY DISTRICT REGULATIONS (SECOND READING) In April 2003, the Council approved the Sectional Planning Area (SPA) Plan for the Freeway Commercial portion of Planning Area 12 in the Otay Ranch. General Growth has applied to amend the FC-l area (McMillin Company's ownership) in the Freeway Commercial SPA Plan. The proposal includes changes to the vehicle and transit circulation, the concept plan and Planned Community District Regulations. Planning Area 12 - Freeway Commercial is located east of the future State Route 125, south of Olympic Parkway, north of the future alignment of Birch Road, and west of EastLake Parkway. This ordinance was introduced on September 14, 2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 FOR CITY OF CHULA VISTA PROJECTS UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDING All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 1 - Council Agenda September 21, 2004 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE CONSULTANT SELECTION PROCESS AND APPROVING A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK AND ASSOCIATES, INCORPORATED FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES On May 2, 2000, the City Council approved a contract with Dudek and Associates for environmental and engineering services for the Salt Creek and Wolf Canyon gravity sewer interceptors. The contract has since been amended three times to complete the design and construction of these projects. A fourth amendment is necessary to provide Dudek and Associates with additional compensation for services required for the final phase of the Salt Creek project and some additional work required for the Wolf Canyon trunk sewer project (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SANDAG TO CLAIM AND TRANSFER TO THE CITY OF CHULA VISTA $220,500 FROM THE CITY'S PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS AND APPROPRIATE THE FUNDS FOR AN OPERATOR/SERVICER/MECHANIC (OSM) RETENTION AND PERFORMANCE INCENTIVE (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATCN ANCOM CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT (4/5THS VOTE REQUIRED) City Transit staff, in collaboration with the San Diego/Imperial Counties Labor Council, would like to reward bus operators and maintenance staff for providing top quality service and for demonstrating a safe and dependable work ethic. A performance-based incentive is being recommended for this purpose. A total of $220,500 is proposed to be appropriated for this incentive from the $835,277 available to the City from the City's prior-year unallocated TDA (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER FROM PROJECT STL-277, PAVEMENT REHABILITATION 2001/2002, TO PROJECT STL-219, SIDEWALK IMPROVEMENTS ALONG THIRD A VENUE BETWEEN TREMONT STREET AND ZENITH STREET IN THE CITY OF CHULA VISTA, ACCEPTING BIDS AND AWARDING CONTRACT (4/5THS VOTE REQUIRED) Project STL-219 includes excavation and grading, removal and disposal of existing improvements, installation of asphalt concrete berm and concrete sidewalks, pavement overlay as needed, pavement striping and marking, traffic control, and protection and restoration of existing improvements. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda September 21,2004 --------,..-.._.....~._.. -..-------.---.""......-- 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DELETING ONE PRINCIPAL LANDSCAPE ARCHITECT POSITION, ADDING ONE SENIOR FISCAL OFFICE SPECIALIST POSITION AND ADDING ONE LOCKSMITH POSITION As the General Services Department continues to evolve and opportunities occur for realignment of positions, it has become clear that additional administrative assistance is required. It is also clear that the City's move toward sophisticated electronic locking devices on new, renovated and existing buildings is creating significant demands on the City's one Locksmith. This realignment will enable the department to improve its level of service and efficiency without requiring any additional appropriations from the General Fund. (Director of General Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $50,000 EXTENSION TO A PURCHASE ORDER WITH JAS PACIFIC, INC. TO PROVIDE BUILDING INSPECTION SERVICES (4/5THS VOTE REQUIRED) Due to the continued high level of construction activity, staff has determined a greater need for contract building inspection services than anticipated. Adoption of the resolution approves the extension of an existing purchase order. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8.A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA The proposed resolution adopts an amended Appendix to the City's Conflict of Interest Code, listing the officials and designated employees of the City who are required to file periodic statements of economic interest and the disclosure categories under which each official and designated employee is required to file. The proposed ordinance amends the disclosure categories as recommended by the Fair Political Practices Commission. (City Clerk) Staff recommendation: Council place the Ordinance on first reading and adopt the Resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 3 - Council Agenda September 21, 2004 "--" _._.~_..._._-""_._._.- - -..__._--~--~---~---~-- PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF APPROVAL OF THE WIDENING PROJECT ON TELEGRAPH CANYON ROAD, FROM 800 FEET WEST OF CREST DRIVE TO INTERSTATE 805, AND THE ACQUISITION OF CERTAIN RIGHT-OF-WAY OVER PORTIONS OF ASSESSOR'S PARCEL NUMBER 639-080-22 FOR IMPROVEMENTS ON TELEGRAPH CANYON ROAD The widening of Telegraph Canyon Road is one of the eastem Chula Vista traffic enhancement projects previously identified by the City to help reduce congestion on the arterial roadways leading to 1-805. Design of the widening project is currently being proposed after an analysis of many altematives. To accommodate the proposed widening, it is necessary to acquire certain rights-of-way from the ARCO gas station located on the north side of Telegraph Canyon Road, west of Halecrest Drive. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WIDENING PROJECT ON TELEGRAPH CANYON ROAD, FROM 800 FEET WEST OF CREST DRIVE TO INTERSTATE 805 AND ADOPTING ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-02-35 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF A PORTIONS OF ASSESSOR PARCEL NUMBER 639-080-22 FOR THE CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-I02) AND AUTHORIZING CONDEMNATIN PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY IN THE MANNER PROVIDED BY LAW ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF APPROVAL OF ADDITIONAL STAFF AND EQUIPMENT FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS AND THE APPROPRIATION OF FUNDS THEREFOR Page 4 - Council Agenda September 21, 2004 .....___....._ _______.__..__...._.__.,......_.,__ m____~~_·____·__,·,·w·__ On April 11, 2000, the City Council approved the establishment of a maintenance level of staff for City parks and other property and a commensurate staf£'acreage ratio for the turnover of recent and future park development and other City property. Consequently, the Parks Maintenance Section is now requesting a Parks Manager and additional staff and equipment, in order to address the section's staffmg needs. (Director of Public Works Operations) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $93,661 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $84,000 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR EQUIPMENT FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED) 11. CONSIDERATION OF APPROVAL OF ADDITIONAL PERSONNEL FOR THE FIRE DEPARTMENT AND AN APPROPRIATION OF FUNDS FOR EQUIPMENT NEEDED FOR THE NEW POSITIONS On September 7, 2004, the City Council accepted in concept the Fire Department Strategic Business Plan, which internally aligns staff resources and positions to achieve mission-oriented results for the residents of Chula Vista. Adoption of the resolutions adds eight positions needed to build the intemal capability to ensure optimal delivery of fire services and appropriates funds for start-up equipment costs associated with the new positions. (Fire Chief) Staffrecommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET, APPROPRIATING $262,190 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $125,000 BASED UPON UNANTICIPATED STATE REIMBURSEMENTS FOR PERSONNEL SERVICES COSTS, $106,500 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR SERVICE AND SUPPLIES COSTS ASSOCIATED WITH ADDING 10 POSITIONS IN THE FIRE DEPARMENT TO IMPLEMENT THE FIRST PHASE OF THE FIRE STRATEGIC BUSINESS PLAN (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT BUDGET BY APPROPRIATING $204,500 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FOR START UP EQUIPMENT COSTS ASSOCIATED WITH THE NEW POSITIONS REQUIRED TO SERVE GROWTH (4/5THS VOTE REQUIRED) Page 5 - Council Agenda September 21, 2004 - - ----- - - - --_._--_.._.._.._..~~---------_.._-_.._--_._- ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS A. Ratification of appointment to the International Friendship Commission: John Nezozzi B. Ratification of appointments to the Youth Advisory Commission: . Patricia DeSaracho (Castle Park High School) . Yazmin DeSaracho (Castle Park Middle School) C. Ratification of appointment to the Interagency Water Task Force: Jon Jamieson 14. 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). 15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One Case 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case 17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Parcel No. 639-080-22 Agency negotiator: Rick Ryals, Real Property Manager and Linda Bartz, Attorney Negotiating Parties: City of Chula Vista, BP Products North America, Inc., Arco Service Station. Under Negotiation: Price and Terms ADJOURNMENT to the Regular Meeting of October 5, 2004, at 4:00 p.m. in the Council Chambers. The meeting of September 28, 2004 has been cancelled. Page 6 - Council Agenda September 21, 2004 --.-, . .'. -..--..-..- -' -~"--'---~-'----'- ~,---- DO?"O~ ORDINANCE NO. ~NJ\~G t>.~\) ~ CO~\) ~ AN ORDINANCE OF THE CITY COUN~ OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is commonly known as Otay Ranch, Freeway Commercial ("Property"); and, WHEREAS, an application to amend the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations and associated regulatory documents was filed with the City of Chula Vista Planning Department on April 28, 2004 by General Growth Properties, Inc. ("Applicant"); and WHEREAS, the amended Otay Ranch, Freeway Commercial SPA Plan, Planned Community District Regulations ("Project") and associated regulatory documents are intended to ensure that the Otay Ranch Freeway Commercial SPA Plan are developed in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for eastem Chula Vista, to promote the orderly planning and long-term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Freeway Commercial area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations were established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and, WHEREAS, the amended Otay Ranch Freeway Commercial SPA Planned Community District Regulations modify zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial to include two zoning designations,FCI and FC2; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area 12 - Freeway Commercial Plan ("Freeway Commercial SPA Plan") previously approved by the City Council on April 1, 2003 by Resolution No. 2003-132, wherein the City Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Final Enviroll.IT\ental Impact Report No. 02-04, ("FEIR 02-04"); and, WHEREAS, the amended Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City ofChula Vista on October, 28,1993, and as amended on May 14,1996, and November 10, 1998; and, / -I __ _'n'. .__,_...__~.___ ___,_.._~__ Page 2 WHEREAS, the City Council of the City ofChula Vista has previously reviewed, analyzed, considered, and certified Final Environmental Impact Report Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan FEIR 02-04; and, WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 02-04, and that there is no significant new information, and has therefore prepared an addendum to said FEIR.. The amendments are in substantial conformance with the Otay Ranch GDP and SPA on w?-ich the FEIR analysis was based and, therefore, approval and implementation of the SPA amendments does not change the basic conclusions of the FEIR. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures ofthe City of Chula Vista; and, WHEREAS, the Planning Commission set the time and place for a hearing on said amendments to Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 04-15) and Planned Community District Regulations and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing and its mailing to property owners within 500 feet of the exterior boundaries of the Project site; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 25,2004 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed; and, WHEREAS, by a vote of 6 to 0, the Planning Commission recommended approval the project; and, WHEREAS, a public hearing was scheduled before the City Council ofthe City ofChula Vista on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Amendment and adopting an amendment to the ordinance to modify the Otay Ranch Planning Area 12 - Freeway Commercial SPA Planned Community District Regulations. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 25, 2004 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. 1-2- . Page 3 II. COMPLIANCE WITH CEQA The City Council hereby finds that the Amendment would have no new effects that were not examined in Final EIR 02-04 The City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 02-04, and that there is no significant new information, and has therefore prepared an addendum to said FEIR The City Council has reviewed and considered the addendum with the Final EIR and hereby adopts the addendum. III. ACTION The City Council hereby adopts an Ordinance approving the amendment to Otay Ranch Freeway Commercial SPA Planned Community District Regulations, fmding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning Area 12 - Freeway Co~ercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the addendum to the Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-04) reflects the independent judgment of the City Council of the City of Chula Vista. V. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by James Sandoval Planning and Building Director /-3 ._--~,._.__..~.._.."._,... ,__ .,_____',.,__ ·_.._._~n.~._'~_n_'__·_·_··___ COUNCIL AGENDA STATEMENT Item .;:2 Meeting Date: 9/21104 ITEM TITLE: Resolution Accepting the Disadvantaged Business Enterprise Program for the period of October I, 2004 through September 30, 2005 for projects of the City of Chula Vista that utilize Federal Highway Administration funds SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City Manager,;D (4/Sths Vote: Yes_ No-X.J All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The Disadvantaged Business Enterprise Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. RECOMMENDATION: That Council approve the resolution accepting the Disadvantaged Business Enterprise (DBE) Program for the period of October 1, 2004 through September 30, 2005 for City ofChula Vista projects utilizing Federal Highway Administration funding. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: General On September 16, 2003 City Council approved Resolution No. 2003-399 accepting the Disadvantaged Business Enterprise Program for the period of October I, 2003 through September 30, 2004. The goals for the program have been revised and some modifications were made to the program itself. The Disadvantaged Business Enterprise (DBE) Program is a Federal program operating under the guidance of the United States Department of Transportation (DOT). A new Federal regulation, Title 49 Code of Federal Regulations, Part 26 (49 CFR 26) that governs the DBE Program became effective March 4, 1999; since then, the City ofChula Vista has complied every year with the DOT's regulations. Caltrans has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal aid highway funds from Federal Highway Administration (FHW A) programs. City staff has worked closely with Caltrans in preparing this program. 2-/ - - - _.._._~ -- ._---~.~~---~---~--------- Page 2, Item .;::2 Meeting Date 9/21/04 The overall goal of the DBE Program is to ensure that contractor/consultant businesses owned and controlled by minorities, women and other socially and economically disadvantaged persons have the opportunity to bid and work on projects funded by FHW A. It is the policy of the City ofChula Vista to ensure that DBEs have an equal opportunity to receive and participate on DOT funded projects. It is the goal of the DBE Program to accomplish the following: 1. Ensure non-discrimination in the award and administration of DOT assisted contracts 2. Create a level playing field on which DBEs can compete fairly with non-DBE companies for DOT -assisted contracts 3. Ensure that the DBE Program is narrowly tailored in accordance with the applicable law 4. Ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBEs 5. Help remove barriers for the participation ofDBEs in DOT assisted contracts 6. Assist the development of firms to compete successfully in the market place outside the DBE Program Citv ofChula Vista DBE Program Overall Goal As part ofthe DBE Program, the City ofChula Vista is required to calculate an overall percentage of DBE participation in DOT assisted contracts. The overall goal is defined as a percentage ofDBE participation on all Federal aid highway funds expended on FHW A assisted contracts in the upcoming fiscal year. The City ofChula Vista's base figure was calculated to be 6.2%. The overall goal methodology is a two-step process as described in 49 CFR 26. Step I is to determine a base figure percentage. The base figure was determined by researching the availability of DBEs that are ready, willing and able to participate in the Federal aid contracting programs divided by the number of firms available in the San Diego area. Certified DBE figures were determined using Caltrans databases. The number of all ready, willing and able firms located in the San Diego area was determined using the Census Bureau's 2000 County Business Pattern Database. Once a base percentage figure was determined, Step 2 consisted of adjusting the overall goal either up or down based on the availability ofDBEs in the local market. Based on relevant upcoming City of Chula Vista DOT-assisted projects and the availability ofDBEs to participate on those projects, the overall goal was adjusted to 5.9%. Therefore, it is the City's annual goal to attain a 5.9% participation ofDBEs on the City ofChula Vista's DOT-assisted contracts. In accordance with 49 CFR 26, the City of Chula Vista will include language in the contract specifications, encouraging DBEs to bid on DOT -federally assisted projects in order to meet our goal of5.9% DBE participation. 2-2. Page 3, Item :2 Meeting Date 9/21/04 Last year's overall goal was 7.5% while the actual DBE participation was about 6.4%. During Federal fiscal year 2003-2004, four City projects received federal funding. The total contract amount for the four projects was $2,622,930 from which the total amount awarded to DBEs was $166,694. Citv of Chula Vista DBE Program Updates Updates to the DBE program include: · Item VI: Sandra Hernandez, Assistant Engineer has replaced Mario Ingrasci, Assistant Civil Engineer as the DBE Liaison Officer of the City of Chula Vista. · Jack Griffin, Director of General Services has replaced Cliff Swanson, Director of Engineering as the person authorized to approve the Program. · Item XII: Update to the "Prompt Payment of Retainage" clauses, according to the new "Supplemental Disadvantaged Business Enterprise (DB E) Final Rule", dated June 16,2003. · Established a new DBE goal for FY -04/05: The City ofChula Vista's proposed overall DBE Goal was adjusted to reflect expected projects that will be receiving FHW A funds for the period of October I, 2004 to September 30, 2005 and the number of available and willing DBE firms in the San Diego County for the same period. The City of Chula Vista has published a Public Notice, announcing the City of Chula Vista's proposed DBE Program and the overall annual goal for the federal FY 2004/2005 contracts assisted by FHW A funds in general circulation media including minority focused media, local trade papers and the Star News. The DBE Program, its proposed goals and the rational for the goals were available for inspection for thirty (30) days and the City accepted comments on the proposed goals . for forty-five (45) days from the date of the Public Notice. During the Public Notice period, no comments were made regarding the DBE Program. Title 49 CFR 26 requires the local agencies' governing body approve the DBE Program before funds for Federal-assisted projects can be utilized. FISCAL IMP ACT: The costs of managing and maintaining the DBE program will become part of the costs of Federal Highway projects and will be included in reimbursements from FHW A programs. Thus, there is no overall fiscal impact to the City for this program other than the initial staff costs to prepare this policy and to update it each year. Attachment: DBE Program Fî1e No. OI40-30-KY072-01 J:\Engineer\DESIGN\DBE-D\04-05 Prog\DBE-A113-2005.doc 2-3 ~ --. . ------~. .-.-----...----.--.------"------ RESOLUTION NO. 2004 - - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS WHEREAS, on September 16,2003 the City Council approved Resolution No. 2003-399 accepting the Disadvantaged Business Enterprise Program (DBE) for the period of Octoberl, 2003 through September 30, 2004; and WHEREAS, the goals for the program have been revised and some modifications were made to the Program itself; and WHEREAS, all local agencies receiving Federally-assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program, per Title 49 Code of Federal Regulations, Part 26 (49 CFR 26); and WHEREAS, the DBE is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration; and WHEREAS, CALTRANS has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal-Aid highway funds ftom Federal Highway Administration (FHW A) programs, and the City has worked closely with CALTRANS in preparing this program; and WHEREAS, it is the policy of the City to ensure that DBE's have an equal opportunity to receive and participate on DOT funded projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChuIa Vista does hereby accept the Disadvantaged Business Enterprise Program for the period of October I, 2004 through September 30, 2005 for City of Chula Vista projects utilizing Federal Highway Administration funding in the form set forth in Exhibit "A". BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement this program. Presented by Approved as to form by D~ ì, W---- Jack Griffm Ann Moore Director of General Services City Attorney J:\AttorneylRESOlDisadvantaged Business Enterprise Program 2004.doc 2-if --~--_....- ~ ~_"_"__'__"_"____"_."'~.~_"._.._ ... n.____n "..____ City of Chula Vista ~ ~ ft.. ~ ~ - - - -~~- CllY OF CHULA VISTA DISADV ANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR U.S. DOT FUNDED PROJECTS Federal Fiscal Year 2004/2005 (October 1 - September 30) (Amended on June 30, 2004) 2-5" "-.....- - -_.._-----_.._~.._.._--_._._~--_..,,-_._,..~_..__.._...---,-.--.- City of Chula Vista This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR U.S. DOT FUNDED PROJECTS FOR THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO I. Definitions of Terms The terms used in this program have the meanings defined in 49 CFR §26.5. II. Objectives /Policy Statement (§26.1, §26.23) The City of Chula Vista has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the u.s. Department of Transportation (DOT), Title 49 of the Code ofPederal Regulations, Part 26 (49CFR Part 26). The City ofChula Vista has received federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of Chula Vista will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Chula Vista to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT -assisted contracts. It is also our policy: To ensure nondiscrimination in the award and administration of DOT-assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT- assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT-assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. Sandra Hernandez, Assistant Engineer, has been designated as the DBE Liaison Officer. In that capacity, Sandra Hernandez is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Chula Vista in its financial assistance agreements with the California Department of Transportation (Caltrans). June 30, 2004 2-0> Page 2 City of Chula Vista The City of Chula Vista has disseminated this policy statement to the Chula Vista City Council and all the departments of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. m. Nondiscrimination (§26.7) The City of Chula Vista will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against any person in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Chula Vista will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national ongm. IV. DBE Program Updates (§26.21) The City of Chula Vista will continue to cany out this program until the City of Chula Vista has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of Chula Vista will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (§26.43) The City of Chula Vista will not use quotas or setasides in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (§26.45) The City of Chula Vista has designated the following individual as the DBE Liaison Officer: Sandra Hernandez, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 476-5363, shernandez¡(D,ci. chllla-vista. ca. liS. In this capacity, Sandra Hernandez is responsible for implementing all aspects of the DBE program and ensuring that the City of Chula Vista complies with all provisions of 49 CFR Part 26. These regulations are available on the Internet at http://osdbuweb.dot.govl. Sandra Hernandez has direct, independent access to the Director of General Services, Jack Griffin, conceming DBE program matters. Sandra Hernandez will have available from the City such administrative and legal assistance as is required. The organization chart displaying the DBELO's position in the organization is found in Attachment 1 to this program. June 30, 2004 2-7 Page 3 ~...._..^...__."- -- ---------- City of Chula Vista The DBELO is responsible for developing, implementing and monitoring the DBE program in coordination with other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of Chula Vista's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the City Manager and City Council on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director of each project to determine contractor compliance with good faith efforts. II. Provides DBEs with information and assistance in preparing bids and obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of contracting opportunities within the City. VII. Federal Financial Assistance Agreement Assurance (§26.13) The City of Chula Vista will sign the following assurance, applicable to all Federal Highway Administration (FHW A)-assisted contracts and their administration as part of the program supplement agreement for each project: "The recipient shall not discriminate based on race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBEProgram, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 Us.e. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 Us.e. 3801 et seq.)." June 30, 2004 2-$ Page 4 City of Chula Vista Vill. DBE Financial Institutions It is the policy of the City of Chula Vista to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. Directory (§26.31) The City of Chula Vista will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program web site at www.dot.ca.gov/hq/bep. X. Overconcentration (§26.33) The City of Chula Vista has not identified any types of work in DOT -assisted contracts that have an over concentration of DBE participation. If in the future the City of Chula Vista identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the District Local Assistance Engineer (DLAE) for approval. XI. Business Development Programs (§26.35) The City of Chula Vista does not have a DOT -Certified business development or mentor- protégé program. The City ofChula Vista has identified the need for such a program and is in the process of developing one. This program will be submitted in the future to the DLAE for approval. XII. Required Contract Clauses (§§26.13,26.29) Contract Assurance The City of Chula Vista ensures that the following clause is placed in every DOT -assisted contract and subcontract: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DO T -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this June 30, 2004 2-c!¡ Page 5 . _.._- ~ ----.-----... --~_..._~-~-,-----_.__._,_._-_. City of Chula Vista contract, which may result in the termination of this contract or such other remedy as the City ofChula Vista deems appropriate." Prompt Payment The City of Chula Vista ensures that the following clauses or their equivalent will be included in each DOT -assisted prime contract: Prompt Pros¡:ress Payment to Subcontractors "A prime contractor or subcontractor shall make payment to any subcontractor within 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the City's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the contractor, or deficient subcontractor performance, or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. " Prompt Payment of Withheld Funds to Subcontractors The City of Chula Vista ensures that the following clause is placed in every DOT -assisted contract and subcontract: "The City of Chula Vista shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptance of portions, as determined by the City, of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City of Chula Vista. Any delay or postponement of payment may take place only for good cause and with the City of Chula Vista's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event June 30, 2004 2-10 Page 6 , City of Chula Vista of a dispute involving late payment, or nonpayment by the contractor, or deficient subcontractor's performance, or noncompliance by a subcontractor. This clause applies to both DEE and non-DEE subcontractors. " xm. Monitoring and Enforcement Mechanisms (§26.37) The City of Chula Vista will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award, the City of Chula Vista will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Pre-construction Conference A pre-construction conference will be scheduled between the RE and the contractor or his or her representative to discuss the work DBE subcontractors will perform. Before work can begin on a subcontract, the City of Chula Vista will require the contractor to submit a completed "Subcontracting Request" form, Exhibit 16-B of the Local Assistance Procedure Manual (LAPM), written by the State of California- Department of Transportation (see Attachment 7) or equivalent. When the RE receives the completed form, the form will be checked for agreement between it and the "Local Agency Bidder-DBE Information, Exhibit 15-G. The RE will not approve the request when the Subcontracting Request Form identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder-DBE (Construction Contracts)-Information" form, Exhibit 15-G of the LAPM (see Attachment 8). The Subcontracting Request Form will not be approved until all discrepancies are resolved. If a discrepancy cannot be resolved, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the Local Agency Bidder DBE (Construction Contracts)-Information form will be compared to those listed in the completed "Notice of Materials to Be Used" form, Exhibit 16-1 of the LAPM (see Attachment 9) or equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FP A). Local agencies will require contractors to adhere to the provisions within June 30, 2004 2.-1/ Page 7 ~___."___'·'_._.···..___M_""_'__'____ City of Chula Vista Subletting and Subcontracting Fair Practices Act (California Public Contract Code) Sections 4100-4114. The FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid, or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FP A provides that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will provide to the contractor the "Final Report Utilization of Disadvantaged Businesses" form, Exhibit 17-F of the LAPM (see Attachment 10) and will explain to the contractor that the document will be required at the end of the proj ect. If the document is not provided at the completion of the project, payment can be withheld in conformance with the contract. Construction Contract Monitoring The RE will ensure that the RE's staff (inspectors) knows what items of work each DBE is responsible for performing. Inspectors will notifY the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notifY the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action. The DBE Liaison Officer will perform a preliminary investigation to identifY any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the CAL TRANS Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specific violation and the required withholding of payment. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of the contract, which may result in the termination of the contract or such other remedy as the City of Chula Vista deems appropriate. For DOT-assisted contract that include freight services provided by a DBE, the following requirements are needed: submittal of a monthly truck document showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers will be checked by the RE's staff regularly to confirm compliance. Providing evidence ofDBE payment is the responsibility of the contractor. Substitution June 30, 2004 2-/2- Page 8 City of Chula Vista When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and the reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and the procedure for the DBE subcontractor to file a written objection to the substitution in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract DBE goal with this substitution, the contractor must provide documentation of the required good faith effort made to reach the goal to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the RE/Contract Manager may contact the District Local Assistance Engineer (DLAE) for assistance and direction. Record KeeDing and Final ReDort Utilization of Disadvantaged Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by his or her own work force along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed, the contractor will provide a summary of the records listed above. The DBE utilization information will be documented on the Final Report of Utilization of Disadvantaged Businesses form (Exhibit 17-F of the LAPM) and will be submitted to the DLAE and attached to the Report of Expenditures. The RE will compare the completed Final Report of Utilization of Disadvantaged Businesses form to the contractor's completed Local Agency Bidder-DBE (Construction Contracts )- Information form (Exhibit 15-G of the LAPM) and, if applicable, to the completed Subcontracting Request form (Exhibit 16-B of the LAPM). The DBEs shown on the completed Final Report of Utilization of Disadvantaged Businesses form should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items, or dollar figures are different from what was originally shown on the completed Local Agency Bidder-DBE (Construction Contracts)-Information form when: . There have been no changes made by the RE. June 30, 2004 2-/3 Page 9 ,._~...-.__...._.._---_.__._- City of Chula Vista . The contractor has not provided a sufficient explanation for the discrepancies in the comments section of the completed Final Report of Utilization of Disadvantaged Businesses form. The explanation will be attached to the completed Final Report of Utilization of Disadvantaged Businesses form for submittal. The RE will file this in the project records. The DBELO will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the Plans, Specifications and Estimates (PS&E) checklist to monitor the City ofChula Vista's commitment to require bidders list information to be submitted to the City of Chula Vista from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Chula Vista will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 49 CFR Part 26. The City of Chula Vista will also consider similar action under its municipal legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (§26.45) Amount of Goal The City of Chula Vista's overall goal for the federal fiscal year on FHW A-assisted contracts is found in Attachment 2. Methodologv The metbodology followed in setting the overall goal is also attached as Attachment 2. Process Starting with the federal fiscal year 2002 (October I, 2001), the amount of the overall goal, the method used to calculate the goal, and the breakout of estimated race-neutral and race-conscious participation will be required annually by June I't of every year in advance of the federal fiscal year beginning October I" for FHW A-assisted contracts. Annual submittals of the overall goals will be to the Caltrans' DLAE. An exception to this will be if the Federal Transit Administration (FTA) or the Federal Aviation Administration (FAA) recipients are required by the FT A or the FAA to submit the June 30, 2004 2-14 Page 10 City of Chula Vista annual information to them or a designee by another date. FHW A recipients will follow this process: Once the DLAE has responded with preliminary comments to the City of Chula Vista's overall goal for the federal fiscal year on FHW A-assisted contracts, the City will incorporate the comments into the draft overall goal information. Subsequently, the City of Chula Vista will publish a notice informing the public about the proposed overall goal, the rationale supporting the goal and the availability of the goal and rationale for review for 30 days following the date of the notice. The City will accept comments from the public regarding of the proposed overall goal for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade publications and web sites will be the normal methods used to accomplish the review and comment requirements of the program. The notice will include addresses to which comments may be sent and addresses (including offices and web sites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and the City of Chula Vista's responses to the comments. The report will be due by September I, 2004 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Chula Vista may begin using the overall goal on October I of each year. XV. Contract Goals (§26.51) The City of Chula Vista will use contract goals to meet any portion of the overall goal. The City of Chula Vista does not anticipate being able to meet the overall goal by the use of race-neutral means only. Contract goals are established so that, over the period to which the overall goal applies, the contract goal will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT -assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT -assisted contract (see Attachment 3). XVI. Transit Vehicle Manufacturers (§26.49) If DOT -assisted contracts include transit vehicle procurements, the City of Chula Vista will require each transit vehicle manufacturer, as a condition of being authorized to bid on transit vehicle procurements, to certifY that it has complied with the requirements of June 30, 2004 2-/6 Page 11 -------_._~--------~-----_._~- City of Chula Vista 49 CFR Part 26. The City of Chula Vista will direct the transit vehicle manufacturer to the subject requirements located on the Internet at http://osdbuweb.dot.gov/programs/dbe/dbe.htm. xvn. Good Faith Efforts (§26.53) Information to be Submitted The City of Chula Vista treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal meets all the requirements ofthe advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform: 3. The dollar amount of the participation of each DBE firm participant 4. Written and signed documentation of the contractor's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts to meet the contract goal. The bidder/offeror can demonstrate that it has done a good faith effort, by either meeting the contract goal or documenting good faith efforts. The following personnel is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient evidence of good faith efforts to be regarded as responsive: Sandra Hernandez, Assistant Engineer. The City of Chula Vista will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. Administrative Reconsideration Within 10 days of being informed by the City ofChula Vista that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: Jack Griffin, Director of General Services. The June 30, 2004 2-{0 Page 12 City of Chula Vista reconsideration official will not have played any role in the original determination that the bidder/offeror did not make, or document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Chula Vista will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is administratively final and is not appealable to Caltrans, FHW A or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of Chula Vista will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation of the reasons for its failure to perform. In this situation, the prime contractor will be required to obtain prior approval of the substitute DBE from the City of Chula Vista and provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Chula Vista contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. XVIII. Counting DBE Participation (§26.55) The City of Chula Vista will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. XIX. Certification (§26.83(a» The City of Chula Vista ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in its program. XX. Information Collection and Reporting (§26. I I) Bidders List The City of Chula Vista will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT -assisted contracts. The November 25, 2003 2..-17 Page 13 -- --_.~--~---~--_._..,--_.- City of CbuIa Vista bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms on the list. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. The contractor will make these records available for inspection upon request by any authorized representative of the City of Chula Vista, Caltrans or FHW A. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of Chula Vista to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reporting to Caltrans The City ofChula Vista - Final utilization ofDBE participation will be reported to the DLAE using the Final Report Utilization of Disadvantaged Businesses form (Exhibit 17-F of the LAPM). Confidentiality Consistent with federal, state and local laws, the City of Chula Vista will safeguard from disclosure to third parties, any information that may reasonably be regarded as confidential business information. o ? I 0,-/ Date: This Disadvantaged Business Enterprises Program is accepted by: Gary 1. Vettese, P.E., District Local Assistance Engineer Date: J:\Engineer\DESIGN\DBE-D\04-05 Prog\dbeprogram04-05.doc November 25, 2003 Z-(Z Page 14 ~~f? ~~~ --~ ~-----~ ~.- """"...... CllY OF CHULA VISTA A TT ACHMENT 1 CITY OF CHULA VISTA ORGANIZATIONAL CHART (FY 04/05) Jack Griffin, Director of General Services ----+ Alex AI-Agha, City Engineer ----+ Matt Little, Project Development & Management ----+ Frank Rivera, Deputy City Engineer Samir Nuhaily, Senior Civil Engineer --.. Sandra Hernandez, DBE Liaison Officer, Assistant Engineer Greg Tscherch, EEO Officer Assistant Civil Engineer Roberto Solorzano, Labor Compliance Officer Assistant Engineer 2-/q (J:lEngineerlDESIGNlDBE-Dl04-05 ProglATTACHMENT l.doc) ..__..___....___,._,_,..___ ._ n____ A TT ACHMENT 2 DISADVANTAGED BUSINESS PROGRAM (DBE) FOR U.S. DOT FUNDED PROJECTS FOR THE CITY OF CHULA VISTA GOALS AND METHODOLOGY FY: 04/05 1. The number of available and willing DBE's in the San Diego area was obtained by using a database program, prepared by SANDAG, CALTRANS' California Uniform Certification Program (UCP) database and the total number of available and willing firms located in the San Diego County area that was obtained from the 2001 Census Bureau's County Business Pattern Database. Attachment 5 lists all the available DBE firms and includes all North American Industry Classification Systems (NAICS) Codes, formally known as Standard Industry Codes (SIC), used for the census data. Attachment 4 lists all the "DBE Classifications" (NAICS codes) used in Chula Vista. This list includes only those classifications, which were likely to be used on City of Chula Vista DOT assisted projects. 2. Step 1: Overall Goal Calculation (BASE PIGUREfDBE AVAILABILITY) Per our query of the CALTRANS' database (Attachment 5), there are 202 available DBE Firms that can perform various types of work likely to be used on City of Chula Vista DOT assisted projects and 5,256 total firms, per the "2001 Census", in San Diego available to perform the same work. This yields an initial Base Figure of3.8%. 202 Available DBE Firms /5,256 Available Firms in San Diego = 3.8 % (See end of Attachment 5, page 12) However, due to DBE Firms performing work in several different NAICS codes, and in various Work Categories, resulting in much duplication of many firms, the DBE availability can be shown in several ways. The exhibits break down the DBE's into all the various codes and categories, and availabilities. The most fair and equitable way to determine the DBE availability and which also gives a realistic DBE availability percentage is to compare the total number ofDBE's within each NAICS code against the total number of firms within that same NAICS Code. Our revised Base Figure is 6.18%. (325 DBE Firms divided by 5,256 total firms, based on summaries for each NAICS code) (See Attachment 6) 3. Past Performance - (See Table "DBE Participation in Federally Assisted Projects" (Attachment 3) The City of Chula Vista has a Bidder's List. The City of Chula Vista has not collected sufficient data to date for consideration in adjusting the base figure, however, the City of Chula Vista will continue to capture information from all bidders at the time of bid and/or proposal submission and will utilize such information in future goal-setting analysis. The City of Chula Vista is not aware of any current disparity studies within the City's jurisdiction for consideration in the goal-setting analysis and/or adjustment. (J:\Engineer\DESIGN\DBE-D\04-05 Prog\ATTACHMENT 2.doc) Page I of2 2-20 ,__.. . ." _..__"__.__...·.n _...._'·__0·__·······___·_ 4. Step 2: Overall Goal Adjustment For the period of October 1, 2004 to September 30, 2005, the City of Chula Vista expects to continue preliminary engineering design and environmental work on the Willow Street Bridge Replacement Project and award consultant contracts. The City will also begin construction on a Hazard Elimination Project at Second Avenue and "H" Street. Both projects will be DOT assisted. Based on the availability of DBE' s for each type of work (Shown on Attachment 6) on each project, a percentage of DBE participation was calculated for each project. The average DBE Participation Rate ofthe two projects is 5.7%. See the Table below. Project Project Name Projected DBE Project % of No. Amount Award Goals Goal STL-261 Willow Street Bridge $800,000 $51,360 5.7% 100% Replacement TF-311 Hazard Elimination Proiect $95,040 $0 0% 0% Totals $895,040 $51,360 5.7% 100% 5. The entire goal of (5.7%) is to be accomplished through race-conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City ofChula Vista's overall annual DBE goal. We will also utilize race-neutral methods to increase the DBE participation. This includes; making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance and other services to facilitate consideration ofDBEs and others small businesses. 6. In conformance with Public Participation Regulatory requirements of 49 CFR Part 26.45 and CALTRANS Local Assistance Procedures Manual (LAPM), Chapter 9, this goal analysis has been reviewed with minority, women, local business chambers, community organizations, and other U.S. DOT recipients. These entities are knowledgeable about the availability of disadvantaged and non-disadvantaged businesses and the effects of discrimination on contracting opportunities for DBE's within the Authority's marketplace. Additionally, the City ofChula Vista has published a Public Note in general circulation media, announcing the City of Chula Vista proposed overall annual goals for the FY 2004/2005 contracts assisted by FHW A Such Notice informed the public that the proposed goals and their rational were available for inspection at the City of Chula Vista during normal business hours for 30 days following the date of the Public Notice and, that the City ofChula Vista and FHW A will accept comments on the goals for 45 days from the date of the Public Notice. The required public participation provisions will be fully satisfied prior to submitting the City of Chula Vista's DBE Program and Overall Annual DBE Goal for Final Review and Approval. (J:\Engineer\DESIGN\DBE-D\04-05 Prog\ATT ACHMENT 2.doc) 2-2/ Page 2 of2 ATTACHMENT 3 CITY OF CHULA VISTA DBE Participation in Federally Assisted Projects Chula Vista's Proposed Overall DBE Goal (FY - 04/05) = 5.9% (Begins 10-01-04) FUTURE/CURRENT PROJECTS - (FY - 04/05) (Oct 2004 - Oct 2005) I CONTRACT AWARD INFO. Project Amount Federal DBE Project Goals ActualContraçt ACTUAL DBE %01 Actus! Pro NQ, Pro'eçl;Name FY-03l04 Contribution ("to) / Amount ($\ Date/Reao. Amount AWARD Contract % Willow Street Bridge ._.ê-D.Y.!.~D.!!!~D.~L ._ .._1~º.,ºº.Q.._. ._.._..'-ª.?.9.,.Qºº.~.... ...~ ................ ...!1:.:~g:.!'2 _ .._..__ .._...~~º,.1.~º .-...-...--...............-..- "'_n_._._n_.._u ._..._....h......_..._...._ .........-..-.....-... ..............-...-.. STL-261 Replacement Desian Phase $600,000 $480,000 * ($11,000,000) 6.50% $31200 (Total) Total $1,000,000 $800,000 .. 6.42% $51,360 $0 $0 Hazard Elimination .L~_Des¡gn ~l1Q9.... -- $2700 - __O.OO~ -----~ ------ ----.-.- 1---- --- ------ TF-311 al2nd and 'H'St Construction $102600 $92340 0.00% $0 Total $105,600 $95,040 "" $0 $0 TOTALS (FY-03l04) $1,105,800 $895,040 5.74% $51,380 Overall Goal 5.74% * 80% Fed Match - 90% Fed Match CURRENT UNDER CONSTRUCTION PROJECTS - (FY - 01102 . 03/04) (Oct 2001 - Oct 2004) Expected ACTUAL CONTRACT Projected Goal (~~~I Contract CONTRACT AWARD INFO. Actual DB' ACTUAL DB' %01 Actual Pro No. ProectName Amount Amount $ Amount AMOUNT Date/Re.o. Amount AWARD Contract % Olympic Parkwayl STM-328 J8051nterchange ...J;;2n~.!!::..~.!!!.... .._..._.H...._._...._... .·.._.._...._.._..._·H...H. ....._.._t.~&?~º'ª§ ...._._..t.!.M9..Q,'ººº ..-..- ...-....-.-...-...-...-.. _.._..._.._~!~.~.,ry.~ .._..._._.t~:!~1Z?2 .--...-...--.- . _.._. .1.:.!~L.. ($21,400,000) 10% tfedC011t\ (Totai) Total $22,000,000 $1,379,700 Apr-04 $146,779 $146,779 TF-309 Hazard ElimInation at 4th and Orange $90,000 $0 $54,000 $54,000 Oct..03 $0 $<) 0.0% 0.00% 10.8% '"-922 Palomar Street Imorovements $1,800,000 $194,400 $1,800,000 $2,168,930 2116103 $194,000 $19,915 10.8% 0.92% Traffic Signal Communl~on Links - 0%/ - ITF-290 C.V. & CalTrans SiDnals $470,000 $0.00 $400,000 $400,000 November, 2003 $<) $<) 0.0% 0.00% Totals/Average % $24,360,000 6.5% $2,254,000 $2,622,930 $340,779 $166,694 6.36% 6.36% .. Changed Goal to 0% after Design was completed. (Scope of work did not include work likely to be done by DBE) COMPLETED PROJECTS ACTUAL Overall City Contract CONTRACT CONTRACT AWARD ExMcted DBE ACTUAL OBI: %01 Actual Proj No. Project Name Goa' Amount AMOUNT INFO. DatelReso. Award AWARD Contract % PROJECTS AWARDED FY - 01/02 - (Oct 2001- Oct 2002) (Chula VIsta's Current OVerall DBE Goal (FY. 01/02) . 10,2%) 0%/ - 11/20/01 #2001- TF-283 Traffic Sianal UDlJrade Modifications $112,000 $0,00 $112,000 $95,100 389 $0 0.0% 0.0% PROJECTS AWARDED FY - 00/01 . (Oct 2000 - Oct 2001) (Chula Vista's Current OVerall DBE Goal (FY - 00(01) . 13.4%) Citywide Overlay ... 14.3%/ 04/24/01 #2001- STL-267 PrÕlect·(04·24-01\ $5805489 $856000 $5472000 $5743845 120 $118440 $149906 2.0% 2.61% Traffic Signal System Update 10 0%/ OS/29/01 TF-237 AdaDtive Svslem - (5129/01\ . $877000 $0.00 $328538 $328538 #2001- $0 $0 0.0% 0.0% Protective/Permissive Traffic Signal 7.7%/ - 08/07/01 TF·278/28 Modifications at 12 locations $313,816 $24,163.83 $270,003 $270,003 #2001-246 $0 $<) 0.0% 0.0% PROJECTS COMPLETED PRIOR (Chula Vista's Overall DBE Goal . 15V.) TO FY - 00/01 fFY - 97198 98199 99/001 MTDB Righi of Way Beautification 12/19/00 LD-106 Project-(07·25.oo) 15% $286,447.34 $286,447.34 #2000-265 $62,400.00 $84,176.22 21.8% 22.4% Traffic Signal Modifications at Various 07/29100 #2000 TF-234 locatioos·(07·25·00) 15% $191,280.00 $206,080.00 248 $0.00 $0.00 0.0% 0.0% Actual OVERALL PARTICIPATION $471,727.34 $492,527.34 $82,400.00 $64,176.22 13.06% 13,03% USING ALL PROJECTS $9,552,944 $380,776.22 3.99% SUMMARY OF RESULTS FROM (FY-97198, 98/99, 99/00, 00101, 01/02, & 02103) (USING ONLY PROJECTS $8,199,223 $380,776.22 4.&4% WITH GOALS) SUMMARY OF RESULTS FROM (USING ONLY PROJECTS $8,199.223 $380,776.22 4.64% (FY..97/98,98/99,99/00,00/01,02l03) WITH GOALS\ 2-22- (At! 3 (EXHIBIT A).xJs (07114/2004) -~'"~--" -,,---~~~-~._~_...__._.. ..",:<.:",:<.>:<,"«_",.>:",>:<.""-""-"",:",:<",>:",>:.:«,,,,,,:.,.:<_,:«.,.,,,,,,,,,,.,,,,,,,,_:.:<.".:««<-:«.:.:-;.""",,,,.:.:-;,,,.:.:«.:<,,,,.:,,,.x.,,,,«<.,>:.>:<.>:<.:«ò:,.>:,,,:".:<"'>:",-".x.."<"':<"':<<<<<'"N:,";',,<':-"""'x.:.,,.:.:-;.x.,.,",,'x.''''''':<<<",-'X<_.<-»:-:'»:':-;'''«<·''"<·''''',·:.:-;_»»,.,. DBE CLASSIFICATIONS USED IN CHULA VISTA Attachment 4 naics dba city phone 221310 Water Surmlv and Jrrization ,<;vstems 1 A. B. HASHMI LAKESIDE 619 706-5736 2 ACCURATE ENGINEERING_INTEGRATED CONST SERVICES INC SAN DIEGO 656 546-1769 3 AMERI-MEX PLUMBING, INC. CHULA VISTA 619 422-6996 4 HENDRICKSON CONSTRUCTION, INC. CATHEDRAL CITY 619 326-1747 5 METROPOLITAN CONSTRUCTION BONITA 619 475-5651 6 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-6033 237310 Hizhwav. Street. and Bridze Construction 1 A & P DRYWALL ESCONDIDO 760 745-6663 2 A AND T ELECTRIC SAN DIEGO 619 264-6344 3 ALONSO PAINTING SPRING VALLEY 619 660-5395 4 APOLLO PLUMBING AND HEATING CHULA VISTA 619 426-5755 5 ARNIE'S OOOR & INSTALLATlON,INC LA MESA 619 447-5560 6 AZTEC LANDSCAPING, INC LEMON GROVE 619 464-3303 7 BAY CITY MARINE, INC NATIONAL CITY 619 477-3991 6 BELL TILE SAN DIEGO 619 222-1315 9 BENDIX CONTRACTING CORPORATION SAN DIEGO 619 267-0900 10 BERT W SALAS, INC SANTEE 619 562-7711 11 C & K DRILLING, INC VALLEY CENTER 760 749-3960 12 C L ENTERPRISE JAMUL 619 669-5396 13 CALIFORNIA DIRT COMPANY SAN DIEGO 619 262-5921 14 CATS EXCAVATING, INC SAN DIEGO 619 264-4125 15 CECILIA'S SAFETY SERVICE, INC. DEL MAR 656 793-4465 16 CENTURION LANDSCAPE CONSTRUCTION EL CAJON 619 446-2245 17 COASTAL HEATING & AIR CONDITIONING OCEANSIDE 760 672-1053 16 COLLINS PAINTING SAN DIEGO 619 563-6143 19 CO'S TRAFFIC CONTROL, INC DEL MAR 656 259-0300 20 CYBER PAINTING CHULA VISTA 619 427-0967 21 D L S CONSTRUCTORS, INC. MURRIETA 760 940-6322 22 DEMOLITION CONTRACTORS INC. CHULA VISTA 619 427-4245 23 DYNADRILL INTERNATIONAL INCORPORATED OAK HILLS 760 244-6047 24 ELKEN CONTRACTING, INC LEMON GROVE 619 696-1166 25 FAMINIA CONSTRUCTION NATIONAL CITY 619 267-3440 26 GHASSAN CONSTRUCTION COMPANY OCEANSIDE 760 941-5639 27 GlM GENERAL ENGINEERING CONTRACTOR ENCINITAS 760 436-5670 26 GOLDEN WEST ELECTRIC SAN DIEGO 619 296-0255 29 GUTIERREZ CONSTRUCTION COMPANY HESPERIA 760 956-1252 30 HABITAT WEST, INC ESCONDIDO 760 735-9376 31 HAR CONSTRUCTION, INC. SAN DIEGO 619 325-599S 32 HENDRICKSON CONSTRUCTION, INC. CATHEDRAL CITY 619 328-1747 33 HUDSON SAFE-T-LlTE RENTALS SAN DIEGO 619 661-6160 34 HURRICANE & POWAY FENCE COMPANY RAMONA 760 769-4142 ________.._..____________________m____________.__m_ ______________mm______ __ _ ______.._..__.________.__________m._.___.m__.__m________ __._ _________...___.m_._________.__m___ _..m.__.______.___.______m__.m___ Wedllesday, July 14, 2004 Attachment 4 Pagel oj 8 2-23 -_._-_.._~ - -----_._._-~-_._-~---_._,_....._-~ naics dba city phone 35 HYDROSPROUT, INC. LAWN & SLOPE SEEDING ESCONDIDO 760 432-8233 36 INTERWEST PACIFIC, LTD. SOLANA BEACH 858 259-2062 37 J C ENVIRONMENTAL COMPANY, INC NATIONAL CITY 619 477-4416 38 J R PINA ASPHALT PAVING SAN MARCOS 760 746-7677 39 L C PAVING & SEALING SAN MARCOS 760 752-1743 40 METROPOLITAN CONSTRUCTION BONITA 619 475·5651 41 MISSION VALLEY LANOSCAPE CO., INC. SAN DIEGO 619 283-6521 42 MJC CONSTRUCTION CHULA VISTA 619 427-2570 43 MONICA CONSTRUCTION COMPANY LEMON GROVE 819 527-4818 44 NATIONAL GLASS & MIRROR SAN DIEGO 858 292-5651 45 NATIVE LANDSCAPE, INC. ESCONDIDO 760 735-8700 46 NORTH STATE SIGNS FALLBROOK 760 728-4587 47 NOVA ELECTRIC, INC. CHULA VISTA 619 425-0513 48 OAKCREST LANDSCAPE CO SAN OIEGO 619 448·9090 49 OLSEN STEEL, INC. EL CAJON 619 390-7700 50 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-8033 51 PACIFICA CONTRACTING, INC. SAN DIEGO 858 483-9988 52 PAYCO SPECIAL TIES, INCORPORATED CHULA VISTA 619 422-9204 53 PDI COATINGS POWAY 858 679-0742 54 PORTILLO CONCRETE LEMON GROVE 619 486-4639 55 PRECISION HEATING & AIR CONDITIONING INC. SPRING VALLEY 619 463-0357 56 R D H BACKHOE SAN DIEGO 619 572-1781 57 RAUL MENDOZA CONSTRUCTION, INC. LAKESIDE 619 390-5964 58 ROBERT ZALDIVAR MASONARY RAMONA 760 788-7581 59 ROBERTS ELECTRICAL CONTRACTOR SAN DIEGO 858 578-2729 60 ROMERO GENERAL CONSTRUCTION CORP. ESCONDIDO 760 489-8412 61 RUBIO'S CONCRETE CONSTRUCTION CHULA VISTA 619 424-6960 62 SAN DIEGO BAY AREA ELECTRIC, INC POWAY 858 748-2060 63 SAPPER CONSTRUCTION COMPANY SPRING VALLEY 619 465-7222 64 SCHEIDEL-CONTRACTING AND ENGINEERING, INC EL CAJON 619 593-8704 65 SIERRA ELECTRIC EL CAJON 619 287-5008 66 STAR PAVING CORPORATION SAN DIEGO 619 661-1612 67 STATEWIDE STRIPES, INC SAN DIEGO 858 560-6887 68 SUPER MARIO PORTABLE WELDING ESCONDIDO 760 839-9084 69 SYNERGY ELECTRIC COMPANY INC. SANTEE 619 596-7688 70 TRI-COUNTY DRILLING, INC SAN DIEGO 858 271-0099 71 TRUE CHAMPIONS CONSTRUCTION SAN DIEGO 619 276-6999 72 VALLEY FENCE COMPANY RIDGECREST 760 446-3100 73 VICTOR'S QUALITY PLASTERING SAN DIEGO 619 267-5911 74 WESTERN STEEL & METALS, INC SAN DIEGO 619 235-0171 237990 Other Heavv and Civil Em!ineerinf! ConstructIOn 1 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-8033 2 SCHEIDEL-CONTRACTING AND ENGINEERING, INC EL CAJON 619 593-8704 3 TRUE CHAMPIONS CONSTRUCTION SAN DIEGO 619 276-6999 238140 Masonrv (;ontractoys 1 DYNADRILL INTERNATIONAL INCORPORATED OAK HILLS 760 244-6047 __.m___________ ____.n________________________+n_n______________________________________________n______________._....n_____________________ _n_.n_____m_____m_________________________ _________.___. ..._._n___.__n__________ Wedne.,lÚly, Jltly 14, 1004 Attachment 4 Page 1 af8 Z-2.t-J naics dba city phone 2 HAR CONSTRUCTION, INC. SAN DIEGO 619 325-5995 3 I E PACIFIC, INC SAN DIEGO 619 671-5870 4 M L LITTLE BEAVER CONSTRUCTION INC BOULEVARD 619 766-4962 5 PRECISE CONSTRUCTION MANAGEMENT SAN DIEGO 858 792-8294 6 ROBERT ZALDIVAR MASONARY RAMONA 760 788-7581 7 TRUE CHAMPIONS CONSTRUCTION SAN DIEGO 819 276-6999 8 WILEY CONSTRUCTION OCEANSIDE 760 967-0982 2382 j 0 Electrical Contractors 1 A AND T ELECTRIC SAN DIEGO 619 264-8344 2 A. B. HASHMI LAKESIDE 619 708-5738 3 ACCURATE ENGINEERING_INTEGRATED CONST SERVICES INC SAN DIEGO 858 548-1789 4 ACME SAFETY & SUPPLY CO, LLC SAN DIEGO 619 299-5100 5 BENDIX CONTRACT IN G CORPORATION SAN DIEGO 619 287-0900 6 CALWEST ELECTRIC SAN DIEGO 619 284-9700 7 CASTRO ELECTRIC LAKESIDE 619 992-0037 8 CITY EVENT STAFF SERVICES SAN DIEGO 858 268-1983 9 FULLER ELECTRIC SAN DIEGO 619 276-5411 10 GOLDEN WEST ELECTRIC SAN DIEGO 619 298-0255 11 I E PACIFIC, INC SAN DIEGO 619 671-S870 12 M L LITTLE BEAVER CONSTRUCTION INC BOULEVARD 619 786-4962 13 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-8033 14 PACIFIC ELECTRONICS CHULA VISTA 619 248-2543 15 PACIFIC WEST BUILDERS BONITA 619 479-8379 16 PACIFICA CONTRACTING, INC. SAN DIEGO 858 483-9988 17 PRECISE CONSTRUCTION MANAGEMENT SAN DIEGO 858 792-6294 18 Q-TEC INC DEL MAR 858 259-3858 19 ROBERTS ELECTRICAL CONTRACTOR SAN DIEGO 858 578-2729 20 SAN DIEGO BAY AREA ELECTRIC, INC POWAY 858 748-2060 21 SOUTHBAY EDC, INC. BONITA 619 267-6881 22 SYNERGY ELECTRIC COMPANY INC. SANTEE 819 596-7688 23 THE EXIT LIGHT CO, INC SAN DIEGO 619 521-1275 238220 Plumbinf!, Heatinf!. and Air-Condilioninf! Contracto 1 ACCURATE ENGINEERINGJNTEGRATED CONST SERVICES INC SAN DIEGO 858 548-1789 2 ACTION CLEANING CORP SAN DIEGO 619 233-1881 3 AMERI-MEX PLUMBING, INC. CHULA VISTA 619 422-8996 4 COASTAL HEATING & AIR CONDITIONING OCEANSIDE 760 672-1053 5 COMFORT ZONE AIR CONDITIONING & HEATING SRVC INC SPRING VALLEY 619 660-9371 6 I E PACIFIC, INC SAN DIEGO 619 671-5870 7 M L LITTLE BEAVER CONSTRUCTION INC BOULEVARD 619 768-4962 8 PIPELINE PLUMBING AND MECHANICAL SAN DIEGO 858 535-9797 9 PRECISE CONSTRUCTION MANAGEMENT SAN DIEGO 858 792-6294 10 PRECISION HEATING & AIR CONDITIONING INC. SPRING VALLEY 619 483-0357 11 TEZA DESIGN LA MESA 619 485-8820 12 WESTERN BAY SHEET METAL & MARINE, INC SAN DIEGO 619 233-1753 238910 Site Preparation Contractors 1 A. B. HASHMI LAKESIDE 619 708-5738 ________m_________.______._ ___.__._n_nmnm_..n___n___ ____ _____________._ ________.__.__nn ._mmn.._.___.__m__._______mmm. __m._____.____________...._.__m_..m__.__.________n.__n.m._._.m__ Wedlle"dtly, filly 14" 1004 Attachment 4 Ptlge 30/8 2-2-5 -- -- --~ .-."._-_. .--_.,..._-------_.__.~ ......"-.. naics dba city phone 2 ACTION CLEANING CORP SAN DIEGO 619 233-1881 3 ALONSO CONSTRUCTION SPRING VALLEY 619 660-6258 4 8ERT W SALAS, INC SANTEE 619 562-7711 5 C & L CONSTRUCTION, INC ALPINE 619 659-3500 6 CALIFORNIA DIRT COMPANY SAN DIEGO 619 262-5921 7 CANTARINI TRACTOR FALLBROOK 760 728-1755 8 CATS EXCAVATING, INC SAN DIEGO 619 264-4125 9 CONTRERAS CONSTRUCTION CO. INDIO 760 347-6070 10 D L S CONSTRUCTORS, INC. MURRIETA 760 940-6322 11 OEMOLlTION CONTRACTORS INC. CHULA VISTA 619 427-4245 12 ESTRADAS CONTRACTING SERVICES SPRING VALLEY 619 464-4320 13 GHASSAN CONSTRUCTION COMPANY OCEANSIDE 760 941-5B39 14 81M GENERAL ENGINEERING CONTRACTOR ENCINITAS 760 436-5870 15 GUTIERREZ CONSTRUCTION COMPANY HESPERIA 760 956-1252 16 HENDRICKSON CONSTRUCTION, INC. CATHEDRAL CITY 619 328-1747 17 I E PACIFIC, INC SAN DIEGO 619 671-5870 18 INTERWEST PACIFIC, LTD. SOLANA BEACH 85B 259-2062 19 J. F. TEJEDA COMPANY EL CAJON 619 561-2277 20 LORI R. LOVETT, GENERAL ENGINEERING CONTRACTING WRIGHTWOOD 760 249-5428 21 METROPOLITAN CONSTRUCTION BONITA 619 475-5651 22 MJC CONSTRUCTION CHULA VISTA 619 427-2570 23 NOVA ELECTRIC, INC. CHULA VISTA 619 425-0513 24 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-8033 25 P. A. WILSON EL CAJON 619 440-6644 26 PACIFICA CONTRACTING, INC. SAN DIEGO B58 483-9988 27 R D H BACKHOE SAN DIEGO 619 572-1781 28 ROBERTS ELECTRICAL CONTRACTOR SAN DIEGO 858 578-2729 29 ROMERO GENERAL CONSTRUCTION CORP. ESCONDIDO 760 489-8412 30 SCHEIDEL-CONTRACTING AND ENGINEERING, INC EL CAJON 619 593-8704 31 SIM ENGINEERING INC. FALLBROOK 760 731-6125 32 STAR PAVING CORPORATION SAN DIEGO 619 661-1612 33 SUNSHINE DEVELOPMENT EL CENTRO 760 353-6388 34 WILEY CONSTRUCTION OCEANSIDE 760 967-0982 _________nn_______________________________________________.___________________________+_.m.nn__nnm________________________m______._..+n._n_______________nm_n___nn_n_n_m_______n___nn____n________n_________ 327332 Concrete Pive J.,fanllfaclllrinz 1 C & L CONSTRUCTION, INC ALPINE 619 659-3500 2 D L S CONSTRUCTORS, INC. MURRIETA 760 940-6322 3 MIS LOPEZ ENTERPRISE SAN OIEGO 619 696-9565 444190 Other ßuildinf! Material Dealers 1 ABURTO MARINE & INDUSTRIAL SUPPLY SAN DIEGO 619 220-0719 2 AFRICANA LEMON GROVE 619 248-2355 484IJO General Freizhl Truckinz, Local 1 ACTION CLEANING CORP SAN DIEGO 619 233-1881 2 BURNS AND SONS TRUCKING, INC SPRING VALLEY 619 460-5394 3 CALIFORNIA DIRT COMPANY SAN DIEGO 619 262-5921 4 CANTARINI TRACTOR FALLBROOK 760 728-1755 5 GEORGE ALVARADO TRUCKING CALEXICO 760 357-1550 ..____mnnn___nn___n_________________________________________m___n_______________mm________________mmm _________+-____.____n_n__n __________________._ __.. ____m __m___m.______m_______m___ ¡'Vetlne.vday, fitly 14, 21104 Attachment 4 Page 4 of8 2-U naics dba city phone 6 MC LEOD TRUCKING EL CAJON 619 442-9328 7 NOLBERTO DOMINGUEZ TRUCKING BRAWLEY 760 344-1817 8 PEPPER TRUCKING INC RAMONA 760 788-7864 9 STEPHENS TRUCKING HESPERIA 760 956-3565 10 WELK TRUCKING, INC. EL CAJON 619 562-1512 532120 Truck, Utilitv Trailer, and RV (Recreational Vehicle) 1 CALIFORNIA DIRT COMPANY SAN DIEGO 619 262-5921 2 GEORGE ALVARADO TRUCKING CALEXICO 760 357-1550 3 HERNANDEZ TRUCKING EL CENTRO 760 353-4527 4 NOLBERTO DOMINGUEZ TRUCKING BRAWLEY 760 344-1817 5 PEPPER TRUCKING INC RAMONA 760 788-7854 6 SMITH TRUCKING COMPANY HESPERIA 760 244-2560 7 WELK TRUCKING, INC. EL CAJON 619 562-1512 532412 Construction, Mininl!. and Forestrv Machinerv and 1 BURNS AND SONS TRUCKING, INC SPRING VALLEY 619 450-5394 2 CALIFORNIA DIRT COMPANY SAN DIEGO 619 262-5921 3 CANTARINI TRACTOR FALLBROOK 760 728-1755 4 GUTIERREZ CONSTRUCTION COMPANY HESPERIA 760 9S6-1252 5 JOHN'S EQUIPMENT RENTAL LAKESIDE 619 561-8129 6 PACIFICA CONTRACTING, INC. SAN DIEGO 858 483-9988 7 SIM ENGINEERING INC. FALLBROOK 760 731-6125 541310 Architectural Services 1 PLATTIWHITELAW ARCHITECTS, INC SAN DIEGO 619 546-4326 2 RODRIGUEZ PARK SAN DIEGO 858 450-1003 3 SAFDIE RABINES ARCHITECTS SAN DIEGO 619 297-6153 541320 Land~caf)e Architectural Services 1 ESTRADA & EDAW PARTNERSHIP SAN DIEGO 619 236-8443 2 ESTRADA LAND PLANNING, INC. SAN DIEGO 619 236-0143 3 GARBINI & GARBINI LANDSCAPE ARCHITECTURE SAN DIEGO 619 232-4747 4 MARUM PARTNERS INC SAN DIEGO 619 325-2992 5 PARTERRE SAN DIEGO 619 296-3713 6 TESHIMA DESIGN GROUP SAN DIEGO 858 693-8824 541330 F;n¥ineerinç¿ Services 1 ADVANCED INFRASTRUCTURE SYSTEMS LA MESA 619 447-5380 2 AGUIRRE & ASSOCIATES LA MESA 619 464-6978 3 AMERICAN CONCURRENT ENGINEERING SERVICES CHULA VISTA 619 491-4168 4 AURORA INDUSTRIAL HYGIENE, LLC SAN DIEGO 619 276-5901 5 BIZBEES WARRIORS, INC. SAN DIEGO 619 997-5492 6 D R V DESIGN SAN DIEGO 858 592-8829 7 DYNAMIC SAN DIEGO 858 578-8488 8 EPIC CONSULTING ENGINEERS SAN DIEGO 858 565-4185 9 ERB ENGINEERING, INC. POWAY 858 748-2130 10 EROSION CONTROL SPECIALISTS JAMUL 619 588-9971 11 ESKINDER BERHANU & ASSOCIATES SAN DIEGO 858 569-D390 12 ESTRADA & EDAW PARTNERSHIP SAN DIEGO 619 236-8443 13 G2D RESOURCES, LLC SAN DIEGO 858 213-4030 _____u____________________________________u_______________________________m________________m_.__________m_.______.._ mm___mm_____m__m__m______________. ____ _____________m____m_________________._ __.___ Wedlle,day, Jaly 14, 1004 Attachment 4 PIIge 511f8 2-2-7 ---,_._-,---_._~~~_.,_._._"- --. - naics dba city phone 14 GARY ENGINEERING, INC. SAN DIEGO 619 483-0620 15 GSSI ENGINEERS SAN DIEGO 619 687-3814 16 HERITAGE RESOURCES RAMONA 760 789-8509 17 HON CONSULTING INC SAN DIEGO 619 294-8990 18 HUMAN SYSTEMS DEVELOPMENT POWAY 858 254-9086 19 HUNTER PACIFIC GROUP SAN DIEGO 619 232-2321 20 HVAC ENGINEERING,INC. SAN DIEGO 858 569-6591 21 INFRASTRUCTURE ENGINEERING CORPORATION SAN DIEGO 858 451-6704 22 IR2 - INTERIOR RESOURCE, INC SAN DIEGO 619 231-8797 23 ISAACSON PLANNING SAN DIEGO 619 582-3117 24 J.E. MALDONADO ARCHITECT SAN DIEGO 619 298-2340 25 JCI SERVICES, INC SAN DIEGO 858 270-9567 26 JOSE CARLOS ROMERO, CIVIL ENGINEER AND LAND SURVEY CALEXICO 760 357-1757 27 L K S & ASSOCIATES SAN DIEGO 858 530-9988 28 LANDMARK CONSULTANTS, INC EL CENTRO 760 370-3000 29 LEPORE CONSULTING DEL MAR 858 259-1062 30 LIBBY ENGINEERS, INC SAN DIEGO 619 280-3907 31 LINTVEDT, MCCOLL & ASSOCIATES SAN DIEGO 619 294-4440 32 LOPEZ ENGINEERING INC SAN DIEGO 619 275-5658 33 MEDLIN & ASSOCIATES CARLSBAD 760 930-6515 34 MORAES/PHAM & ASSOCIATES CARLSBAD 760 431-7177 35 ONAKA PLANNING & ECONOMICS LA JOLLA 858 535-1420 36 PARAS & ASSOCIATES BONSALL 760 630-2039 37 PARTERRE SAN DIEGO 619 296-3713 38 PROFESSIONAL CONSULTING GROUP LA MESA 619 660-1355 39 Q & S ENGINEERING ESCONDIDO 760 480-9972 40 Q-TEC INC DEL MAR 858 259-3858 41 R B K A SAN DIEGO 858 496-0500 42 RICHARD BRADY & ASSOCIATES SAN DIEGO 858 496-0500 43 SAN DIEGO BAY AREA ELECTRIC, INC POWAY 858 748-2060 44 SAN DIEGO PUMP & COMPRESSOR SUPPLY NATIONAL CITY 619 474-0843 45 SCIENTIFIC RESOURCES ASSOCIATED SAN DIEGO 858 488-2987 46 SIMON WONG ENGINEERING SAN DIEGO 858 566-3113 47 SOTA ENVIRONMENTAL TECHNOLOGY, INC. SAN DIEGO 858 485-8100 48 SOUTHLAND GEOTECHNICAL CONSULTANTS EL CAJON 619 442-8022 49 SUSAN HECTOR CONSULTING SAN DIEGO 619 501-6005 50 TEZA DESIGN LA MESA 619 465-8820 51 THE ENGINEERING PARTNERS, INC. SAN DIEGO 858 52 TIERRA ENVIRONMENTAL SERVICES, INC SAN DIEGO 858 578-9064 53 TRAN CONSULTING ENGINEERS SAN DIEGO 619 275-5878 54 UNIVERSAL STRUCTURES SOLANO BEACH 858 259-6122 55 VERA BERGER, PH.D.,P.E. SAN DIEGO 619 484-1952 56 VERIFAX CONSULTING INCORPORATED ESCONDIDO 760 839-1459 57 WEST CONSULTANTS, INC SAN DIEGO 858 487-9378 58 ZAGRODNIK & THOMAS ARCHITECTS SAN DIEGO 619 526-1199 ---------~---------------~----- -.-. . 541340 Draffin!! Services m__..__ _._.._._,·....__...n.__m.._...........___...........____.______.___m.____________________________ __.__.__. .__._.m__.m.____...__.__...m_______m_ ._.............m___._........m.__m......__m.____....____.._...__. Wednesday, July 14, 2004 Attachment 4 Page 6 ,,1,1 2-2'6 naics dba ci~V phone 1 AMERICAN CONCURRENT ENGINEERING SERVICES CHULA VISTA 619 491-4168 2 CRUZ ESTRELLA'S CADO & DRAFTING SAN DIEGO 619 264-5326 3 DC DESIGN GROUP SAN DIEGO 858 547-1011 4 D R V DESIGN SAN DIEGO 858 592-8829 5 D-S-P, DESKTOP SOLUTIONS PLUS SAN MARCOS 760 734-4800 6 ERB ENGINEERING, INC, POWAY 858 748-2130 7 G2D RESOURCES, LLC SAN DIEGO 858 213-4030 8 IR2 -INTERIOR RESOURCE, INC SAN DIEGO 619 231-8797 9 JCI SERVICES, INC SAN DIEGO 858 270-9567 10 JOSE CARLOS ROMERO, CIVIL ENGINEER AND LAND SURVEY CALEXICO 760 357-1757 11 MANUEL ONCINA ARCHITECT,INC LA JOLLA 858 459-1221 12 MORAES/PHAM & ASSOCIATES CARLSBAD 780 431-7177 13 PARAS & ASSOCIATES BONSALL 780 630-2039 14 PARTERRE SAN DIEGO 619 296-3713 15 RODRIGUEZ PARK SAN DIEGO 858 450-1003 16 SAFDIE RABINES ARCHITECTS SAN DIEGO 619 297-6153 17 TEZA DESIGN LA MESA 619 465-8820 ._____m___________._____________.________.____._____m___________________mm_m_____m__mmmm__.m__m__._.___m.m.__.______m..__________.________.__._________._____m__m._____..___._mmm.________________m_mn__nm__ 541370 Survevinf! and Mappinf! (excevl GeovhvsÍca/) ServÍc 1 AGUIRRE & ASSOCIATES LA MESA 619 484-6978 2 BERGGREN LAND SURVEYING & MAPPING INC SAN DIEGO 858 824-0034 3 DYE SURVEYING, INC. LA MESA 619 697-9234 4 ERB ENGINEERING, INC. POWAY 858 748-2130 5 JOSE CARLOS ROMERO, CIVIL ENGINEER AND LAND SURVEY CALEXICO 760 357-1757 6 LlNTVEDT, MCCOLL & ASSOCIATES SAN DIEGO 619 294-4440 _________________________________________.__________________________________________._______._______.____________.m..______________._m_______m__m__n_____________.____..__.__.___________________________ 541380 Testinf! Laboratories 1 AGRI SERVICE VISTA 780 643-4041 2 AURORA INDUSTRIAL HYGIENE, LLC SAN DIEGO 619 276-5901 3 DRUG TESTING NETWORK VISTA 760 940-2015 4 HERITAGE RESOURCES RAMONA 760 789-8509 5 LABORATORY DATA CONSULTANTS CARLSBAD 760 634-0437 6 TESTING SERVICES & INSPECTION, INC SAN DIEGO 619 234-9904 __________ ._____ __nm_____________________n______..__._.._..____________mmm__mm_.m__.mm_______.__.mmm.__._____.___.__._____._.m.__.__.__.__.__m_.m_______._______n_._n__._.._._...._._.______.__m_____.._.__..__m 541620 Environmental Consultinf! Services 1 AGUIRRE & ASSOCIATES LA MESA 619 484-6978 2 BERGGREN LAND SURVEYING & MAPPING INC SAN DIEGO 858 824-0034 3 C I C RESEARCH, INC SAN DIEGO 858 637-4000 4 JNE & ASSOCIATES SAN DIEGO 619 222-0015 5 MARQUEZ & ASSOCIATES BIOLOGICAL CONSULTANTS ENCINITAS 760 633-3066 6 TRAN CONSULTING ENGINEERS SAN DIEGO 619 275-5878 ___________mm_________________________________________.___m__mn__ __.____________________mm__mmm________mm_mmmm_mm___m___________n___.___ ____________.____________________o_..o·_·_._________mm_____.___m 541690 Other Scientific and Technical Consultinf! Services 1 ABC SEATING LUCERNE VALLEY 780 247-7347 2 ABURTO MARINE & INDUSTRIAL SUPPLY SAN DIEGO 619 220-0719 3 ACME SAFETY & SUPPLY CO, LLC SAN DIEGO 619 299-5100 4 AGRI SERVICE VISTA 760 643-4041 5 AURORA INDUSTRIAL HYGIENE, LLC SAN DIEGO 619 278-5901 6 AZTEC LANDSCAPING, INC LEMON GROVE 619 484-3303 7 C I C RESEARCH, INC SAN DIEGO 858 637-4000 ___________________________________________________.__________m_______. ____._ .___m_____________mm_____.__mm___________.___mm__._______________m_________________._______________________________ .__.___._____.__________ Wedue.,dtly, July 14, 1004 Attachment 4 Ptlge 70/8 2-29 ----.--- ,--------,,----~._. --- ------~.__. naics dba city phone 8 CLASSIC DOOR & GLASS SAN MARCOS 760 744-4157 9 DAY AND NIGHT POWER SWEEPING SAN DIEGO 858 874-0060 10 D'LEON & ASSOCIATES INC SAN DIEGO 619 696-0031 11 EROSION CONTROL SPECIALISTS JAMUL 619 588-9971 12 ESA MANAGEMENT & ENGINEERING CONSULTANTS SAN DIEGO 858 578-3695 13 ESTRADA & EDAW PARTNERSHIP SAN DIEGO 619 236-8443 14 HIGH-TECH ULTRASONIC CLEANING & RESTORATION SERVIC CHULA VISTA 619 264-3282 15 LANDMARKCONSULTANTS,INC EL CENTRO 760 370-3000 16 LIBBY ENGINEERS, INC SAN DIEGO 619 280-3907 17 MEDLIN & ASSOCIATES CARLS BAD 760 930-6515 18 MISSION VALLEY LANDSCAPE CO., INC. SAN DIEGO 619 283-6S21 19 MORAES/PHAM & ASSOCIATES CARLSBAD 760 431-7177 20 NATIVE LANDSCAPE,INC. ESCONDIDO 760 735-8700 21 ONAKA PLANNING & ECONOMICS LA JOLLA 858 535-1420 22 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-8033 23 Q & S ENGINEERING ESCONDIDO 760 480-9972 24 R B KA SAN DIEGO 858 496-0500 25 RICHARD BRAOY & ASSOCIATES SAN OIEGO 858 496-0500 26 SIMON WONG ENGINEERING SAN DIEGO 858 566-3113 27 SOTA ENVIRONMENTAL TECHNOLOGY, INC. SAN DIEGO 858 485-8100 28 TECHNOLOGY MANAGEMENT,INC. SAN DIEGO 619 298-7877 29 TELEPHONE JACKS OCEANSIDE 760 758-3742 30 TRAN CONSULTING ENGINEERS SAN DIEGO 619 275-5878 31 UNIVERSAL STRUCTURES SOLANO BEACH 858 259-6122 32 WEST CONSULTANTS, INC SAN DIEGO 858 487-9378 561730 LandscalJinf! Services 1 HYDROSPROUT, INC. LAWN & SLOPE SEEDING ESCONDIDO 760 432-8233 2 OROPEZA CONSTRUCTION, INC. SAN DIEGO 619 575-8033 ..m..... _..._____..__..m____..__....___.__.._..._.. ...___..............____..___.___...._.__.....mm.... _._____ __"................__..._.....__.. .._...__.__. .__._....__...m___.. m.._________...________..__.__________..._......... Wewle.fday, Jll-ly 14, 2004 Attachment 4 Page 8 ~f8 2-30 .·.W.W.W~·-'-',,",'W.W.....W.W.....~·.W...W.....W.....·N.·.W.W.WNW.........·.·.W.·.....·.·~..·.....W.-..W.W.W..""'W~W.....·.....·......WW"'W.·.....,·.·...W.W.W.........".."..·~....,,·.·.,,·"W~·.,,~,,~·....."'·m.,'w-'-'·N.·.W~W..·..~W.,W.·.....w.......w...w...w~w...w..... AVAILABLE DBE FIRMS ATTACHMENT 5 dba naics description / A & P DRYWALL 237310 Highway, Street, and Bridge Construction 2 A AND T ELECTRiC 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors 3 ABC SEATING 541690 Other Scientific and Technical Consulting Services 4 A. B HASHi'vfI 221310 Water Supply and Irrigation Systems 238210 Electrical Contractors 238910 Site Preparation Contractors 5 ABURTO MARINE & INDUSTRIAL SUPPLY 444190 Other Building Material Dealers 541690 Other Scientific and Technical Consulting Services 6 ACCURATE ENGINEERING INTEGR4TED 221310 Water Supply and Irrigation Systems 238210 Electrical Contractors 238220 Plumbing, Heating, and Air-Conditioning Contractors 7 ACME SAFETY & SUPPLY CO, LLC 238210 Electrical Contractors 541690 Other Scientific and Technical Consulting Services __._n_n .__00___________.._00_._00.......____00.0000_00........ ..._._....... .._... n.n........n.____________.............................m... ......m......m..................... ......._.___.._...00.... 8 ACTION CLEANING CORP 238220 Plumbing, Heating, and Air-Conditioning Contractors 238910 Site Preparation Contractors 484110 General Freight Trucking, Local ______........._.._...._..___..____....___.._...........___...___._..._..____.._n___............_______......m____...m_....._m_.__.._m.._..m_....._.._.......m.._...........m___..________..___.._........ 9 ADVANCED INFRASTRUCTURE SYSTEMS 541330 Engineering Services - 10 AFRICANA 444190 Other Building Material Dealers 11 AGRi SERVICE 541380 Testing laboratories 541690 Other Scientific and Technical Consulting Services 12 AGUIRRE & ASSOCIATES 541330 Engineering Services 541370 Surveying and Mapping (except Geophysical) 5ervices 541620 Environmental Consulting Services 13 ALONSO CONSTRUCTION 238910 Site Preparation Contractors 14 ALONSO PAINTING 237310 Highway, Street, and Bridge Construction ...__._..00__0000______.......00..___00___00......__00..__.__..._. __.......___.m.... __.. ..........m...m _._____.._.____.____.____ __.__._____.._.................. "'''___00 ...._.__........m............ /5 AMERICAN CONCURRENT ENGINEEJUNG 541330 Engineering Services J'Vedne3'day, JuLy 14, 20 ATTACHMENT 5 2-3/ Page 1 of 12 - _.- - - _.,,-,-, ~...._--,.__._......__....._.._---_..-..._._--- dba naics description 541340 Drafting Services 16 AMERI-MEX PLUMBING. INC 221310 Water Supply and Irrigation Systems 221310 Water Supply and Irrigation Systems 238220 Plumbing, Heating, and Air-Conditioning Contractors 238220 Plumbing, Heating, and Air-Conditioning Contractors 17 APOLLO PLUMBING AND HEATING 237310 Highway, Street, and Bridge Construction 18 ARNIE'S DOOR & INSTALLATION.INC 237310 Highway, Street, and Bridge Construction .-------------.~---------.--.------.---------------------------------------------.______________________ _._.___mm_______________ ______._______________________________m________________ _~_______ /9 AURORA INDUSTRIAL HYGIENE. LLC 541330 Engineering Services 541380 Testing Laboratories 541690 Other Scientific and Technical Consulting Services ___..___+____ mm_._____..._____.____._______..._.__....___ .__..._._ ...m___m__.m_mm....__.___.___m_________._______.._.______.______..__....______.__.____m..__...........m_.. __..___._._._.__ 20 AZTEC lANDSCAPING, INC 237310 Highway, Street, and Bridge Construction 541690 Other Scientific and Technical Consulting Services .u....._____. .._m_____.__________.__._________._...u......_mmm._ _____. .....______.____________mm..._..________________._____.._...__....u. _..__.___. __._....____n _m___.____m______.__... 21 BAY CITY MARINE, INC 237310 Highway, Street, and Bridge Construction 22 BELL 1'ILE 237310 Highway, Street, and Bridge Construction 23 BENDIX CONTRACTING CORPORATION 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors 24 BERGGREN LAND SURVEYING & MAPPIN 541370 Surveying and Mapping (except Geophysical) Services S41620 Environmental Consulting Services 25 BERT W SALAS, INC 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 26 BIZBEES ·WARRiORS. INC 541330 Engineering Services ...._...___.._ _.__m__._.__._._____umu._._____u_______mu.u.u.___u__...._._____ m_____________________.__..u.u.._____.._._ _____...___ ..._m__.__.._m____m__m____._____.__.m....___...__..___... 27 BURNS AND SONS TRUCKING, INC 484110 General Freight Trucking, Local 532412 Construction, Mining, and Forestry Machinery and Equipment Ren .____u_..__~__________ . ._~----_._-~-_._- 28 C & K DRlLLING. lNC 237310 Highway, Street, and Bridge Construction 29 C & L CONSTRUCTiON. INC 238910 Site Preparation Contractors 327332 Concrete Pipe Manufacturing 30 C I C RESEARCH. INC 541620 Environmental Consulting Services 541690 Other Scientific and Technical Consulting Services 31 C L ENTERPRISE 237310 Highway, Street, and Bridge Construction 32 CALIF'ORN1A DIRT COMPANY Wed"esrkly, July 14, 20 ATTACHMENT 5 2-32. Page 2 of 12 dba naics description 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 484110 General Freight Trucking, Local 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 532412 Construction, Mining, and Forestry Machinery and Equipment Ren ------ ------------ 33 CALWEST E1ECTRlC 238210 Electrical Contractors 238210 Electrical Contractors 34 CANTARlNI TRACTOR 238910 Site Preparation Contractors 484110 General Freight Trucking, Local 532412 Construction, Mining, and Forestry Machinery and Equipment Ren 35 CASTRO ELECTRlC 238210 Electrical Contractors 36 CA 1;5' EXCA VA TlNG, INC 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 37 CECILIA'S SAFETY SERVICE, INC. 237310 Highway, Street, and Bridge Construction _____________________________________..____._____________________________.__.._._________m____________________________________________________________________....________________________________ 38 CENTURION LANDSCAPE CONSTRUCTIO 237310 Highway, Street, and Bridge Construction 39 cn'Y EVENT STAFF' SERVICES 238210 Electrical Contractors --------- ------------ 40 CLASSIC DOOR & GLASS 541690 Other Scientific and Technical Consulting Services 41 COASTAL HEATING & AIR CONDITIONING 237310 Highway, Street, and Bridge Construction 238220 Plumbing, Heating, and Air-Conditioning Contractors 42 COLLINS PAINï1NG 237310 Highway, Street, and Bridge Construction 43 COMFORT ZONE AIR CONDI110NING & H 238220 Plumbing, Heating, and Air-Conditioning Contractors _..__..__._________..__________________________..._.___________________.._._.___..____.__._________________________________n.___n__.___.____________m______n_.__._m..m.__.m____._____._ 44 CONTRERAS CONSTRUCTION CO. 238910 Site Preparation Contractors 45 CO'S TRAf<r-1C CONTROL, INC 237310 Highway, Street, and Bridge Construction 46 CRUZ ESTRELLA'S CADD & DRAFTING 541340 Drafting Services 47 CYEER PAINTING 237310 Highway, Street, and Bridge Construction 48 D C DESIGN GROUP 541340 Drafting Services .__.____m____mnnm_._ ....______._.____.__n___n_. __.____________________n _____. m.._______m._m.__.._._____.._..._nn_..__ .._....._.__.._m__ ._..___m...m._._n_.__. ..______m.___._. 49 D L S CONSTRUCTORS, INC 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 327332 Concrete Pipe Manufacturing WedlJesday, July 14, 20 ATTACHMENT 5 2--33 Page 3 af 11 -.-.-. "_._.."._ u__m'_"u ____...____ _._ __~_._______.___m___ dba naics description 50 DR V DESIGN 541330 Engineering Services 541340 Drafting Services 51 DAY AND NIGHT POWER SWE'EPING 541690 Other Scientific and Technical Consulting Services __..__________m ~·_______.____._.____m_____.____._____..___________________....____n___________________ _..____n_..______..._ _ ________________________ _ ___.__..___._________m___ ____.___________________ 52 DEMOLITION CONTRACTORS INe. 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors -----------------------.-------------------------______.___·__________________·__..·________________________..m__________.__.__________________________._____________________________________________._ 53 D'LEON & ASSOCIATES INC 541690 Other Scientific and Technical Consulting Services 54 DRUG TESTING NETWORK 541380 Testing Laboratories 55 D-S-P, DESKTOP SOLUTIONS PLUS 541340 Drafting Services 56 DYE SURVEYING, INe. 541370 Surveying and Mapping (except Geophysical) Services 57 DYN4DRILL INTERNATlONAL INCORPOR 237310 Highway, Street, and Bridge Construction 238140 Masonry Contractors -------------------.-------.----.------ --. ---... .mmm___.__.__.___m__ __..__.m__._..__ ___..._......__.__.___ "___.__.m..m.__m__.___ .__._........___...__m.__m._______ _.....__.mm_______.._.. 58 DYNAMIC 541330 Engineering Services ---.------.---------- _......_m____·________________...._.......m_.mm...______ __.m_..m.m__.____.___._.....____.__.________.....__.._.____.._.___________._ _..mmm____.____.m_________._.........__.. 59 ELKEN CONTRACTING, INC 237310 Highway, Street, and Bridge Construction .--- 60 EPIC CONSULTING ENGINEERS 541330 Engineering Services 6/ ERB ENGINEERING, INC 541330 Engineering Services 541340 Drafting Services 541370 Surveying and Mapping (except Geophysical) Services 62 EROSION CONTROL SPECIALISTS 541330 Engineering Services 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services 541690 Other Scientific and Technical Consulting Services 63 ESA MANAGEMENT & ENGINEERING CON 541890 Other Scientific and Technical Consulting Services 64 ESKINDER BERH4NU & A5S0CIA TES 541330 Engineering Services ·__·_________.__.m.________.__________.....__________.______.___________m___.__.__.__._m...m__m.______.______....m_..mm___m_____.__. .._.._...... .______m..._.___mm_________.____.____.__ __.._.nm 65 ESTRADA & EDAW PARTNERSHIP 541320 Landscape Architectural Services 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services .------ __·_·________________···........._._.________m_______________m_____.__.__.__.__________________.___._...______m___________.___....__...._..m_____.__._.._m__mm__.___________________ _"_"_.m 66 ESTRADA LAND PLANNING, INe. 541320 Landscape Architectural Services 67 ESTRADAS CONTRAC71NG SERVICES Wednesday, July 14, 20 ATTACHMENT 5 2 -3Lf Puge 4 of 12 dba naics description 238910 Site Preparation Contractors 68 FAMINIA CONSTRUCTION 237310 Highway, Street, and Bridge Construction 69 FULLER ELECTRIC 238210 Eiectrical Contractors _~_'__n.__.___n_______________________________n____'__"'___._.________..._..._.__.________________________________________________.___....._.__+__.m____________+.___m________nm______om 70 GlD RESOURCES liC 541330 Engineering Services 541340 Drafting Services __n_____________________________.__.. __.._________ ____m_m___m___________m______m___..._________ ________._ ......___.________..________.._ ._______._____.._______.__________________m_____...___... 71 GARBINI & GARBINI LANDSCAPE ARCHIT 541320 Landscape Architectural Services 72 GARY ENGINEERING. INC 541330 Engineering Services 73 GEORGE ALVARADO TRUCKING 484110 General Freight Trucking, Local 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 74 GHASSAN CONSTRUCTION COMPANY 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 75 GIM GENl<.lIAL ENGINEERING CONTRACT 237310 Highway, Street, and Bridge Construction 238910 Sitè Preparation Contractors 76 GOLDEN WEST EïÆCTRIC 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors __________________________________.___.____._____________________..__....______________________________________u_m__00___00__ 00___________ ________uu_m___m____________._____.________________________.""_..__ 77 GSS1 ENGINEERS 541330 Engineering Services 541330 Engineering Services _00.00..__00___0000_00 u_mu.u.________m_______.__.____mm____.__.. . un._ .____ .mu__muu__ __. ___. ._ _.m_._.mmmmum_____________m__________ mm___._..... _+___._00 78 GUTIERREZ CONSTRUCTION COMPANY 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 532412 Construction, -Mining, and Forestry Machinery and Equipment Ren ...__..__..___..___.______________.._.........._m__.________________________m_____m.____m.__._____.._..___________.______m___""___.._._._____..________00__.__.___________________________..___.+___ 79 HABITAT WEST, INC 237310 Highway, Street, and Bridge Construction .----- 80 HAR CONSTRUCTION, INC 237310 Highway, Street, and Bridge Construction 238140 Masonry Contractors 8/ HENDRICKSON CONSTRUCTION, INC 221310 Water Supply and Irrigation Systems 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 82 HERITAGE RESOURCES 541330 Engineering Services 541380 Testing Laboratories 83 HERNANDEZ TRUCKING 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 84 HIGH-TECH ULTR4S0NIC CLEANING & R Wednesday, July 14, 20 ATTACHMENT 5 2-35 Page 5 of 12 "------ - - - - ------------+------- dba naies description 541690 other Scientific and Technical Consulting Services R5 HON CONSULTING INC 541330 Engineering Services 86 HUDSON SAFE-T-LITE REN'lALS 237310 Highway, Street, and Bridge Construction __________________ _________ ____n_n__._..____mm_____mm____m___m________________m_ ____.___o'__.________m______________ ___..______________________________.______________________________ 87 HUMAN SYSTEMS DEVELOPMENT 541330 Engineering Services __..__________ "__._________._____________________.m._______________________________._______<___.m_____________.m________ _._n_n____________________________m_________________________........___ 88 HUNTER PACIFIC GROUP 541330 Engineering Services 89 HURRICANE & POWAY FENCE; COMPANY 237310 Highway, Street, and Bridge Construction 90 HVAC ENGINEERING,INC 541330 Engineering Services 91 HYDROSPROUT. INC. LAWN & SLOPE SEE 237310 Highway, Street, and Bridge Construction 561730 Landscaping Services 92 IE PACIF1C, INC 238140 Masonry Contractors 238210 Electrical Contractors 238220 Plumbing, Heating, and Air-Conditioning Contractors 238910 Site Preparation Contractors 93 INFRASTRUCTURE' ENGINEERING CORPO 541330 Engineering Services m_______._ ..__......____._____________.__m____.________mm_______m___..__ _____._._.._.._.........__......_m_.._._._.._.....__..._.....__................m.__...__._ ._......_______ __.______.____._...m 94 INTERWEST PACIFIC, LTD. 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors ....··_··____·__·__________.__...__........____._._.m__......m..m.m..________..______.___.__..____.....__..._._____._______..._....._.............m..___..__..__.__............m.._________._ 95 IR2 - INTERIOR RESOURCE, INC 541330 Engineering Services 541340 Drafting Services 96 ISAACSON PLANNING 541330 Engineering Services 97 .IC ENVIRONMENTAL COMPANY, INC 237310 Highway, Street, and Bridge Construction 98 J R PINA ASPHALT PAVING 237310 Highway, Street, and Bridge Construction 99 .I F TEJEDA COMPANY 238910 Site Preparation Contractors _·_____..._m......__..................__._.__...____mm__.m_______m__.___m_ _._____ _ ____......._....__...........__m.__...__._m.__._ 100 .IE. MALDONADO ARCHITECT 541330 Engineering Services 101 JCI SERVTCES, INC 541330 Engineering Services 541340 Drafting Services -.-.--..-------- .---.-.----------- 102 .INE & ASSOCIATES 541620 Environmental Consulting Services 103 JOHN'S EQUIPMENT RENTAL Wednesday, JuLy 14, 20 ATTACHMENT 5 2 -3'- Page 6 of 12 dba naics description 532412 Construction, Mining, and Forestry Machinery and Equipment Ren 104 JOSE CARLOS ROMERO. CIVIL ENGINEER 541330 Engineering ServÎces 541340 Drafting Services 541370 Surveying and Mapping (except Geophysical) Services 105 L CPA VING & :::O'EALING 237310 Highway, Street, and Bridge Construction 106 L K S & A5;'ìOC1ATES 541330 Engineering Services .._______________________m____________________m_______n____n______.'"._nm..._n_n..__n_n_n_mmn_mm______m______________________..____...____________n_m_.____..mnmn__________________m 107 LABORATORY DATA CONSULTANTS 541380 Testing laboratories 108 LANDMARK CONSULT4Nl:'ì, INC 541330 Engineering Services 541890 Other Scientific and Technical Consulting Services --------~------------------------- 109 LEPORE CONSULl'lNG 541330 Engineering Services 110 liBBY ENGINEERS, INC 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services III liNTVEDT. MCCOLL & ASSOCIATES 541330 Engineering Services 541370 Surveying and Mapping (except Geophysical) Services II2 LOPEZ ENGINEERING INC 541330 Engineering Services ____________________________n_____n___n_____________________________________________________._......__..__.______________________________________________________________._-._____________ 113 LORI R. LOVETT, GENERAL ENGINEERIN 236910 Site Preparation Contractors ._______mm_________________ ___.____._____.__m_____________mnm_________mmn_.mm__.h______________________ __________________________.___________.._______......___ ____m___m______ 1/4 M L LITTLE BEAVER CONSTRUCTION INC 238140 Masonry Contractors 238210 Electrical Contractors 238220 Plumbing, Heating, and Air·Conditioning Contractors 1I5 MANUEL ONCINA ARCHITECT,lNC 541340 Drafting Services --- -- --~-- ----- - 1I6 MARQUEZ & ASSOClA TES BIOLOGICAL C 541620 Environmental Consulting Services 1I7 MARU¡"'l PARTNERSINC 541320 Landscape Architectural Services llS MC LEOD TRUCKING 484110 General Freight Trucking, Local ..___n__________________n_____._____n___________________________________n__________________________~__________________________________________________________ ll9 MEDliN & A::'''SOCIATES 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services _____________________________________________mm______mm_________________________m____________m____________m______.______________________n_n_________________________________ 120 METROPOLITAN CONSTRUCTION 221310 Water Supply and Irrigation Systems 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors Wednesday, July 14, 20 ATTACHMENT 5 2-37 Page 7 of 12 ---------~--- ..,-..- -_.._.--------~----~-~"...._-_....._-, --.-.- dba naies description /21 MIS LOPEZ ENTERPRISE 327332 Concrete Pipe Manufacturing 122 MISSION v:4LLEY iANDSCAPE CO.. iNC 237310 Highway, Street, and Bridge Construction 541690 Other Scientific and Technical Consulting Services __.n___________"__...____________________________ ____u__._n___m___m__________ ______m_________m_________..___.m____________ ____....________.__.______.__ ___n.____...__._____________. n_._______ 123 MfC CONSTRUCTiON 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors -------- __..n___.__________ _...______n. ____m__________________...__ __mnm____________ _.__u______________. __"..__m______________ .__._.__.........____ n....__.....m.............____ _._.______._ 124 MONiCA CONSTRUCTION COMPANY 237310 Highway, Street, and Bridge Construction 125 MORAESïPHAM & ASSOCiATES 541330 Engineering Services 541340 Drafting Services 541690 Other Scientific and Technical Consulting Services ---- ~ 126 NAnONAL GLASS & MIRROR 237310 Highway, Street, and Bridge Construction /27 NATiVE LANDSCAPE. me 237310 Highway, Street, and Bridge Construction 541690 Other Scientific and Technical Consulting Services /28 NOLBERTO DOlvilNGUEZ TRUCKING 484110 General Freight Trucking, Local 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 129 NORTH STAT/;' SiGNS 237310 Highway, Street, and Bridge Construction _·····________________".nnm._____________m·__..________nm____________________ _.___________.________n__m________.____.._._______.._.__._m__________ .....n.n_n___n__.__________..__..____... 130 NOVA ELECTRIC, me. 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors .m________...n.n____.._________.._.n_nn___m.______.__________~n__________.__m__._n_..__m_____·_____._._m_m_______._.__.__...._n________..____..____........__....__.nmm___m___.._._ 131 OAKCREST LANDSCAPE CO 237310 Highway, Street, and Bridge Construction 132 OLSEN STEEL. iNe. 237310 Highway, Street, and Bridge Construction /33 ONAKA PLANNING & ECONOMiCS 641330 Engineering Services S41690 Other Scientific and Technical Consulting Services /34 OROPEZA CONSTRUCTiON, iNe. 221310 Water Supply and Irrigation Systems 237310 Highway, Street, and Bridge Construction 237990 Other Heavy and Civil Engineering Construction 238210 Electrical Contractors 238910 Site Preparation Contractors 541890 Other Scientific and Technical Consulting Services 561730 Landscaping Services ------ ._-~--------_._._._- 135 P. A. WiLSON 238910 Site Preparation Contractors /36 PACiFiC ELECTRONiCS 238210 Electrical Contractors Wednesday, July 14, 20 ATTACHMENT 5 2-~ Page 8 of 12 dba naics description /37 PACIFIC WEST BUILDERS 238210 Electrical Contractors 138 PACIPlCA CONFRACTlNG, INC. 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors 238910 Site Preparation Contractors 532412 Construction, Mining, and Forestry Machinery and Equipment Ren 139 PARAS & A5~çoCIATES 541330 Engineering Services 541340 Drafting Services _.____. "..__.________.__________________m_______________n___..____..+ _ ________...+__ __+_______. __,........__ ...._.....______._ __+____.._____________m__________________m_________ /40 PARTERRE 541320 Landscape Architectural Services 541330 Engineering Services 541340 Drafting Services _+_n_.__.._..._._.__________________________________m.____.h..~____.________________________.__________________.__.____mm_______________________mm___________________.________________m_________ /41 PAYCO SPECIALTIES. INCORPORATED 237310 Highway, Street, and Bridge Construction ------------------------~--------------------~_._----- 142 PDI COA TlNGS 237310 Highway, Street, and Bridge Construction 143 PJ<.J>PER TRUCKING INC 484110 General Freight Trucking, local 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 144 PIPELINE PLUMBING AND MECHANICAL 238220 Plumbing, Heating, and Air-Conditioning Contractors 145 PLATT/WHITELAW ARCHITECTS, INC 541310 Architectural Services 146 PORTILLO CONCRETE 237310 Highway, Street, and Bridge Construction _m_______m_____________.+___._________m_________________+._..____.__._____m_______________________m____________m__________________________. ___._.___m____________m__._._____ ____ 147 PRECISE CONSTRUCTION MANAGEMENT 238140 Masonry Contractors 238210 Electrical Contractors 238220 Plumbing, Heating, and Air-Conditioning Contractors _______________m______________________h___ .._______m___m_____m_.____.. 'h__ _______mnmmmmmnmnnmmmmnmn_nnn__m__ _ __ _..nnn_.mmnn_nnm _...._____ummn /48 PRECISION HEATING & AIR CONDITION I 237310 Highway, Street, and Bridge Construction 238220 Plumbing, Heating, and Air-Conditioning Contractors 149 PROFESSIONAL CONSULTING GROUP 541330 Engineering Services /50 Q & S ENGINEERING 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services 151 Q-TEC INC 238210 Electrical Contractors 541330 Engineering Services 152 RBKA 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services 153 R D H BACKHOE W'etlllesday, July 14, 10 ATTACHMENT 5 2 -=39 Page 9 of 12 .....--'. -_._--""_.,-,-~-----_.,-----_.- dba naies description 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors /54 RAUL MENDOZA CONSTRUCTION. INC 237310 Highway, Street, and Bridge Construction 155 RICHARD BRADY & ASSOCIATES 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services 156 ROBERT Z4.l.D1VAR M4S0NARY 237310 Highway, Street, and Bridge Construction 238140 Masonry Contractors _____m________________ ____..____..__________m_____m___________________ __.___m____m___________________.m__________m____________..___n_____________________________________.. _ _____n________________ 157 ROBERTS ELECTRICAL CONTRACTOR 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors 238910 Site Preparation Contractors ----- -.-.--.------------------------------ ________._.__._.__.._._m.._·__·_.._..____.._____m.._______..____.~________________..__..__.____._m__________..______________.._________ .<___ 158 RODRIGUEZ PARK 541310 Architectural Services 541340 Drafting Services .m__________ _<·____..m.._..._..___.______..______..._._ _··__·________.___.__m._______....___._~._.__mm..m.m__.__.. ...________m_______...._.__....__ _____ .._._______m____________.______.____.. 159 ROMERO GENERAL CONSTRUCTION COR 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 160 RUBIO'S CONCRETE CONSTRUCTION 237310 Highway, Street, and Bridge Construction 161 SAFDIE RABINES ARCHITECTS 541310 Architectural Services 541340 Drafting Services 162 SAN DIEGO BAY AREA ELECTRIC, lNC 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors 541330 Engineering Services /63 SAN DIEGO PUMP & COMPRESSOR SUPF 541330 Engineering Services 164 SAPPER CONSTRUCTION COMPANY 237310 Highway, Street, and Bridge Construction .--.--- _____________m..__________....___._._....___.._______.._________________________._._____<____________..__._________.________________m_______________...___.______ ________________._. /65 SCHEIDEL-CONTRACTING AND ENGINEE 237310 Highway, Street, and Bridge Construction 237990 Other Heavy and Civil Engineering Construction 238910 Site Preparation Contractors ...--- ···__._n____.______________m_._......______._.__ ..___ _____mm___________._.._____..___._...__._._. ._.m__.m__.m___...___..._ _________ _ ___.m.____.______.____.m_____._____________._..____. /66 SCIENTIFIC RESO URCES ASSOCIA TED 541330 Engineering Services 167 SIERRA ELECTRIC 237310 Highway, Street, and Bridge Construction /68 S1M ENGINEERING INC 238910 Site Preparation Contractors 532412 Construction, Mining, and Forestry Machinery and Equipment Ren 169 S1MON WONG ENGINEERING 541330 Engineering Services Wednesday, July 14, 20 ATTACHMENT 5 2 -'-10 Page 10 of 12 dba naics description 541690 Other Scientific and Technical Consulting Services 170 SJo..lITH TRUCKING COMPANY 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 171 SOYA ENVIRONMENTAL TECHNOLOGY, I 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services 172 SOUTHBAY EDC, INC 238210 Electrical Contractors m______________.______.__~______________________________~__..______________________________m______________________________m_________________________________________.._____. 173 SOUTHLAND GEOTECHNIC."AL CONSULT A 541330 Engineering Services 174 STAR PA VING CORPORATION 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors ------- _________________m______________________________________________________ 175 STA TEWlDE STRIPES. INC 237310 Highway, Street, and Bridge Construction 176 STEPHENS TRUCKING 484110 General Freight Trucking, Local 177 SUNSHINE DEVELOPMt'NT 238910 Site Preparation Contractors .___________________________.______._____m___________________________m____________________________.._._._________________________m____________+_______________________________ 178 SUPER MARIO PORTABLE WELDING 237310 Highway, Street, and Bridge Construction ____________________._______________________________..__________________________._______._....___________m_______________________________....______________m________________________ 179 SUSAN HECTOR CONSULTING 541330 Engineering Services 180 SYNERGY ELECTRiC COMPANY INC. 237310 Highway, Street, and Bridge Construction 238210 Electrical Contractors 181 TECHNOLOGY MANAGEMENT, INe. 541690 Other Scientific and Technical Consulting Services 541690 Other Scientific and Technical Consulting Services 182 TELEPHONE JACKS' 541690 Other Scientific and Technical Consulting Services 183 TF.'SHIMA DESIGN GROUP 541320 Landscape Architectural Services _______m_______m______..___. ____.._____.__.____m___mm____..._ ____.___________.________.mmm__________m_.~~__~___m~_m._._____._mm________ ._._m__m'.____m___m' ~mmmm____ 184 TESTING SERVICES & INSTECTJON. ¡NC 541380 Testing Laboratories 541380 Testing Laboratories ..__._.m..~_.______________m_____m____._....__._._____._._______..__.___.._____m____._._____.__...._.__.__._._._________...__._.....______m_____m__......._·m.._.._.._m___..._ 185 TEZA DESIGN 238220 Plumbing, Heating, and Air-Conditioning Contractors 541330 Engineering Services 541340 Drafting Services ___.m_________.._____.___..__._..____m_______m________~___________m_.___.m_.._·_____··m_m__________.__._....·__~______________·____·_--..--.------------......--.-------- 186 THE ENGINEERiNG PARTNERS, INC 541330 Engineering Services 187 THE EXIT LIGHT CO, INC 238210 Electrical Contractors 188 TIERRA ENVIRONMENTAL SERVICES, INC U7ednesllay, July 14,20 ATTACHMENT 5 2 -1./' Page 11 of 12 ____.__~__.__ _n______..___ dba naics description 541330 Engineering Services IR9 TRAN CONSULTING ENGINEERS 541330 Engineering Services 541620 Environmental Consulting Services 541690 Other Scientific and Technical Consulting Services 190 TRI-COUNTY DRILLING. INC 237310 Highway, Street, and Bridge Construction 191 TRUE CHAMPIONS CONSTRUCTTON 237310 Highway, Street, and Bridge Construction 237990 Other Heavy and Civil Engineering Construction 236140 Masonry Contractors 192 UNIVERS4l. S7RUCTURES 541330 Engineering Services 541690 Other Scientific and Technical Consulting Services ...----.--~-------------------------------.-------------------- ---------------------__________________________~________h.._____________________________.._______________________________ 193 VALLEY FENCE COMPANY 237310 Highway, Street, and Bridge Construction ------------- 194 VERA BERGER, PH.D.,PE 541330 Engineering Services 195 VER/FAX CONSUL71NG INCORPORATED 541330 Engineering Services 196 VICTOR'S QUALITY PLASTERING 237310 Highway, Street, and Bridge Construction 197 WEl.K 7RUCKING. INe. 464110 General Freight Trucking, Local 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Le 198 WEST CONSUL7ANT~'), INC 541330 Engineering Services S41330 Engineering Services 541690 Other Scientific and Technical Consulting Services 541690 Other Scientific and Technical Consulting Services , 199 WESTI£RN BA Y SHl<.ETMEIAL & MARINE. I 238220 Plumbing, Heating, and Air-Conditioning Contractors ··-·-..··....···_·.....····_·....__···...·......··__·_.__..........m......m...___..___...........__...._...m.....__.m........_._........__...m.n..._..____......._.........__.................___...___. 200 WESTERN STEEL & METALS. INC 237310 Highway, Street, and Bridge Construction 201 WILEY CONSTRUC770N 236140 Masonry Contractors 236910 Site Preparation Contractors 202 ZAGRODNIK & THOMAS ARCHiTECTS 541330 Engineering Services I SUM OF DBE"s = 2021 2-42- Wednesday, July 14, 20 ATTACHMENT 5 Page 12 of 12 ATTACHMENT 6 PERCENTAGE OF DBE PARTICIPATION WITHIN NAICS CODES NAICS DESCRIPTION NAICS TOTAL DBE's %of (CENSUS) DBE's 221310 Water Supplv & Irriaation Systems 22131 25 6 24.0% 237310 Hiahwav, Street & Brldae Construction 2341 100 74 74.0% 237990 Other Heavv & Civil Enaineerina Canstruction 2349 187 3 1.6% 238140 Masonrv Cantractors 23541 167 8 4.8% 238210 Electrical Contractors 23531 590 23 3.9% 238220 Plumbina, Heatina & Air-Conditionina Contractors 23511 647 12 1.9% 238910 Site PreDaratian Contractors 23599 355 34 9.6% 327332 Concrete PiDe Manufacturina 3273 43 3 7.0% 444190 Other Buildino Material Dealers 44419 289 2 0.7% 484110 General Freiaht Truckina, Local 48411 135 10 7.4% 532120 Truck, Utilitv Trailer & RV 53212 48 7 14.6% 532412 Construction, Minina & Forestrv Machinery 532412 66 7 10.6% 541310 Architectural Services 54131 300 3 1.0% 541320 Landscaoe Architectural Services 54132 96 6 6.3% 541330 Enaineerina Services 54133 896 58 6.5% 541340 Draftina Services 54134 28 17 60.7% 541370 Survevina & MaDDina (exceDt GeoDhvsical) Service 54137 51 6 11.8% 541380 Testina Laboratories 54138 66 6 9.1% 541620 Environmental ConsultinQ Services 54162 96 6 6.3% 541690 Other Scientific & Technical Consultina Services 541690 278 32 11.5% 561730 LandscaDina Services 56173 793 2 0.3% TOTAL 5,256 325 6.2% 2- -Lf3 --.._- . ._.._-~-_.,._.._----- - -------~-_..._."._-_."_._-_.._,---,----_..__._..- ATTACHMENT ì. Local Assistance Procedures Manual EXHIBIT 16-B Subcontracting Request STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION FRONT SUBCONTRACTING REQUEST DC-CEM-1201 (REV. 4/94) (OLD HC-45) CT# 7541-3514-7 See Instructions On Back REQUEST NUMBER CONTRACTOR NAME COUNTY ROUTE BUSINESS ADDRESS CONTRACT NO. CITY/STATE I ZIP CODE FEDERAL AID PROJECT NO. (From Special Provisions) SUBCONTRACTOR øm ITEM 1>j"OF CHECK (F: DESCRIBE WORK S AMOUNT (Name, Business Address, Phone) NUMBER(S) 8lD ITEM (See Categories Below) WHEN LESS THAN 100-;0 BASED ON SUBBED (iI <2\ (3) OF WORK [8 SUBBED BIDS AMOUNT Catezories: 1) Specialty 2) Listed Under FaIr Practices Act 3) CertIfied DBE/MBEIWBE/DVBE I Certify That: . The Standard Provisions for labor set forth in the contract apply to the subcontracted work. . If applicable, (Federal Aid Projects only) Section 14 (Federal Requirements) oftbe Special Provisions have been inserted in the suhcontra.cts and shall be incorporated in any lower-tier subcontract. Written contracts have been executed for the above noted subcontr'd.cted work. CONTRACTOR'S SIGNATURE I DATE NOTE: This section is to be completed by the Resident Engineer I. Total of bid items................................................................. .... ...... ...... ..... ...... -..--..-..-..-.-.-.------$ 2. Specialty items (previously requested) ................. ........ .................... ............ ... $ 3. Specialty items (this request). ........................................................... ........ ....... $ 4. Total (lines 2+3) .............._...__.________.._.__... _... ..._ _.._...._...._...____. $ 5. Contractor must perform with own forces (lines I minus 4) x %. ......................... ...............$ 6. Bid items previously subcontracted ..................................................................... $ 7. Bid items subcontracted (this request) .......................... ..................................... $ 8. Total (lines 6+7) .. _. .._._ .._ _ _.. _.... _.... ........ __.. _.... __ _ _.. ._. __._ ._. _.... _ _ __.... $ 9. Balance of work Contractor to perform (lines I minus 8).................................... $ $ ~!~H~HHtHfWF@tW.#N~WM~~:n~:@m~~Mt%JNØ$4:~:M~H¥éHr*j@M~My·::~:R'i· . ," ·'·'\#4Wt%twntUnW:*¥~VMWt%mHtf:Þ$'1~Mr-%%~hln RESIDENT ENGINEER'S SIGNATIJRE DATE CEM-120l (HC-46 REV. 4/94) COPY DlSTRlBUTION: I. Original- Contractor 2. Copy -local agency Resident Engineer 3. Copy . local agency Labor Compliance Officer 4. Contractor's Infonnatiou Copy 2-44' Page 16-51 February 1, 1998 -- -- ._,~"..._--_._-_. .' M.___.._..____.,~ EXHIBIT 16-B Local Assistance Procedures Manual Subcontracting Request Back INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First-tier subcontractors must be included on a subcontracting request. Submit in accordance with Section 8-1.01 of the Standard Specifications. Type or print requested information. Information copy is to be retained by the contractor. Submit other copies to project's Resident Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. When a portion of an item is subcontracted, describe the portion, and show the % of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior to submittal of a DC-CEM-1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Code covers the conditions for substitution. Submit a separate written request for approval of any DBE/MBE/WBE/DVBE substitution. Include appropriate backup information and state what efforts were made to accomplish the same dollar value of work by other certified DBE/MBE/WBE/DVBEs. NOTE: For contractors who will be perfonning work on railroad property, it is necessary for the contractor to complete and submit the Certificate oflnsurance (State Form DH-OS-AIOA) naming the subcontractor as insured. No work shall be allowed which involves encroachment on railroad property until the specified insurance has been approved. 2-'15 Page 16-52 February 1, 1998 __n____..___ __ ____no" n''- .~_. _._..~.,_..__~_."_"~___~__~__~ AiTAC.HMf:NT 8 Local Assistance Procedures Manual EXHIBIT 15-G Local Agency Bidder-DBE (Constrnction Contracts)-Information ~ Local Agency Bidder-DBE (Construction Contracts)-Information This infonnanon may be submitted with your bid. (IfDBE infonnation is not submitted with the bid proposal, and you are the ~~parent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions). ailure to submit the required infonnation will be grounds for finding the proposal nonresponsive. AGENCY, LOCATION, PROJECT DESCRIPTION, CONTRACT NUMBER, FEDERAL-AID PROJECT NUMBER, TOTAL CONTRACT AMOUNT, $ BID DATE, BIDDER'S NAME: ADVERTISED DBE CONTRACT GOAL: kONTRACT TEM OF WORK AND DESCRIPTION loBE Cert. No. ~AME OF DBEs 1 DOLLAR AMOUNT TEMNO. OR SERVICES TO BE V'-ND EXPIRATION Must be certified on the date bids DBE' SUBCONTRACTED OR MATERIALS pATE þre opened . incl~~e DBE address o BE PROVIDED 2 d ~hone number ~RTANT::Identitÿ all DBE fumsbcingclaimed for~i~regardleS9 of tier. Total ClaÎi:ned $ epies oftheDBEquotel are required. Names of the FirstTierDBE SubcontraCtors-and Participation their respective item(s) of work listed above shall be consiStentwitb the names and items fwork inth~":r,.i$1: ofSubconìractors" submittctiwith your bid pursuant to the ubcootractorsListing Law and the Special Provisions. . % . L DBE prim~contractoruha¥ enter their DBE certi'ficationn\11l1ber.DBE prime ontnlctQ:t'S:sh~lli':1dicate aU,work to be perfonnedþy DªEs'inc1:uding,workperfonnec:l Signahire°fBidder yit$ownfdrces; . If 100% ofitem)snot,~':bC perfoririedorfuinis.hed bY:I>Blk<lescribe~xåct portion of 'temto' beperfonncdorñïtriìshedbyPBE. Date (AreaCode) 'f~L NQ-. . See Secnøu, ttpisadvarit3ged BUSiness Enterprises; "o:rtlie~pecial Provisions construc~on,c9I1tractsj;.'andBidder~oser Dj3Eparticipation Requirements'and btstructîon. Exhibit JO~I(consultant contracts) to determipe the credit allowed for DBE Person to Contact (please Type or Pririt) firms· CT Bidder - DBE Informanon (Rev 12/03/03) Local Agency Contract Officer Distribution: (1) Copy - Fax immediately to the Caltrans District Local Assistance Engineer (DLAE) upon completion (2) Copy - Include in award package to Caltrans District Local Assistance (3) Copy - Original- Local Agency files 2 - 1./6 Page 31 LPP 04-01 January 15, 2004 ---,- ^ ~.^--- -- - ---------,-----~,----_._.,----_.- .. '--..----- EXIDBIT 15-G Local Assistance Procedures Manual Local Agency Bidder DBE (Construction Contracts)-Information ~ INSTRUCTIONS - LOCAL AGENCY BIDDER-DBE (CONSTRUCTION CONTRACTS) INFORMATION FORM (Revised 12/03) The form requires specific information regarding the construction contract: Agency, Location, Project Descriptions. Contract Number (assigned by Local Agency), Federal Aid Project Number (assigned by Caltrans- Local Assistance), Total Dollar Contract Amount, Bid Date, Bidder's Name and Advertised DBE Contract Goal. The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or Services to be Subcontracted or Materials to be provided. The DBE should provide their certification number to the Contractor and notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names ofDBE certified to perform the work (must be certified on the date bids are opened and include DBE address and phone number). There is a column for the total DBE dollar amount. Enter the Total Claimed Participation dollars and percentage amount of items of work (in the "List of Subcontractors") submitted with your bid pursuant to the Subcontractors Listing Law and the Special Provision. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. 2-'-17 Page 32 January 15, 2004 LPP 04-01 ._ ___H____..____,_.__~_~..._._._ -- ,,-- ----..------ ---------------------------------- AïïAC.\otMENT q Local Assistance Procedures Manual EXIllBIT 16-1 Notice of Materials To Be Used (Form CEM-3101) FORM CEM-J 101 (Old HC-JO(REVJ-8I) STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION NOTICE OF MATERIALS TO BE USED To: Date: 19 Resident Engineer You are hereby notified that materials required for use under Contract No. for construction of - - in Dist. , Co. - , Rte. , P.M. will be obtained from sources herein designated. CONTRACT KIND OF MATERIAL NAME AND ADDRESS WHERE ITEM NO. . MATERIAL CAN BE INSPECTED It is requested that you arrange for sampling, testing and inspection of materials prior to delivery in accordance with Section 6 of the Standard Specifications where the same is practicable and in accord with your policy. It is understood that source inspection does not relieve me of the full responsibility for incorporating in the work materials that comply in all respects with the contract plans and specifications, nor does it preclude the subsequent rejection of materials found to be unsuitable. Distribution: White Office of Materials Engineering & T .:sting Serviccs 5900 Folsom Blvd. Sacramento, Califon!ia 95819 Yours truly, Yellow Resident Engineer Address em," Contractor's Filt: B!uc District Phone No. ( )-- 2 -Lfg Page 16-65 February 1, 1998 .,,~_.._..,-- ---------- EXIDBIT 16-1 Local Assistance Procedures Manual Notice of Materials To Be Used (Form CEM-3101) STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION NOTICE OF MATERIALS TO BE USED X'(:EM-3101 (OLD HC-30 REV. 10192) 7541-3511-1 INSTRUCTIONS TO CONTRACTOR Section 6 of the Standard Specifications states that, "Promptly after the approval of the Contract, the Contractor shall notify the Engineer of the proposed sources of supply of all materials,to be furnished by him, using a form which will be supplied by the Engineer upon request." In order to avoid delay in approval of materials, the Department of Transportation must receive notice as soon as possible. Please comply with the following as closely as possible: The Contract number and job limits should be the same as appears on the Special Provisions. The column headed "Contract Item No." should show all the item numbers for which the material is to be used. The column headed "Material Type" should be a description of the material and not necessarily the name ofthe contract item. The colunm headed "Name and Address of Inspection Site" should be that of the actual source of supply and not subcontractor or jobber. If the sources of all materials are not known at the beginning of a Contract, report those known. Supplemental ''Notices of Materials to Be Used" should be submitted for the others as soon as possible thereafter. Do not delay submitting the original notice until all information is known. All changes in kinds and/or sources of materials to be used should be reported on supplemental ''Notices of Materials to Be Used" immediately. Retain your copy and mail all other copies to the Resident Engineer. Note: When placing orders for materials that required inspection prior to shipment, be sure to indicate on your order that State inspection is required. CEM·310\ (OLD RC-30REV 10/92) 2- -41 Page 16-66 February 1, 1998 - .. - "" ~ .... .. , " , ,... ~ I , ... ~ .... " ~ ~ .. "" .!! z~ =- - ~ ~z " ¡ =- ~ = ~w - ... -~ O~ 0 ="0 w > .9 ~ ~ w< ;; w w I- ~:. < w ~~ ~ ~ ~ 0 ~ < < < ¡.¡ " 0 .z ~ z < 3 0 0 = 0 '" " Iu " ~ 00 z w :- w ~ · "' "0 " < · " 1: " ~ ~ ~w z ;; .:!I ~ w ~~ < 0 0 Ow ~ , :r ~ u ~ w ~~ " õ ... ~ z ~ ~ < · " w~ ~ ~ '" u < " = < 0 ~o 0 -' ~ . ~u 0 .S ~ < · ;; I- ~ z ~ · ~ " 0 u 0 0 J- ~ u < ;; '= ~ 0 .. ~ ~z æ " «' ;;¡ z .E ~ " · ... 0 w~w w w E '" '" > u "o~ " " · "" 1:: u ~ ozo ~ ~ . e '" z < ª-~ · " " œ '" '" w z ~ z z < ~ "" ø ~ ~ w w ~ ~ < "" z z 0 · ø 2:>-::; ;¡; 0 0 0 '" õi ~ 0 '" '" 0 ;;¡ ~ ~ · " O~z .0' .. ~ = w ~ã::~ " 00 00 :J r.: ~ 00 00 00 ~o ~ w w .. 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OO"':W <w f > w ~~ ~~I- "% ~~ 0- " . > o~ õi ~- · > ~ w 0 ~""Z %00 .- 0 " .0 = ~ W > 0" " " < " o. ~ oa = ~ ~ U" _0. % ~ · . 0-'(1) % "0 - 0 < " · " w '::(ã ::;: ~"':II) " "% ~ - 00 % ~o zo:W 0 00< o " w Q _ 0 ~ wWZ U ~ "= " 00 .- e " 2C- % ~ 0 ~ 00 :ê'~ .. I-WC/)C/) < 0 o " w " " ~ " "0 ~..:)a:: ~ ~w -~ . °u a.. . CD 0 " o:¡¿ 0_ ~ w " "- % % 00 zO::-o " 0 " ~WOI- % OOO::w < ~ '" o . ':; .. UWU 0 -u..wo o - % =- '<ZC)4( U 1-0::1-- ~~ " W ... II...w<> " 24(4(a:: ~ ¡¡ ¡rll...::&~ " ,,, 00 ~ :::.t::!.. .. z % U ¡;¡ " 11::1-1-1- w 0 ~~~II... · "' . = oCl)ZZ " ~ · - " 0 w " ~ U wO< " .~ !: U 0 .....,., - !!:-4(O < > ¡¡ .:!I ;;!~>u " ~ 0,. ....- " ...- % · -~ 0 ~ ~ ~ 0 · " ~ , ì:' ~ CJ 4(0 CD... ~ % 0 _ 0 U ~ ë <- -< u.. 4(::)~ U 0 0 ~ u::: !: < % >- 0 .... " O...JC/)CI)~ < U W - õi % < =;õ " U , " " w4(Õa::" " w % ~ 0 % ~ ..= " I- 0 : ~ ~ ~ ¡; ~ ~ % ;;; W " " '" ~O"!:!::!: % ~ w · 0 w ø · =-... ... 0 ~ ~O ...J .~ U " < is If.I...IOI-a: U ~ 2- -'50 .~-~.- _....~..__..._- -~---,----- -----.. "~__"_'~_m___ _ _____ -~----.. EXHIBIT 17-F Local Assistance Procedures Manual Final Report of Utilization of Disadvantaged Businesses Project Completion Fonn CP-CEM 2402(F) (Rev. 04/00) FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS (FEDERALLY FUNDED PROJECTS) The fonn requires specific infonnation regarding the construction project: Contract Number, County, Route, Post Miles/ Post Kilometers, a box to check that the project is indeed a Federal Aid Project, the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the Prime Contractor name and Business Address. The focus of the fonn is to describe who did what by contract item numbers and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who perfonned the work, both DBE and nonDBE work forces. DBE prime contractors are required to show the date of work perfonned by their own forces along with the corresponding dollar value of work. The fonn has a column to enter the Contract Item No (or Item No's) and Description of work perfonned or Materials provided, as well as a column for the Subcontractor Name and Business Address. For those finns who are DBE, there is a column to enter their DBE Cert No. The DBE should provide their certification number to the Contractor and notify the Contractor in writing with the date of the decertification if their status should change during the course of the project. The fonn has five columns for the dollar value to be entered for the item work perfonned by the subcontractor. The NonDBE Column is used to enter the dollar value of work perfonned for finns who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what Program(s) the finn is Certified. This Program status is detennined by the Civil Rights Certification Unit based on ethnicity, gender, ownership and control issues at time of certification. The certified finn is issued a certificate by the Civil Rights unit that states their program status as well as the finns Expiration Date. DBE Program status may be obtained by accessing the Civil Rights website (www.dot.ca.gov/halbepl) and downloading the Calcert Extract or by calling 916 227 2207. Based on this DBE Program status, the following table depicts which column to be used: DBE Pro am Status Column to be used If program status shows DBE only with no DBE other ro ams listed If ro status shows DBE, 5MBE If ro am status shows DBE, 5MBE, SWBE If ro am status shows DBE, SWBE If a contractor performing work as a DBE on the project becomes decertified and still perfonns work after their decertification date, enter the total dollar value perfonned by this contractor on Fonn 2402(F) under the appropriate DBE Program Status (include all work perfonned after decertification) and complete and submit Fonn CEM-2403 (F) as appropriate. Any comments to be made on the Fonn 2402 (F) are to be explained on the reverse side of the Fonn. Indicate in the Comment section that Fonn CEM 2403(F) is being submitted. If a contractor perfonning work as a Non-DBE on the project becomes certified as a DBE enter the dollar value of all work perfonned as a DBE on CEM-2402(F) and CEM-2403(F). Any comments to be made on the Fonn 2402 (F) are to be explained on the reverse side of the Form. Indicate in the Comment section that Fonn CEM 2403(F) is being submitted. There is a space provided on the CEM-2402(F) where tbe TOTAL is entered for tbese five columns. There is a column on the CEM-2402(F) to enter the Date Work Complete as well as a column to enter the Date of Final Payment, which is an indicator of when the Prime Contractor made the "final payment" to the subcontractor for the portion of work listed as being completed. The Original Commitment area on the CEM-2402(F) is based on information at Award time of the project and is the total dollar value of those subcontractors listed at Award based on the above table. The CEM-2402(F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the infonnation provided is complete and correct. Page 17-22 2-51 March 15, 2001 LPP 01-04 - .--.-.--..- COUNCIL AGENDA STATEMENT Item 3. Meeting Date 9/21/04 ITEM TITLE: Resolution Waiving the consultant selection process and approving a fourth amendment to the agreement between the City of Chula Vista and Dudek & Associates, Inc., for the provision of environmental and engineering services SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City Manager ..(J (4/Sths Vote: Yes_No..Kj On May 2, 2000, Council approved a contract with Dudek & Associates for environmental and engineering services for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor. The contract has since been amended three times to complete the design and construction of these proj ects. A fourth amendment is necessary to provide Dudek and Associates with additional compensation for services required for the final phase of the Salt Creek project and some additional work required for the Wolf Canyon Trunk Sewer project. RECOMMENDATION: That Council approve the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: In May 2000, the City retained Dudek & Associates to provide environmental and engineering services required for the fmal design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. Since then they have been involved in the preparation of the design plans, the Environmental Impact Report (EIR), the right-of-way documents, design and construction surveying. In addition, they also provided construction oversight services required for the construction of the last phase of the project. Initial Agreements: On June 8, 1999, after a thorough selection process, Council awarded a contract to Dudek & Associates for preparation of the Preliminary Design Report for the Salt Creek Gravity Sewer Interceptor, which formed the basis of design for the project. Subsequently, on May 2, 2000 Council approved an agreement with Dudek for the final design and constmction of both the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor (Attachment I) for an amount not to exceed $1,160,009. First Contract Amendment: The original alignment design was found to be insufficient to accommodate the new trunk line and would also have created environmental impacts - issues that would have delayed the completion of the project by up to two years. To avoid these constraints, the alignment design was changed and the trunk line realigned in order to connect to the City of San 3-1 -- --_.~._-_..._..._~-----,_..._-_..~ Page 2, Item 3- Meeting Date 9/21/04 Diego Metro Interceptor by micro tunneling under 1-5 freeway. The additional work necessitated a first amendment to the contract in the amount of$42,762 (Attachment 2). Second Contract Amendment: The project alignment change also necessitated the addition of a tunneling consultant to the proj ect team as well as additional surveying services and geotechnical services. A second amendment (Attachment 3) was approved by Council in August 2001, for an additional $501,250. Third Contract Amendment: The third amendment revised the contract to include the provision of additional engineering, geotechnical, surveying, and also the aerial photography services required to complete the design of the project. The amendment further provided for environmental compliance documentation services and electrical engineering services required to design and install a Supervisory Control and Data Acquisition System (SCADA). In August 2002, the amendment (Attachment 4) was approved by Council in the amount of$716,022. Proposed Fourth Contract Amendment: Since the approval of the third amendment, there have been recent developments on the Salt Creek and Wolf Canyon projects which required the following additional tasks (further detailed in the Fourth Amendment to the Agreement, Attachment 5) be added to the scope of services for the projects, in a total amount not to exceed $411,118. Salt Creek Trunk Sewer Proiect To facilitate the construction of the Salt Creek Trunk Sewer, the project was broken into four phases. The last phase of the project involved the installation of the pipeline under Interstate-5 Freeway, from the easterly side of the freeway on Main Street to the west side of the freeway on W. Frontage Road. This portion of the pipeline, which was installed by micro-tunneling, faced numerous challenges. The initial 66-inch diameter tunneling machine broke down a series of times and ultimately broke down and became inoperable under the 1-5 northbound on-ramp at Main Street. Earlier this year, Council authorized a contract Change Order for the project to enable the contractor to remove the broken machine and bring in a larger 94-inch diameter tunneling machine to complete the project. Dudek & Associates were involved in that process. Their scope of services for the project included the provision of tunneling inspection services, and was tied to the duration of the project. The Micro-tunneling portion of the project,' which began in May 2003, was originally scheduled to be completed by November 2003. However, due to the various challenges faced by the project, that phase was finally completed in August 2004. Since a significant portion of the development of the eastern territories was dependent on the completion of this last phase of the project, it was absolutely crucial to the City that this project be competed as soon as possible since the timeline for the delivery of the project had already been exceeded and existing systems were reaching their threshold capacity. To facilitate the completion of this project, Dudek was required to have their personnel on-site and continue working throughout the duration of the project to ensure the completion of the project. 3-2 Page 3, Item -3 Meeting Date 9/21/04 Additional funds are required to compensate Dudek for these services provided within this period. Furthermore, Dudek also had to make certain revisions to drawings to address unanticipated field conditions during the construction of the project. Total additional services provided for the Salt Creek Trunk Sewer project in the amount of $317,309. The specific costs of these services are shown in the table below: Element 6 - Environmental Compliance Documentation Task 6.16: Biological Mitigation Monitoring $44,300 Element 13 - Construction Services Task 13.2: Micro-tunneling Oversight Services $161,999 Task 13.4: Additional Construction Services Subtask 13 .4.1 - Electrical Services $9,070 Subtask 13.4.3 - Additional Services During Construction $79,290 Expenses $10,000 Meetings $12,650 Wolf Canyon Trunk Sewer Project In conjunction with the work on the Salt Creek Trunk Sewer, Dudek was also retained to provide preliminary engineering services needed to facilitate the construction of a trunk sewer line to serve the properties within the Wolf Canyon Basin. The Wolf Canyon Trunk Sewer was originally contemplated as a 14,000 feet sewer line that would be located at the bottom of Wolf Canyon. Dudek & Associates were primarily responsible for the preparation of a Preliminary Design Report (PDR) that analyzed various alignment options to for the trunk line. The initial effort included aerial topographic mapping, design surveying, right-of-way constraints analysis and an environmental impact analysis. In the course of preparing the PDR it became evident that the environmental community had significant concerns regarding the City's proposal to locate a ·sewer line in what they considered to be a pristine canyon, with significant biological resources. Since the work on this project was originally intended to be done concurrent with the construction of the Salt Creek project, and was now being done concurrent with the last phase of the Salt Creek Sewer, there was an urgent need to identify an alignment for the Wolf Canon Trunk Sewer to facilitate the processing of adjacent projects that would be relying on the facility. Some of these projects (Villages 2, 3, Planning Area 18B and Village 7) were already going through the entitlement process. To demonstrate the viability of the alignment options under consideration, it was necessary to do the following: 3-3 ..----..--------.... - ---+ ~_..._...__._._----------_._--- . -.--... Page 4, Item '3 Meeting Date 9/21/04 a. Complete a biological impact assessment, which included surveys for the Quino Checker Spot Butterfly, which has a specific flight season that is defined by the resource agencies. Quino surveys have to be done within that specific window otherwise the study would not be acceptable to the resource agencies when it is incorporated into the project Environmental Impact Report. Therefore, Dudek was required to perform that study during this brief flight season so that the window of opportunity would not be lost. The biological surveys also included surveys for the California Gnatcatcher. b. Preliminary staking of the proposed alignment - This item involved the staking out of the project alignment on the ground to enable the project team to better quantify impacts to Otay Tar plant (an endangered plant species) and other adjacent sensitive biological resources along the path of the proposed alignments. The urgency to expedite this work and reach a decision on an alignment for the Wolf Canyon Sewer was being driven by the following factors: a. The feasibility of a sewer line inside Wolf Canyon - Just about the time when the project team was working on the initial Wolf Canyon alignment, the City was also reviewing the project applications for Villages 2, 3, Planning Area 18b and Village 7. Part of this project review process required making decisions on roadway alignments for Heritage Road, La Media and Rock Mountain Road. Since there was already an indication that the environmental community had serious concerns regarding the City's proposal to locate site the trunk sewer inside the Wolf Canyon, the only other gravity alternatives to that location had to be within the roadways in these Villages. It then became necessary to make a decision on the vertical and horizontal alignment for La Media, Heritage and Rock Mountain Road and explore the viability of these roadways as potential options for the Wolf Canyon Trunk Sewer system. This decision-making process became a critical issue, which needed inunediate resolution, hence the need to have Dudek proceed inunediately with the additional work at that time. b. Timing - City staff needed sufficient data and analysis to make a determination whether to continue to plan for the Wolf Canyon Trunk line to be located inside the Canyon or to move the sewer line out of the Canyon. Since the biological assessments was a critical component of that decision making process, and the window for the biological monitoring was short, Dudek had to proceed with the surveys. This work performed by Dudek & Associates ultimately facilitated the City's decision to move the sewer out of the canyon and to serve the properties within the tributary area utilizing two trunk sewer lines (Heritage Road Sewer line, and the Rock Mountain Road Sewer). These additional services in the amount of $93,809 were authorized to enable the City to meet the environmental agency guidelines for biological surveys and to further facilitate the resolution of issues related to the siting of the Wolf Canyon Trunk Sewer. The costs of the specific tasks are shown in the table below. 3-4 Page 5, Item -3 Meeting Date 9/21/04 Phase 1 - PDR Engineering Services Task Q: PDR Preparation $19,260 Phase 3 - PDR Surveying Services Task C.I: FAA Easement Confumation Surveying $13,275 Task C.2: PDR Alignment Confirmation Surveying $12,361 I Phase 6 - Final Design Environmental Services Task D - Biological Resources Mapping Task E - Focused Survey for California Gnatcatcher Task F - Preliminar Biolo ical 1m act Anal sis With the completion of these tasks, Dudek & Associates has completed all the tasks in their scope of services related to the Wolf Canyon Project. Waiver of selection process It is staffs opinion that the proposed amendment is highly competitive. Not only are the rates paid under this amendment unchanged since the inception of the project in 2000, however if approved, the proposed amendment will increase Dudek's total contract for the design of the Salt Creek project to $2,416,308. This represents approximately 10% of the total construction costs of the project, and is highly competitive when compared to industry standards for a project of this size. Due to the urgency of the proj ect and required tasks, and other mitigating circumstances, engaging another consultant at to complete these tasks was deemed impractical. For these reasons, the City's interests would be materially served if the normal selection process were waived. Staff is satisfied with the work completed by Dudek & Associates to date. The Consultant has been responsive to City staff, and readily accessible for field trips, presentations, and various project meetings. Based on these facts, staff recommends that the selection process be waived and that the agreement between the City of Chula Vista and Dudek & Associates, Inc., be amended to include the provision of additional engineering and environmental services for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer projects. Future Actions The project team is now in the process of planning the future Rock Mountain Road, which will be the location of one of the components of the revised Wolf Canyon Sewer system - the Rock Mountain Road Trunk Sewer. As the planning effort gets underway, the City will need to go through a consultant selection process to retain the necessary consultants that may be needed to assist in the design and construction of Rock Mountain Rock. The City recently retained HBCG 3-5 -------,~---------------_.__..._--~._._~,,-_.. Page 6, Item ..3 Meeting Date 9/21/04 & Associates to provide project management services for the Rock Mountain Road project. Staff will soon be bringing that project forward to Council for consideration. The Heritage Road Sewer line is currently planned to be constructed by the Otay Ranch Company as part of the Village 2, 3 and Planning Area 18B project. FISCAL IMPACT: There is no impact to the General Fund. The proposed amendment will increase the contract with Dudek & Associates by $411,118 to a total of $2,416,308 for the Salt Creek Gravity Sewer Interceptor project. This project is funded with Trunk Sewer Capital Reserve and Salt Creek Sewer DIF funds. However, due to the availability of unanticipated savings within the CIP project, no additional appropriation of funds will be required to meet these additional costs. The proposed amendment will also increase the contract for the Wolf Canyon project by $93,809 to a total of $303,101. Initial costs will be borne by the McMillin Co. by means of a developer deposit account that has been established with the City. The developer intends to seek Development Impact Fee credits at a later date. Attachments: I. Original Salt Creek/W olf Canyon Agreement, May 2000. 2. First contract amendment, November 2000 - Letter to Dudek. 3. Second contract amendment, August 2001. 4. Third contract amendment, August 2002. FILE NO. 0735-IO-SW219 Last printed 9/15/2004 10:33 AM J: IEngineerIA GENDA IF ourth-Amendment-Dudek-Contract·A J /3-Final.ac.doc 3-6 A TIACHMENT. , Agreement between City of Chula Vista and Dudek & Associates, Inc. For Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk This agreement ("Agreement"), dated ¿, /1.9 7 for the purposes of reference only, and effective as of the date last execute/unl s another date is otherwise specified in Exhibit A, Paragraph 1 is between the City of Chula Vista, hereinafter called "City", whose business form is set forth on Exhibit A, paragraph 3, and Dudek & Associates. Inc. hereinafter called "Consultant," the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Wbereas, staff prepared and issued a Request for Proposals (RFP) in December 1998 with the intent to negotiate a contract for providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk; and Whereas, a total of eight (8) proposals were received and reviewed by the City's consultant selection committee in January 1999; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and environmental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, the City's consultant selection committee made their final recommendation in March 1999; and Whereas, the engineering fian of Dudek and Associates, Inc. was recommended as the consultant to be awarded the contract to provide engineering and environmental services for the Salt Creek Gravity Sewer Trunk; and Whereas, the City is desirous oLretaining professional engineering and environmental consulting services for said Sewer Trunk; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and environmental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, City staff has determined the proposal to be responsible and has negotiated an agreement based on the proposal; and 3-7 /'1 - f,..-,. -------,-,-- --- -----------..---- -- - ---.-.--. --_._~---_."_.._,---,_._._---------~ --'----- Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule: In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to the City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated, shall not terminate this agreement, except at the option of the City. C. Reductions in Scope of Work: City may independently, or upon request from Consultant, from time to time reduce the DefIned Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services: In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the DefIned Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11, unless a separate fixed fee is otherwise agreed upon. . All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care: Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance: Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of 3-8 loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limits applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage: (1) Certificates of Insurance: Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days v¡ritten notice to the Additional Insured. (2) Policy Endorsements Required: In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required illJder Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance: (1) Performance Bond: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the te=, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit: In the even! that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a fo= and amount satisfactory to the Risk Manager or City Attorney which 3-9 - --_._--~-----_.- . --_._-_.....~-_._~----,._,...._.,_._-,.__.. - --~_._- · amount is indicated in the space adjacent to the term, "Letter of Credit". in said Paragraph 19. Exhibit A. (3) Other Security: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide se=ity other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License: Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City: A. Consultation and Cooperation: City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, fùes and records by Consultant throughout the term of the agreement. In addition thereto, the City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10. and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation: Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain !he City's account number indicated on Exhibit A, Paragraph 18 to be charged upon making such payment. 3. Administration of Contract: Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 3-10 , , 4. Term: This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages: The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the DefIDed Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant: A. Consultant is Designated as an FPPC Filer: If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the Ci!y Attorney. B. Decline to Participate: Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted 3-11 - _ _.om" _ _ _ _ ~___ __ _________~____ ------.----.-- - -++------ - a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific 'Varranties Against Economic Interests: Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates ") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the DefIDed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the DefIDed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in 'conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold HarIIÙess: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the 3-12 / .. execution of the work covered by this Agreement, except oruy for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents. or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unftnished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions: In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 3-13 _7_ -- --~-_.~~-~---------------- ---" -..~.__._----_..__.._-- - -- --- ¡ 11. Assignabilit}": The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material: 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 patentrights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute. and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perform as an independent Consultant with sole control of the marmer and mearis of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent Consultant and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Ailmini<trative Claims Requirements and Procedures: No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and f¡]ed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 3-14 0 Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees: Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs: In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous: A. Consultant not authorized to Represent City: Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman: If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated part!es. D. Entire Agreement: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties: Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter 3-15 ~ ----~-~~-~- into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. VeDue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 3-16 ,n Signature Page to Agreement between City of Chula Vista and Dudek and Associates, Inc. for Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 11 Po. " (ð , 1999 Dated: ~A}¡P , '¿<; , 1999 Dudek and Associates, Inc. City of Chula Vista /: ' .' '- B' ßrl / ;.' 1-/1''''- . y. ·J.I......./r.:.'!-:: ,:t.t.,.' , :LJ'Ø1· c)/ Shirle/# Horton, Mayor i Attest: ~l.{ñ.l~J~'I'i) Susan Bigelow, Ity Clerk Approved as to form: Ád M. Kaheny, City Attorne Exhibit And Attachment List to Agreement (X) Exhibit A (X) Attachment No.1 3-17 .. . ...--. -..--,,-....----..--.-- Exhibit A Agreement between City of ChuIa Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: June 8, 1999 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 4. Name of Consultant: Dudek and Associates, Inc. 5. Business Form of ConslÙtant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of ConslÙtant: 605 Third Street Encinitas, CA 92024 Voice Phone (760) 942-5147 Facsimile (760) 632-0164 3Àl~ 7. General Duties: The general duties for the consultant include preparing environmental studies and assessment, and preliminary design for the Salt Creek Gravity Sewer Trunk. The engineering and environmental services include developing alternative alignments, evaluating those alignments based on engineering and environmental constraints, selecting the most appropriate alternative, identifying the environmental constraints, and determining the required environmental documentations for the most appropriate alternative to satisfy California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) regulations. The fmal product for this project shall consist of a report on environmental assessment and evaluation, a Preliminary Design Report including the basis for design, and layout of the selected sewer alignment including plan and profile of the pipeline. The preliminary plans shall include plan view and profile with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines. The Preliminary Design Report shall also include sewer line data, environmental constraints analysis, environmental assessment documentation requirements, construction phasing and scheduling, and cost estimates. All the engineering and environmental services shall be completed in accordance with this -agreement and as further described in the attached document titled "Request for Proposals to Provide Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk." (Attachment No.1). Said document was issued by the City of Chula Vista in December of 1998. 8. Defmed Services A. Detailed Scope of Work: Element 1: Data Collection and Review Task 1.1- Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall project structure and goals. Task 1.2- Collect Existing Data Collect previous studies, reports, aerial photos, environmental and planning documents, and other available background information necessary for the project. Task 1.3- Develop Evaluation Criteria Develop environmental and engineering criteria for evaluating the pipeline altematives. These criteria will be the basis for the development of the alignment and subsequent alternative evaluations. Task 1.4- Present Utility Data 3-Ä92 . ....._-~._-,~._._."_._..__.__._.- ----.-.---------- - --- .---- -- -.~ The Consultant shall contact local utility companies to locate existing utilities. exisTing sewer lines, and other pertinent information within the pipeline corridor and he shall presenT the utility data on the base maps. Element 2: Mapping The City of Chula Vista will provide digital data on CD-Rom disk in a format compatible with the Consultant Computer Aided Drafting and Design (CADD) system.' This data will consist of existing sewer lines, location of pump stations, orthophotos, existing topography, and other layers necessary to create the foundation for the alternative alignments. These data shaH be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the altemative alignments. Element 3: Environmental and Archeological constraints Analysis, Evaluations, and Regulatory Agencies Requirements Tills element will identify primary environmental and archeological constraints for the proposed alignment alternatives based on the pipeline corridors identified in previous studies and available information. The analysis shall include the following tasks: Task 3.1- En\'ironmental and Archeological Constraints Analysis Collect and review existing environmental and archeological data. Perform a field reconnaissance of environmental and archeological resources. Conduct a program level analysis of cultural resources, including compiling and reviewing existing data for the project and preparing cultural resources summary to be included in the constraints analysis. Task 3.2- Regulatory Requirements Provide recommendations as to which local, state and federal regulatory requirements may affect implementation of the project. Outline, in detail, the necessary documentation and permitting processes required to satisfy CEQA, NEPA, County, State and Federal Endangered Species Acts for the proposed alignment. Include the required permitting fees and estimated mitigation cost in the cost estimate ófthis project. Task 3.3- Technical Memorandum Prepare a technical memorandum summarizing the results of the constraints analysis and required environmental documentation. The summary shall consist of a compilation of resource data, a discussion of known and potential areas of environmental resource sensitivity, and recommendations for future compliance studies. 3..,Q..Q Element 4: Alternatives Analysis Task4.! Develop Alternative AJignments Develop alternative alignments for the sewer trunk. These alignments shall be selected based on data obtained during the Data Collection and Review (Element I) and the Environmental Constraints Analysis (Elements 3). Task 4.2 Altemative Analysis Perform an evaluation of each alternative alignment. This evaluation shall include a minimum of three alternative alignments and shall consider new technology including but not limited to pipe tunneling or pipe bursting for the westerly portion of Reach 9 (from Interstate 5 to Interstate 805). These analysis shall include, but not be limited to, the following factors: - Environmental constraints - Archeological constraints - Geotechnical constraints - Constructability - Existing features - Topography - Costs - Acquisition of Right of Way constraints Task 4.3 Select Recommended Alignment Based on the analysis in Task 4.2, select the most appropriate alignment. Provide a detailed description of the analysis process and the features of the recommended alternative. Element 5: Preparation of Preliminary Design Report Task5.! Preliminary Design Report Prepare a Preliminary Design Report. The report shall include design criteria, pipeline alignment, hydraulic calculations, sIze and slope requirements, environmental constraints, archeological constraints, geotechnical constraints, proj ect cost and schedule, and construction requirements. The Sewer Design Criteria of the CÍty of Chula Vista Subdivision Manual, and the City of Chula Vista Design Standards shall be used for tlús process. Chula Vista will provide the Consultant with copies of such Subdivision Manual and Design Standards. Task 5.2 Route Location and Access Plans Prepare preliminary pipeline alignment plan and profile design scaled drawings on size "D" sheets, with 1"= 100' horizontal scale, 1"=10' vertical scale, and 10 foot interval topographic lines. The drawings shall be presented to depict the interceptor route, access locations, environmentally sensitive areas, and other 3-Â:14 -- ~ -- -~--- ......--"-,,-- fearures related to the pipeline design. The plans sha1l be included with the Preliminary Design Report. Task 5.3 Construction Cost Estimate Prepare preliminary cost estimate. This cost estimate shall include costs associated with environmental documentation and mitigation, design, and construction of the interceptor. The cost estimate shall be included with the Preliminary Design Report. Task 5.4 Project Schedule Prepare a comprehensive schedule for environmental documentation and mitigation, pipeline design, contract bidding selection, and construction for the different phases of the proj ect. The schedule sha1l be included with the Preliminary Design Report. Task 5.5 Use of Computer lùded Design Prepare the [mal design using Computer Aided Design (CAD), and deliver a1l graphics and plans in AutoCAD/DWG Version 14 file format. Element 6: Respond to the City of Chula Vista Comments on the Submittals All submittals sha1l be subject to the approval of the City of Chula Vista's staff. The Consultant shall evaluate and respond to a1l co=ents from the City's staff on the submittals until the [mal product is approved by the City's staff. Element 7: Important Issues The following are important issues that shall be considered in the preliminary design of the Salt Creek Gravity Trunk Sewer (SCGST): - Provide Sewer Services to Salt Creek Sewer Basin The fInal alignment of the SCGST shall be capabte of providing sewer services using gravity collection system to all existing and future facilities and developments located within the Salt Creek Sewer Basin. - City of San Diego Sewer Trunk The City of San Diego owns and maintains a gravity sewer trunk that parallels the Otay River and Faivre Street. This trunk is flowing at very low capacity . Therefore, there may be an option for the City of Chula Vista to reach an agreement with the City of San Diego to utilize this trunk as a bypass line on a temporary basis during the construction of the SCGST. The Consultant shall contact the City of San Diego to discuss said option and shall provide relevant information in the Preliminary Design Report. - Decommissioning Olympic Training Center Pump Stations 37f-~ The Olympic Training Center which is located easterly of Salt Creek is presently pumping wastewater into Otay Lakes Pump Station through existing three pump stations. The Consultant shall include in his design plans for decommissioning these pump stations and connecting the Olympic Training Center to the proposed SCGST via a gravity collection system. - Decommissioning Auto Mall Pump Station Consultant shall study the feasibility of decommissioning the Auto Mall pump station, which is located on the north side of Otay River. It will be desirable that all generated wastewater from the surrounding areas be connected to the SCGST via gravity collection system. The Consultant shall provide full analysis in his report to show how the connections from neighboring areas along the whole length of SCGST will be made. - Animal Shelter Pump Station The Animal Shelter Pump Station which is located on the north side of Otay River is going to be abandoned due to the relocation of the Animal Shelter facility . Therefore, the decommissioning of this pump station shall not be included in the design of this project. - Access Road Each manhole along the proposed SCGST shall be designed to allow for the construction of an access road with a turnaround where an existing road is not available to provide access for the future maintenance of the SCGST. - Construction Staging Areas Consultant shall analyze the construction zone and identify areas that can be used to stage construction operations. - Capacity in Telegraph Canyon Sewer Trunk The existing Telegraph Canyon Sewer Trunk is approaching its maximum flow capacity since some developments from non-tributary sewer basins have been pumping wastewater flows through Otay Lakes Road and East Orange Avenue Pump Stations. The Consultant shall evaluate the phasing of the SCGST and shall include analysis on the future decommissioning of all such pump stations to reduce the wastewater flow in the Telegraph Canyon Sewer Trunk. 3-,,3 -6 - ...~- -.----.,. .~_.- ..--- -. ----- .--._, ..-.._._._~ -.- - Provide Cost Estimate for Conœcting the Existing Facilities The cost for connecting all existing facilities within the tributary areas of the Salt Creek Sewer Basin and for connecting all the decommissioned pump stations to SCGST via gravity collection system shall be included in the Cost Estimate of this project. The removal and site restoration of these decommissioned pump stations shall also be included in the cost estimate. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions Insurance: $250,000 (not included in Co=ercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCADIDWG Version 14 file format showing existing aerial photographic and topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments analysis. . At the request of the Consultant the City of Chula Vista will provide any available "As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A. (X) Hourly Rate Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: 1. (X) Not-to-Exceed Limitation on Time and Materials Arrangements Notwithstanding tl}e expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the DefIDed Services herein required of Consultant for a lump sum of $54.950 (fifty four thousands and nine hundred and fifty dollars) including all Materials, and other "reimburseables" ("Maximum Compensation"). 2.( ) Limitation without Further Authorization on Time and Materials Arrangement At such: time as the Consultant shall have incurred time and materials equal to $ 3-g:~ Rate Schedule Categories of Employee Hourly of Consultant Name Rate Princiual En!!Íneer Mike Metts $125 Proiect Mana!!er Mike Metts $115 Proiect Engineer Cecil Rehr $ 95 Princiual Environmentalist June Collins $130 Environmentalist Harold Weir $130 Archaeologist Brian Smith $ 90 CAD Drafter Paul Caliguiri $ 65 ClericallW ord Processor Casev Larkin $ 45 ( ) Hourly rates may increase by 6 % for services rendered after , 1999 if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement: Expenses reimbursable by the City will include messenger service and overnight delivery (actual cost), facsimile (transmission only $0.25 per page), copying ($0.05 per page). However, such cost shall not exceed the aggregate of $250 without further authorization issued in writing by the City Engineer. 13. Contract Ac!mini~trators: City: Jamal Naji, Assistant Civil Engineer II, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Dudek and Associates, Incorporated. Frank Dudek 605 Third Street Encinitas, CA 92024 (760) 942-5147 371,2@ - - - ----_.-----~--"----_._.__.,_._..__.._--~- --~_._---"--"._---- (760) 632-0164 (Fax) 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. (X) FPPC Filer 16. Real Estate Broker: Not Applicable 17. Permitted Sub Consultants: Brian f. Smith and Associates (Archaeology Support) 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time. (X) Monthly. B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C. City's Account Number: 600-6008-SW219 19. Security for Performance: ( ) PerfoI1Ila]]ce Bond: ( ) Letter of Credit: ( ) Other Security: Type: Amount: $ (X) Retemion. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at 'their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 20% ( ) Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services 3-.i~ ( ) Other: 20. Deliverables and Due Date of Submittals The Consultant shall submit all the listed deliverable documents on the following due dates: Deliverable Documents Due Date 1- List of guidelines for selecting the different Tuesday, June 22, 1999 alignments . 2- Environmental assessment/evaluation and Wednesday, July 21, 1999 base maps for the different alignments. 3- Early draft on environmental and Wednesday, August 11, 1999 preliminary engineering evaluation of the selected alignment. 4- Draft of the Preliminary Design Report Tuesday, August 31,1999 including environmental analysis and engineering calculations (10 copies). Three sets of blue print copies (Size "D" sheets), showing a draft of the base maps for the sewer trunk alignment, including plans and profiles of the sewer trunk with 1" = 1 00' horizontal scale, I" = 10' vertical scale, and 10 foot interval topographic lines. 5- List of the agencies, required permits, fees, Tuesday, August 31 , 1999 and environmental guidelines for all local county, state and federal regulatory agencies that could require permits for this project. 6- Final Preliminary Design Report including Friday, October 29, 1999 environmental analysis and engineering calculations (10 copies). Said report shall discuss phasing, scheduling of the different reaches, cost estimate, including costs associated with environmental documentation, mitigation, permits, engineering design and construction. This submittal shall also include original mylars with three sets of blue print copies (size "D" sheets), showing the Final Preliminary Design including plans and profiles with 1 "= 100' horizontal scale, 1 "= 10' vertical scale, and 10 foot interval topographic lines. 3-."Q70 , . -_.~---_.."._---------- --- --- ¡ 1 í '. 7- CD-Rom disks containing the Final Friday, October 29, 1999 Preliminary Design in AutoCADIDWG Version 14 file format (2 sets). CD-Rom disks containing the Final Preliminary Design Report in WordPerfect Version 6.1 file format (2 sets). Unless otherwise stated above, all re-submittals shall be due within 14 calendar days after they are returned to the Consultant. H:\HOME\ENGINEER\SEWER99\SAl.TCREE\SAL TCREK.AGR 3\-211 r :-"', In '-, -, " ~ .",- " ;;......;----..-. LIJ ~ - '. CI) - - - - - '--- \, ~ - ", -. ,...-.,,~ ~,:: , ", c~_,~.-,-..,~_,___, '", , ~.' ""'èff'~ ~~. r- ::::) '-, ~ a::.'þ. . t. , M co ,t.,-", .... \)~ . ~ . ,; ~ 0 - L·· \\ - I __~"'- _ \, Z -.- \ "--::- - -- - - --.... " - '----- - - .. . - .- ~- - , it¡ ---- \ - - Z - '.11 ~- ~ --, - :E - .....- ~ - ::I: - - U ~ - (..) ~ - ...... ..... - ~ ~ - ---- -. . -- - " - - " - .- - - ...-- ; - --- '--., ::,...-- \\\~ . .--- À-;;;--:'- .~:0 <{z. "~ ' . t: ,.-:--~ /: ,../ ¿ . , .'- ,-~. .. ' .' r ' ~.-J_" - - - .. -- - 3-29 ; 20. Deliverables and Due Date of Submittals The Consultant shall submit all the listed deliverable documents on the following due dates: ITEMS DOCUMENTS NO. OF DUE DATE I COPIES First submittal Report updating the EDU counts witrun the 10 May 26,2000 I tributary gravity sewer basins, hydraulic analysis of the final alignment. Copies of the environmental pen1Út applications. Second First draft of plans for the final alignment, 10 June 19,2000 Submittal geotechnical and soil report, pot holing report, update on the environmental pen1Úts processing, right-of-way documents and easement plats. , Third Submittal Second Draft Plans and Specifications for 10 August 31, 2000 the final alignment. Fourth Third draft plans and specifications for the 10 September 25,2000 Submittal I final alignment. Fifth submittal A complete bid package that include Plans 30 October 31,2000 and specifications, environmental I clearance and permits, and total cost I , estimate. , Final Submittal As Built Plans and Specifications , Three months after the , (Reproduce-able), and Operation and construction is completed Maintenance Manuals for any equipment installed along the proposed interceptor CD-Rom disks containing the As-Built i 2 Three months after the Plans in AutoCADIDWG Version 14 file , construction is completed format. I CD-Rom disks containing the As Built 2 Three months after the Specifications In Microsoft Word file construction is completed format. I File No. 0735-10-SW219 H:\HOME\ENGINEERISEWER \SEWER OO'.S.lt Creek\Dudek-Fin.1 -Design-Agreement I.,c.doc 3-30 1n CERTIFICA rr"'i)F LIABILITY INSURANCE' , DATE (MMlDDIYY) .. A CORD_ , . AUG 27 00 , MICHAEL J. HALL & COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 19880 NE 7TH AVENUE SUITE D RECEIVED DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORCED BY THE POULSBO WA 98370 POUCIES BELOW. PHONE: (360) 598-3700 '\f."P -t; PI?:fit:; i FAX: (360) 598-3703 '00 COMPANIES AFFDRDING COVERAGE INSURED I COMPANY A; GREENWICH INSURANCE COMPANY DUDEK & ASSOCIATES INC COMPANY B: HARTFORO FIRE INSURANCE COMPANY 605 3RD STREET CITY OF CHULA ViS· ,. COMPANY C: AMERICAN MOTORISTS INSURANCE COMPANY ENCINITAS, CA 92024 alTY CLERK'S omu COMPANY D: I COMPANY E: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NQ1WtTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. \~ TYPE OF INSURANCE POWCY NUMBER 1 POUCY EFFECTIVE POUCY EXPIRATION LIMITS LTI! DATE(MMIDDIYY} DAT1õ(MMItIOI'fY} GENERAL UABIUlY S2SBKLE0112 AUG 28 00 I AUG 28 01 EACH OCCURRENCE I' 1,000,000 ~ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any One Fire) , 300,000 l CLAIMS MADE I~ OCCUR MED. ËXP (Any One Pe~on) I' 10,000 SiX CONTR;.,CTUAi.. UAB:UTY PERSONAL & AO\I INJURY I, 1,000,000 e- I I GENERAL AGGREGATE I' 2,000,000 ~N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. , 2,000,000 h POLICY n PROJECT n laC I I AUTOMOBILE UABlLITY 52UENGK6404 AUG 28 00 1 AUG 2801 COMBINED SINGLE LIMIT I ¡...,.:.. I (Eaaccident) I, 1,000,000 X ANY AUTO . I e- ALL OWNED AUTOS i BODILY INJURY I, '- I (Per person) 0 SCHEDULED AUTOS , ; B e- ¿ HIRED AUTOS BODIL V INJURY i I' 0 ¿ NON...QWNED AUTOS (Per accident} I I e- ! PROPERTY DAMAGE 1, 0 , I I , ¡ I GARAGE LIABILITY I IAUTOONLV.EAACCIDENT is 0 R ANY AUTO i I j?THER THAN EAACC Is 0 I I I AUTO ONLY. AGG ! S 0 ~~= I I EACH OCCURRENCE " U , OCCUR 0 CLAIMS MADE , I ;GGREGA TE is 0 I I' 0 ! DEDUCTIBLE I I: I' 0 RETENTION S ! I' 0 I WORKERS COMPENSATION AND I 7CW305330 I AUG 28 00 AUG 28 01 IWCSTAT\J-, I I OTHER I EMPLOYERS' UABILrTY I I, 1,000,000 c I E.L. EACH ACCIDENT í I 1,000,000 I , E.L ·D!SE:\SE·EA EMPLOYEE , I I E.L DISEASE-POUCY LIMIT , 1,000,000 I IU Ht:K: PECOO05283 AUG 2800 AUG 28 02 A , DESCRIPTION OF OPERA TIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: SALT CREEK GRAVITY SEWER TRUNK CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER I i ADDmONAL INSURED; INSURER LETTER: CANCELLATION r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 Q'AYS WRITTEN CITY OF CHULA VISTA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PUBLIC SERVICES BUILDING COMPANY, ITS AGENTS OR REPRESENTATIVES. 276 FORTH AVENUE CHULA VISTA, CA 91910 AUTHORIZED REPRESENTATIVE t2?4 7µ SUSAN BIGELOW, CITY CLERK 3-31 ;Z Attention: UN__.___ __,~ ___ __.__,_, _____.__~_______.__~__' · POLICY NUMBER: 52SBKLE0112 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF CHULA VISTA PUBLIC SERVICES BUILDING 276 FORTH AVENUE CHULA VISTA, CA 91910 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. CG 20 10 1093 Copyright. Insurance Services Office, Inc., 1992 3-32 Cemficate # 6611 .' ,"J - AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRA VITY SEWER INTERCEPTOR This agreement (" Agreement"). dated ~~ d ',dOOO for the purposes of reference only. and effective as of the date last executed unless another date is otherwise specified in Exhibit A. Paragraph I is between the City ofChula Vista, hereinafter called "City", whose business fom is set forth on Exhibit A. paragraph 3, and Dudek & Associates. Inc. hereinafter called "Consultant," the entity indicated on the attached Exhibit A. paragraph 4, as Consultant, whose business form is set forth on Exhibit A paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A. paragraph 6 ("Consultant"), and is made with reference to the following facts: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor~ and WHEREAS. there is a need for additional consultant service, in order to prepare the tìnal design plans necessary for the construction of the Salt Creek Gravity Interceptor. and~ WH EREAS, the City requires further consultant services in order to prepare the necessary environmental documents and obtain the required environmental permits, and; WHEREAS, Wolf Canyon Trunk Sewer is tributary to the Salt Creek Gravity Sewer and the City desires to expedite the design and environmental processing of the Wolf Canyon Trunk Sewer. at the request of the developers within that basin who have a vested interest in the project and who will be funding a portion of the project costs, and; WHEREAS. there is a need for consultant services in order to prepare the design plans, prepare the necessary environmental documents and obtain the required environmental permits necessary for the construction of the Wolf Canyon Tnlllk Sewer, and; WHEREAS. pursuant to Chula Vista Municipal Code Section 2.56.070 Council determined that competitive bidding is impractical. and waived the nomal consultant selection process, because Dudek & Associates have extensive experience and familiarity with the Salt Creek Gravity Sewer Interceptor project, having completed the preliminary design for the project and this agreement will result in enhanced continuity of the project and expedite the timely completion of design of the project and processing of the necessary environmental permits, and; 3-33 _1_ ,....__._~._- --- --~--_._--~._---_._-_._--- ; WHEREAS. Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions 0 this Agreement. NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in the attached Exhibit A. Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule: In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A. Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A. Paragraph 8, and deliver to the City such Deliverables as are identified in Exhibit A. Paragraph 8, within the time rrames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated shall not terminate this agreement. except at the option of the City. C. Reductions in Scope of Work: City may independently, or upon request from Consultant. rrom time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services: ]n addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A. Paragraph II, unless a separate fixed fee is otherwise agr¡;ed upon. All compensation for Additional Services shall be paid monthly as billed. E, Standard of Care: Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance: Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against 3-34 -2- ) the risk ofloss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of" A. Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A. Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A. Paragraph 9, combined single limits applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A. Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage: (1) Certificates of Insurance: Consultant shall demonstrate proof of coverage herein required. prior to the commencement of services required under this Agreement, by delivery of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required: In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager H. Security for Performance: (1) Performance Bond: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk rytanager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. Said Performance Bond to be furnished and delivered to the City of Chula Vista immediately following signing of contract by both parties and before any work is started. Work timetable begins upon delivery of said Performance Bonds. (2) Letter of Credit: In the event that Exhibit A. at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered 3-35 , -J- .-.u.__.._._'_'_.__ w .__" ..__....._._ _._--_..,_.._-,,----"-_._--_._.__._~--_._- -~-- discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A (3) Other Security: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License: Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City: A. Consultation and Cooperation: City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and !,'Uidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto. the City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement B. Compensation: Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II. adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 to be charged upon making such payment. 3. Administration of Contract: Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 3-36 _4_ 4. Term: This A!,'Teement shall terITÚnate when the Parties have complied with all executory provisions hereof 5. Liquidated Damages: The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting rrom delay in perfonnance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control. other than delays caused by the City, shall be requested in writing to the City's Contract Administrator. or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant: A. Consultant is Designated as an FPPC Filler: If Consultant is designated on Exhjbit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement ofEconoITÚc Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate: Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term 3-37 -5- -~-~_._---~~-~-~_._--- "'-.~-- "----------..--- .....-.-..-- is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement D. Promise Not to Acquire Conflicting Interests: Regardless of whether Consultant is designated as an 'FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act E. Duty to Advise of Conflicting Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests: Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly. whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles rrom the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"). other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written pj:rmission of City. 7. Hold Harmless: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees. fi-om and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising fi-om the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's 3-38 -6- indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims. whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause: If. through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder. and less any damages caused City by Consultant's breach. 9. Errors and Omissions: In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof. at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability: The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by 3-39 -7- . ..--..-..---,-.------.-..., ,--.--.-.- _._--~-"._~~_..._.__._-- -'.._- assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports. studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perfonn as an independent Consultant with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents. employees or representatives are, for all purposes under this Agreement, an independent Consultant and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harrruess with regard thereto. 14, Administrative Claims Requirements and Procedures: No suit or arbitration shall be brought arising out of this agreement, ¡¡gainst the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees: 3-40 -R- Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. . 16. Statement of Costs: In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous: A. Consultant not authorized to Represent City: Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman: rfthe box on Exhibit A., Paragraph 16 is marked. the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices. demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties: Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction rrom its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, 3-41 -9- _.__..__._~--_..- --- -----.---- .... ._-----~-----_.- - ._.~ ---_. .-. .. -- State of Calûonúa, and if applicable, the City of Chula Vista, or as close thereto as possible Venue for this Agreement, and performance hereunder, shaIl be the City of Chula Vista 3-42 -10- Signature Page to Agreement Between The City ofChula Vista and Dudek & Associates, Inc For the provision of Environmental and Engineering Services required for the Final Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer IT WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: DATED:6k:!m CITY OF CHULA VISTA BY~~ Shirley Horto Mayor Attest: =----=zu~~ Susan Bigelow City Clerk Approved as to form .'- \~ / ;.ft ~ )ön M. Kaheny /..--:;' ~ity Attorney DATED: '"')--/-,cL Dudek and Associates, Inc. 1/'~:!h~H) Exhibit List to Agreement .J..1c Ño. ~¡~ *oz. -0 '3 (X) Exhibit A 3-43 -]1- -----~~ - -- - -~-----~-~~--- ~---_...__.._--..---_.__._--_.+- --+- , Exhibit A to Agreement between City of Chula Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City ofChula Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Consultant: Dudek and Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) P artnershi p (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third Street Encinitas, CA 92024 Voice Phone (760) 942-5147 Facsimile (760) 632-0164 3-44 -12- , , 7. General Duties: A. Salt Creek Gravitv Sewer Interceptor The scope of work for this project consists of evaluating the alignment that was proposed in the Preliminary Design Report based on engineering and environmental constraints, identifYing the environmental constraints and obtaining the required environmental pel1TÚts to satisfY CEQA and NEP A regulations, and preparing plans and specifications for the construction of the sewer interceptor. The final product of this project shall consist of hydraulic calculations supporting the final design, environmental and encroachment pel1TÚts from all the regulatory agencies that have jurisdiction over this project, a detailed cost estimate, soil reports, a phasing schedule, and a complete biddable construction package that include plans with photo strips and profiles, and technical specifications for constructing the sewer interceptor. B. Wolf Canyon Trunk Sewer The scope of work for this project consists of detel1TÚning an alignment based on engineering and environmental constraints, identifYing the environmental constraints and obtaining the required environmental permits to satisfY CEQA and NEP A regulations, and preparing plans and specifications for the construction of the sewer interceptor. The final product of this project shall consist of hydraulic calculations supporting the final design, environmental and encroachment permits from all the regulatory agencies that have jurisdiction over this project, a detailed cost estimate, soil reports, a phasing schedule, and a complete biddable construction package that include plans with photo strips and profiles, and technical specifications for constructing the sewer interceptor. The following sections present a detailed discussion of the Final Design of Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer scope of work. 8. Defined Services A. Detailed Scope of Work For the Salt Creek Gravity Sewer Interceptor: Element 1: Data Collection and Review For Final Design Task 1.1 Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall project structure and goals. Task 1.2 Collect Exiting Data Collect previous studies, reports, aerial photos, hard and electronic, copy of the Preliminary Design Report, environmental and planning documents, and other available background information necessary for the project. 3-45 -13- .. _____ ___ - ~_ _.--0-.," \ Task 1.3 Present Existing Utility Data Contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and present the utility data on the base maps. Element 2: Project Design For Final Design Task 2. I Evaluate the Proposed Alignment in the Preliminary Design Report Evaluate the feasibility of the proposed alignment that was recommended in the Preliminary Design Report by Dudek and Associates, Inc. on the basis of environmental and economical constraints. Task 2.2 Update of the Gravity Basin (EDU) Review, verify and update the land uses within the sewer gravity basins that will be discharging into Salt Creek Sewer Basin based on current projections and determine the wastewater flows that wi!1 be discharged into Salt Creek Sewer Basin at buildout. The update shall include but is not limited to Salt Creek Sewer Basin, Poggi Canyon Sewer Basin, Wolf Canyon Sewer Basin, and Main Street Sewer Basin. Task 2.3 Hydraulic Analysis and design Perform hydraulic analysis and design the sewer interceptor using gravity collection system to convey the flows generated £Tom all existing and future facilities and developments within the Salt Creek Sewer Basin and the surrounding tributary basins. The submittal shall include a complete and detailed hydraulic report outlining the calculations, basis of assumptions, and criteria utilized in the design. Task 2.4 Pump Stations Decommissioning plans Prepare detailed plans for decommissioning the following four pump stations along the sewer interceptor alignment: a. Otay Lakes Road Pump Station b. Olympic Parkway Pump Station c. Olympic Training center (OTC) pump station d. Auto Park Pump Station Element 3: Surveying and Aerial Photography For Final Design Task 3.1 Set aerial control points along the alignment. Task 3.2 Establish horizontal and vertical control points, based on City of Chula Vista benchmarks. 3-46 -14- , , Task 3.3 Paint existing manholes, valves and related utilities prior to start of aerial photography Task 3.4 Prepare topographical maps at scale of I "=20' and I foot contour line intervals. Note: All surveying shall be done per the City of Chula Vista Surveying Standards. Any exceptions shall be defined by the City engineer. Element 4: Geotechnical investigation and Soil Reports For Final Design Task 4.1 Perform series of borings along the proposed sewer line alignment. Task 4.2 Obtain soil classification, density, and locate water table elevations, moisture contents and seismic conditions. Task 4.3 Recommend trench preparation. Task 4.4 IdentifY locations where micro-tunneling or pipe bursting methods will be feasible. Task 4.5 Evaluate soil reports and recommend structural sections for pavement reconstruction and resurfacing along the path of the alignment. Task 4.6 Pot hole, verifY, and mark the locations of all existing utilities along the proposed alignment. Element 5: Preparation of Final Design Drawings Task 5.1 The Design drawings shall be prepared using Computer Aided Design (CAD) and all graphics shall be presented in AutoCAD/DWG file format. Task 5.2 Prepare Title Sheet (minimum I sheet) and General Index Sheets (minimum 3 sheets). Task 5.3 Place bori~g logs on D-size sheets (minimum 4 sheets). Task 5.4 Prepare plans with photo strips and profiles sheets at a minimum scale of 1"=20' scale and minimum I foot interval topographic lines of the alignment (minimum 130 sheets). Task 5.5 Plot existing utilities and prepare plans and specifications for relocating any utilities or structures that will interfere with the proposed alignment. Provide road access with turnaround to each manhole along the proposed alignment to provide access for future maintenance of the interceptor. 3-47 -15- - ....--~..._- "--- ,_.,...._----_._.~_._--- ----~---_._----_.- Task 5.6 Details connections, metering station, pump station decommissioning, details of connecting existing facilities and nùscellaneous piping requirements (nùnimum 14 sheets) Task 5.7 Analyze the construction zone and mark areas that shall be used to stage construction operations Task 5.8 Prepare traffic control plans required to facilitate the construction of the project and to nùninùze the traffic interruptions in the surrounding areas (minimum 24 sheets). Element 6: Identifying Environmental Constraints, Preparing Requisite Environmental Dòcuments and Obtaining all Related Permits Related to Final Design Task 6.1 Environmental Document Preparation (Initial Study and Mitigated Negative Declaration or Environmental Impact Report) The consultant shall prepare an Environmental Initial Study, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (Public Resources Code 21080), in order to determine if there are significant environmental impacts, the level of potential impacts and the appropriate CEQA document (i.e. Environmental Impact Report, Mitigated Negative Declaration, etc) for the project. Consultant shall prepare the appropriate CEQA document (i.e. Environmental Impact Report, Mitigated Negative Declaration, etc.). including draft findings and a Mitigation Monitoring and Report Program. Task 62 General Biological Reconnaissance and Biological Resources Technical Report As part of the preparation of the environmental document, consultant (or a qualified sub-consultant) shall prepare a biological technical report in accordance with CEQA. Said technical report shall include any required biological surveys for sensitive resources including but not linùted to the Quino Checkerspot Butterfly, California Gnatcatcher and Otay Tarplant. , Task 6.3 Coordination and Meetings with Resource Agencies regarding Wetlands Permitting Consultant shall meet with the Army Corps of Engineers (ACOE), California Department ofFish and Game (CDFG), u.s. Fish and Wùdlife Service (FWS) and City staff to discuss pennitting requirements and potential impacts to state- and federally-listed threatened and endangered species. Task 6.4 Section 404 Permit Application 3-48 -16- Consultant shall identify and prepare required state and federal environmental permits (Section 404 Nationwide Pennit or Section 404 Individual Permit) Task 6.5 Section 401 Water Quality Certification/Waiver Application Consultant shall complete and submit an application for a Section 401 Water Quality CertificationlWaiver to the RWQCB. Task 6.6 Section 1601 Streambed Alteration Agreement Consultant shall submit to the CDFG an application for a Section 1601 Streambed Alteration Agreement. The application shall include a project description, a statement of purpose and need, an alternatives analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures and copies of the wetland permit applications submitted to the RWQCB and ACOE. Task 6.7 Habitat Enhancement Plan (Conceptual Mitigation and Monitoring Plan), Plans and Specifications for the RevegetationlMitigation Areas Consultant shall prepare a written habitat enhancement plan, which will serve the purpose as a conceptual wetland mitigation and monitoring plan. The plan will be prepared as a written report in the format acceptable to the City of Chula Vista and compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigation sources, erosion control, maintenance and monitoring requirements, and outline reporting/documentation requirements. The report will be submitted for review by the City of Chula Vista, as well as submitted as to the resource agencies as a follow-up to the pennit applications. Consultant shall prepare a biddable set oflandscape construction documents for the revegetation areas. These plans shall be detailed plans sufficient for bidding and ultimate construction. The plans shall implement the design intent of the habitat enhancement plan (conceptual mitigation plan) report, and shall incorporate client requested changes, and modifications due to actual field conditions as necessary. These plans shall include site preparation plans, planting pjans, irrigation plans, legends, installation specifications, and required installation details. Consultant shall also include a cost estimate based upon the final revegetation plans, for budgeting, bonding and bidding purposes. Task 6.8 Focused Quino Checkers pot Butterfly Survey Consultant shall conduct a habitat assessment and an adult flight survey for the quino checkerspot butterfIy in accordance with the U.S. Fish and Wildlife Service (FWS) 2001 Survey Protocol. It is assumed for the purposes of this Scope of Work, that the 2001 Survey Protocol will not differ substantially 3-49 _17_ _._------_.._._-_._.~--,---_._--------- -------- -"-~.._---~_._- ITom the 2000 Survey Protocol. A report will be prepared and submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. All mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.9 Focused California Gnatcatcher Survey If the Subarea Plan is not in place prior to permitting. Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Data collected during the survey will be used to estimate the number of California gnatcatchers on the project site and to identifY those areas, if any, supporting high California gnatcatcher population densities. Task 6. ] 0 Assessment of Impacts and Development of Conceptual Mitigation Scenarios for State and Federally-listed Plant and Animal Species Consultant shall review the proposed project alternatives with regards to impacts to state- and federally-listed plant and animal species. Consultant shall coordinate with the City regarding efforts to avoid and minimize impacts to protected species. Consultant shall quantify impacts associated with the previously identified project alternatives, and confirm that the preferred project alternative is the Least Environmentally Damaging Project Alternative (LEDP A) Task 6.11 Section 7 Consultation, Section 10(a) Take Permit, and 4{d) Permit In the event that take authorization for any listed species that are impacted by the proposed activities is not available through the Subarea Plan, the U.S. Fish and Wildlife Service and the California Department of Fish and Game will determine the appropriate mechanism for take authorization at the time of permit application (e.g. 4(d) permitting for gnat catchers only) or (e.g. individual Section 7 consultations or 10 (a) permits for gnatcatcher and quino checkerspot). Consultant shall be responsible for identifying and preparing all state and federal environmental clearances (Section 7 Consultation, Section 10(a) Take Permit, 4(d) Permit etc. identified by the resource agencies) including preparation of all documents, permits and applications and in cooperation with the City of Chula Vista's Environmental Review Coordinator. Task 6.12 Archeological Significance Testing Consultant shall conduct archeological significance testing on identified sites within the project disturbance area to evaluate potentially significant impacts to cultural resources. 3-50 -1 R_ . · Element 7: Preparation of Detailed Cost Estimate Based on Final Design Task 7.1 Prepare a detailed total cost estimate for constructing the sewer interceptor. This estimate shall include but is not limited to mobilization, clearing and grubbing, acquisition of right of way, excavation, dewatering, shoring, bedding, backfilling and compaction, hauling, manholes, piping materials, metering station, micro-tunneling, pipe bursting, connecting existing facilities, pavement resurfacing or reconstruction, clean up, testing, environmental permits, encroachment permits, acquisition of mitigation land and sewer easements, utilities relocation, traffic control, environmental mitigation, overhead and profit, contingency and any other costs that may be required to construct the sewer interceptor. Element 8: Preparation of Specifications For Required Construction Task 81 Prepare technical specifications in CSI (divisions format) in accordance with the City of Chula Vista "Boilerplate". The specifications shall include construction, traffic control, installation of various pipes, shoring, pavement reconstruction and resurfacing. materials, micro-tunneling, utilities relocation, testing, rehabilitating sections of the existing sewer interceptor, decommissioning of the pump stations, and protection and restoration of existing improvements. Element 9: Preparation of Required Right-of-Way Documents and Obtaining all Encroachment Permits Task 9.1 Preparation of Required Right-of-Way Documents. Task 9.1.1 Determine all the required right-of-way and easements necessary to construct the project. Task 9.1.2 Prepare all necessary right-of-way documents (including but not limited to legal description, easement plats, permits to enter and construct, etc.) necessary to construct the project. Task 9. U Assist the City's appraisal consultant, and Right-of-Way agent as needed to obtain all tñe necessary right -of-way and easements necessary to construct the project. Task 9.1.4 IdentifY and obtain encroachment permits as deemed necessary by other agencies such as but is not limited to Caltrans, Unified Port District, Metropolitan Transit Development Board, San Diego Gas And Electric, Otay Water District, Sweetwater Authority and the City of San Diego. 3-51 .10_ -,--+- ----~----- ----- _______w__..._.~_.·_ _._... u_~__,_.______._+._ Element 10: Construction Support Services Task 10.1 Attend pre-construction meeting and answer questions. Task 10.1 Review and approve shop drawings. Task 10.3 Review, approve and process Construction Changes within two days period of request uruess otherwise instructed by the Project Manager. Incorporate all Construction Changes in the "As Built" plans. Task 104 Periodically attend construction meetings as requested by the Project Manager. Task IOj Prepare "As Built" plans with all Construction Changes. B. Detailed Scope of Work For the Wolf Canyon Trunk Sewer: Element 1: Data Collection and Review Task 1.1 Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall project structure and goals. Task 1.1 Collect Exiting Data Collect previous studies, reports, aerial photos, hard and electronic, copy of the Preliminary Design Report, environmental and planning documents, and other available background information necessary for the project. Task 1.3 Present Existing Utility Data Contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and present the utility data on the base maps. Element 2: Project Design Task 2.1 Determine an Alignment for the Trunk Sewer Develop pipeline alignment alternatives, and determine an alignment in conjunction with City staff, that takes into consideration; environmental constraints, construct ability, existing features, topography and cost. Task 2.2 Hydraulic Analysis and design Perfonn hydraulic analysis and design the trunk sewer using gravity collection system to convey the flows generated ITom all existing and future facilities and developments within the Wolf Canyon Basin and the surrounding tributary basins. The submittal shall include a complete and detailed hydraulic report 3-52 -10- outlining the calculations, basis of assumptions, and criteria utilized in the design. Element 3: Surveying and Aerial Photography For Final Design Task 3.1 Set aerial control points along the alignment. Task 3.2 Establish horizontal and vertical control points, based on City of Chula Vista benchmarks. Task 3.3 Paint existing manholes, valves and related utilities prior to start of aerial photography Task 3.4 Prepare topographical maps at scale of I "=20' and 1 foot contour line intervals. Element 4: Geotechnical investigation and Soil Reports For Final Design Task 4. I Perform series of borings along the proposed sewer line alignment. Task 4.2 Obtain soil classification, density, and locate water table elevations, moisture contents and seismic conditions. Task 4.3 Recommend trench preparation. Task 4.4 Identify locations where micro-tunneling or pipe bursting methods will be feasible '(If necessary). Task 4.5 Evaluate soil reports and recommend structural sections for pavement reconstruction and resurfacing along the path of the alignment. Task 4.6 Pot hole, verify, and mark the locations of all existing utilities along the proposed alignment. Element 5: Preparation of Final Design Drawings Task 5.1 The Design drawings shall be prepared using Computer Aided Design (CAD) and all graphics shall be presented in AutoCADIDWG file format. Task 5.2 Prepare Title Sheet (minimum I sheet) and General Index Sheets (minimum 3 sheets) Task 5.3 Place boring logs on D-size sheets (minimum 4 sheets). 3-53 _71- Task 5.4 Prepare plans with photo strips and profiles sheets at a ITÙnimum scale of 1"=20' scale and minimum I foot interval topographic lines of the alignment (ITÙnimum 130 sheets). Task 5.5 Plot existing utilities and prepare plans and specifications for relocating any utilities or structures that will interfere with the proposed alignment. Provide road access with turnaround to each manhole along the proposed alignment to provide access for future maintenance of the interceptor. Task 5.6 Details connections, details of connecting existing facilities and ITÙscellaneous piping requirements (minimum 14 sheets) Task 5.7 Analyze the construction zone and mark areas that shall be used to stage construction operations Task 5.8 Prepare traffic control plans required to facilitate the construction of the project and to miniITÙze the traffic interruptions in the surrounding areas (minimum 24 sheets). Element 6: Identifying Environmental Constraints, Preparing Requisite Environmental Documents and Obtaining all Related Permits Related to Final Design Task 6.1 Environmental Document Preparation (Initial Study and Mitigated Negative Declaration or Environmental Impact Report) The consultant shall prepare an Environmental Initial Study, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (Public Resources Code 21080), in order to detenrune if there are significant environmental impacts, the level of potential impacts and the appropriate CEQA document (i.e. Environmental Impact Report, Mitigated Negative Declaration, etc) for the project. Consultant shall prepare the appropriate CEQA document (i.e. Environmental Impact Report, Mitigated Negative Declaration, etc.), including draft findings and a Mitigation Monitoring and Report Program. Task 6.2 Generall!iological Reconnaissance and Biological Resources Technical Report As part of the preparation of the environmental document, consultant (or a qualified sub-consultant) shall prepare a biological technical report in accordance with CEQA. Said technical report shall include any required biological surveys for sensitive resources including but not liITÙted to the Quino Checkerspot Butterfly, California Gnatcatcher and Otay Tarplant. Task 6.3 Coordination and Meetings with Resource Agencies regarding Wetlands Permitting 3-54 -22- ~---- _______·.·_,,__._.____.~m____ _ ._____ _ ___ ____ Consultant shall meet with the Army Corps of Engineers (ACOE), California Department ofFish and Game (CDFG), u.s. Fish and Wildlife Service (FWS) and City staff to discuss permitting requirements and potential impacts to state- and federally-listed threatened and endangered species. Task 6.4 Section 404 Permit Application Consultant shall identifY and prepare required state and federal environmental permits (Section 404 Nationwide Permit or Section 404 Individual Permit). Task 6.5 Section 401 Water Quality Certification/Waiver Application Consultant shall complete and submit an application for a Section 401 Water Quality Certification/Waiver to the RWQCB. Task 6.6 Section 1601 Streambed Alteration Agreement Consultant shall submit to the CDFG an application for a Section 1601 Streambed Alteration Agreement. The application shall include a project description, a statement of purpose and need, an alternatives analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan. all associated figures and copies of the wetland permit applications submitted to the RWQCB and ACOE. Task 6.7 Habitat Enhancement Plan (Conceptual Mitigation and Monitoring Plan), Plans and Specifications for the Revegetation/Mitigation Areas Consultant shall prepare a written habitat enhancement plan. which will serve the purpose as a conceptual wetland mitigation and monitoring plan. The plan will be prepared as a written report in the format acceptable to the City of Chula Vista and compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigation sources, erosion control, maintenance and monitoring requirements, and outline reporting! documentation requirements. The report will be submitted for review by the City of Chula Vista, as well as submitted as to the resource agencies as a follow-up to the permit applications. ConsultaJjt shall prepare a biddable set oflandscape construction documents for the revegetation areas. These plans shall be detailed plans sufficient for bidding and ultimate construction. The plans shall implement the design intent of the habitat enhancement plan (conceptual mitigation plan) report, and shall incorporate client requested changes, and modifications due to actual field conditions as necessary. These plans shall include site preparation plans, planting plans, irrigation plans, legends, installation specifications, and required installation details. Consultant shall also include a cost estimate based upon the final revegetation plans, for budgeting, bonding and bidding purposes. 3-55 -23- Task 6.8 Focused Quino Checkers pot Butterfly Survey Consultant shall conduct a habitat assessment and an adult flight survey for the quino checkerspot butterfly in accordance with the U.S. Fish and Wildlife Service (FWS) 2001 Survey Protocol. It is assumed for purposes of this Scope of Work, that the 2001 Survey Protocol will not differ substantially from the 2000 Survey Protocol. A report will be prepared and submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. All mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.9 Focused California Gnatcatcher Survey If the Subarea Plan is not in place prior to pemùtting, Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Data collected during the survey will be used to estimate the number of California gnatcatchers on the project site and to identifY those areas, if any, supporting high California gnatcatcher population densities. Task 6.10 Assessment of Impacts and Development of Conceptual Mitigation Scenarios for State and Federally-listed Plant and Animal Species Consultant shall review the proposed project alternatives with regards to impacts to state- and federally-listed plant and animal species. Consultant shall coordinate with the City regarding efforts to avoid and minimize impacts to protected species Consultant shall quantifY impacts associated with the previously identified project alternatives, and confirm that the preferred project alternative is the Least Environmentally Damaging Project Alternative (LEDP A) Task6.ll Section 7 Consultation, Section 10(a) Take Permit, and 4(d) Permit In the event that take authorization for any listed species that are impacted by the proposed activities is not available through the Subarea Plan, the U.S. Fish and Wildlife Service and the California Department of Fish and Game will detemùne the appropriate mechanism for take authorization at the time of permit application (e.g. 4( d) pemùtting for gnatcatchers only) or (e.g. individual Section 7 consultations or 10 (a) permits for gnatcatcher and quino checkerspot). Consultant shall be responsible for identifYing and preparing all state and federal environmental clearances (Section 7 Consultation, Section 10(a) Take Permit, 4(d) Pemùt etc. identified by the resource agencies) including preparation of all documents, permits and applications and in cooperation with the City of Chula Vista's Environmental Review Coordinator. Task 6.12 Archeological Significance Testing 3-56 _74_ "----------., . - -.--.".,- - .- Consultant shall conduct archeological significance testing on identified sites within the project disturbance area to evaluate potential]y significant impacts to cultural resources. Element 7: Preparation of Detailed Cost Estimate Based on Final Design Task 7. I Prepare a detailed total cost estimate for constructing the sewer interceptor. This estimate shall include but is not limited to mobilization, clearing and grubbing, acquisition of right of way, excavation, dewatering, shoring, bedding, backfilling and compaction, hauling, manholes, piping materials, metering station, micro-tunneling, pipe bursting, connecting existing facilities, pavement resurfacing or reconstruction, clean up, testing, environmental permits, encroachment permits, acquisition of mitigation land and sewer easements, utilities relocation, traffic control, environmental mitigation, overhead and profit, contingency and any other costs that may be required to construct the sewer interceptor. Element 8: Preparation of Specifications For Required Construction Task 8.] Prepare technical specifications in CSI (divisions format) in accordance with the City of Chula Vista "Boilerplate". The specifications shall include construction, traffic control, installation of various pipes, shoring, pavement reconstruction and resurfacing, materials, micro-tunneling, utilities relocation, testing, rehabilitating sections of the existing se'wer interceptor. decommissioning of the pump stations, and protection and restoration of existing improvements. Element 9: Preparation of Required Right-of-Way Documents and Obtaining all Encroachment Permits Task 9.1 Preparation of Required Right-of-Way Documents. Task 9.1.1 Determine all the required right-of-way and easements necessary to construct the project. Task 9.1.2 Prepare a1!'necessary right-of-way documents (including but not limited to legal description, easement plats, permits to enter and construct, etc.) necessary to construct the project. Task 9.1.3 Assist the City's appraisal consultant, and Right-of-Way agent as needed to obtain all the necessary right-of-way and easements necessary to construct the project. 3-57 -7<;- Task 9.14 IdentifY and obtain encroachment permits as deemed necessary by other agencies such as but is not limited to Caltrans, Unified Port District, Metropolitan Transit Development Board, San Diego Gas And Electric, Otay Water District, Sweetwater Authority and the City of San Diego. Element 10: Construction Support Services TaskIO.! Attend pre-construction meeting and answer questions. Task 10.2 Review and approve shop drawings. Task 10.3 Review, approve and process Construction Changes within two days period of request unless otherwise instructed by the Project Manager. Incorporate all Construction Changes in the "As Built" plans. Task 104 Periodically attend construction meetings as requested by the Project Manager. Task 10.5 Prepare "As Built" plans with all Construction Changes. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10, Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCAD/DWG Version 14 file format showing existing aerial photographic and Topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignment analyses. . At the request of the Consultant the City of Chula Vista will provide any available" As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A. (X) Hourly Rate Arrangement. F or performance of all of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: 1.(X) Not-to-Exceed Limitation on Time and Materials Arrangements 3-58 -2h- . _.~ . -------.- ~----~_. (X) Retention Percentage: I 0% ( ) Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services ( ) Other: 3-59 _7q_ nvy. U. L VV I , r. V:,Hlvr 1m ILVI ~. L ~{f? ",r'} A(jHMENT 'þ :~:_(: ===-........- - ~ - OTY OF CHUIA VlSfA DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION NovCD1ber 14, 2000 File No. 0735-10-SW219 Dudek aDd Associates. Inc. ". 605 TJrird Street Encinitas, CA 92024 . Attention:' . Cecil Rehr, Project Engineer PROPOSAL FOR THE RE-DESIGN OF THE ALIGNMENT OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR FROM 1-5 FREEWAY TO 1fH STREET We received your proposal dated October 31. 2000 for the re-design of the alignment of the Sah Creek Gravity Sewer l:cJ:erceptor from Inrerstate-5 Freeway to"" Street. Your proposal indicates that you propose to do all the work involved in the re-design of the alignment for a total amountnot-to-exceed "42,762. You arc hereby authorized to proceed with the work as stated in your proposal that is necessary to accomplish tile re-design. Should you have any questions regarding this letter. please contact Anthony Chukwudolue, Civil Engineer at (619) 585-560l. ~-L ~~_ FRANK RIVERA SENIOR CIVIL ENGINEER - H:\HOME\ENGINEER\sEWER\SEWER OO\Salt Crcck\revi!ed-sccpe-ct~"'crk-letter.ac.dcc --:- ~,:._='-'- ···=.';:_::=:/~:;~;':L":'. ..~-.:., ':'~';:-;:--1fI'¡;':'-;',Ç':'-1-3:~': '=;:;1,3,:;' '..:':,. 3:"6 ... .. - -_._--_._----_._----_..__._."._~.._._-_.-. , A if ACHMENT .-3 , SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRAVITY SEWER INTERCEPTOR THIS SECOND AMENDMENT TO THE AGREEMENT FOR ADDITIONAL CONSULTANT SERVICES is entered into as of August 21,2001, by and between the City of Chula Vista (CITY) a municipal chartered corporation of the State of California, and Dudek & Associates (CONSULTANT) , RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and . engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the fIrst amendment to the contract that was approved at a staff level; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipa,ted in the original contract and fIrst amendment in order to construct the trunk sewer line; and WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment will result in enhanced continuity of the project and expedite the timely completion of the project, and; . 3-Jp , .I NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree that the agreement is hereby amended as follows: 1. Exhibit A, Sections 8A and 8B, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer; 8. Dermed Services A. Scope of Work For the Salt Creek Gravity Sewer Interceptor: Element 3: Monumentation Perpetuation Survey The work to be done under this task is exclusively for surveying of existing found monumentation, the perpetuation (replacement) thereof and filing of two (2) Records of Survey with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act. It specifically involves the following tasks: Task 3.5 County of San Diego Map Research Review all recorded maps within the area of construction for road improvements along 12,000 lineal feet of Main Street from Broadway to Interstate-805 Freeway. Task 3.6 Monumentation Tie Out Locate and reference with durable monumentation all found monumentation with the above-described area of construction. Task 3.7 Preparation of Record of Survey Prepare 2 Records of Survey showing all found and set monuments and reference points within the above described area of construction. Record the Record of Surveys with County of San Diego Task 3.8 Set Monumentation Re-set approximately 25 % of all found monumentation per City of Chula Vista request with durable monument at [wish grade. Dudek and Associate,s shall stake out for construction and stamp monument after construction as shown on the second Record of Survey mentioned herein Task 3.9 Supervision and Calculations Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking 3-6g -"-.- -- -~-~--~"- ( Element 11: Construction Surveying (All Phases) Phase One: Main Street from Hollister Ave. to Interstate-805 Freeway (14,300 I. f.) Phase Two: Main Street from Hollister Ave. to Interstate-5 Freeway (2,412 l.f) Phase Three: Otay Valley Road from Interstate-805 Freeway to approximately 10,800 l.f easterly (11 ,000 1.f.) Phase Four: Otay Valley Road from Station 301 +50 to 517 +00 & 562+00 to 625+50 (28,0001.f.) Task 11.1 Sewer Stakes Provide one set of stakes for approximately 55,712 lineal feet of mainline sewer on 25-foot intervals at .an offset agreed upon by the City of Chula Vista, the Contractor (to be named) and Dudek and Associates. Stake approximately 47 manholes with one grade stake and one line stake. Task 11.2 Control Densification Condense horizontal and vertical control on the Otay Valley Road portion of the sewer main Task 11.3 Consultation and Meetings Consultation, coordination and meetings with the City of Chula Vista and processing of the required field data and cut sheets. Task 11.4 Supervision and Calculations Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. Element 12: Geotechnical investigation and Soil Reports For Micro-Tunneling Task 12.1 Field Exploration, including excavation of twelve exploratory borings along the proposed tunnel alignment. A truck-mounted drill rig will advance the borings. It was assumed that alluvial conditions will be encountered on the majority of the borings and that not more than three holes will encounter debris/concrete that will necessitate a large diameter drill rig to advance the hole beyond the obstructions. If refusal is encountered with a conventional drill rig, an air percussion drill rig will drill through the obstructions. It is estimated that no more that 20 feet of drilling will be necessary with the air percussion rig. Task 12.2 Laboratory Testing, including 3 unconfined compression test on cobbles or fnmJational materials if encountered, or 3 Atterberg Limits tests on clays, if encountered. . 3-~ /. Task 12.3 Meetings, estimated at eight hours total. Task 12.4 Office Analysis and Report Preparation, including boring logs at each drilling location and addressing the geotechnical conditions at the locations of each boring along with laboratory testing results consisting of moisture content, density, and corrosion characteristics of the soils encountered. We will also provide geotechnical design information to aid the contractor in the selection of the most appropriate method and equipment type. If groundwater is encountered, we will also provide an evaluation of the potential for liquefaction of the alluvial materials. Task 12.5 Prepare submittal of Package for Caltrans. Task 12.6 Engineering Oversight of geotechnical Investigation. Element 13: Tunneling Operations Oversight Task 13.1 Review Project Feasibility and Design to Date: Consultant will include a review of the proposed tunnel alignment with respect to soils survey and anticipated soils conditions, shaft locations, selection of acceptable tunneling methods, and shaft construction methods, and implementation of any needed changes or modifications to the layout and design of the tunneling operations. Task 13.2. Risk Mitigation Review: In conjunction with 13.1 above, Consultant will review the potential risks on the project, be they potential settlement caused by tunneling, the selection of tunneling method and technique, potential obstructions or delays, special areas of concern (local structures or freeway or road crossings, etc.) to identify and recommend methods to minimize these impacts on the project. Task 13.3. Review of the proposed project documents relative to all aspects of the tunneling operations. The emphasis of the review shall be to ensure compliançe with all standards, codes, and regulations governing or applicable to the work, as well as appropriate engineering design of the tunneling work. Task 13.4. Preparation of tunneling specifications for inclusion in the final project bid documents. Prepare appropriate construction notes and construction details for inclusion in the bid documents. Task 13.5. Pre-qualification of tunneling contractor either before or during the bid 3-61\ "- - ----. --.---- -"-- ---~._--,-- process. Task 13.6. Review of all contractor's tunneling submittals, shop drawings, and calculations in order to judge whether or not the proposed equipment, personnel, materials, and procedures are in compliance with the contract requirements . Task 13.7. Oversight of the contractor's compliance with the lawful requirements of the affected public agencies, owners of public utilities, all federal, state and local jurisdictional agencies or other facilities respecting the safeguarding of traffic, structures, and improvements which might be endangered by the tunneling operations. Task 13.8. Inspection On Site: Consultant shall perform periodic visits to the site (i.e. initially during tunneling equipment set-up and the start of the tunneling operations and then periodic part day visits (2 or 3 per week, as appropriate) and be available for telephone discussion and daily contact with the project designer, City, and contractor to resolve anyon-site problems that may arise during construction. Task 13.9. Training of Engineer and Inspector Staffmg: Consultant shall have at least a 2 day training session on the project site with City staff followed by an on-site orientation (in a written form) with the set-up and type of equipment being used for the tunneling, including a description of acceptable and · unacceptable operations on site. Task 13.10 Review of Tunneling Operation: Consultant shall provide inspection and training and act as a liaison with the site inspection team on an ongoing basis (and after completion of each tunnel segment). Consultant shall also provide the key parameters for the tunnel operation, and, if possible, improve the contractor's technical performance to reduce the probability of site problems. Task 13.11 Recommendations by Consultant: The Consultant may be required to make · recommendations before, during, and after construction operations regarding. alternate methods and procedures based upon previous tunneling efforts and upon the Consultant's own observations. These recommendations shall include, but not be limited to, requirements for tunneling machinery, pipe jacking equipment, establishment and monitoring of surface settlement points along the pipe alignment, design criteria, determination of acceptable pipe installation tolerances, contractor qualifications, and contractor submittal requirements. · Task 13.12 Consultant's assigned personnel shall possess the technical knowledge and 3-69_ related work experience in all phases and types of tunneling to satisfy the requirements of this contract. The City shall have the right to make a determination as to the qualifications of individual personnel and shall have the right to require substitution of non-qualified individuals with qualified personnel. Task 13.13 Maintenance of Project Records: Consultant shall provide copies of all original recommendations, review comments, meeting notes, field notes, data, reports, records, etc. of field and office tasks to the City of Chula V ista. Further, the Consultant shall maintain copies of all records related to field and office tasks performed under the contract for a minimum of five years from the date of the work, including all calculations, reports, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista at no additional cost. B. Detailed Scope of Work For the Wolf Canyon Trunk Sewer: Element 11: Construction Surveying (All Phases) Task 11.1 Sewer Stakes Provide one set of stakes for approximately 15,000 lineal feet of mainline sewer on 25- foot intervals at an offset agreed upon by the City of Chula Vista, the Contractor (to be named) and Dudek and Associates. Stake approximately 47 manholes with one grade stake and one line stake. Due to the minimal pipe slope we will use conventional leveling methods to establish the elevation of the sewer offset reference points. Task 11.2 Control Densification Condense horizontal and vertical control using original GPS Task 11.3 Consultation and Meetings Consultation, coordination and meetings with the City of Chula Vista processing of the required field data and cut sheets. A maximum of 8 hours is included in this proposal based upon our estimate of the scope of services. Additional hours for consultation and meetings will be upon prior approval of the Client. Task 11.4 Supervision and Calculations: Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. 3 - 6t9- ---_._~._- . .-------.--. C. Detailed Scope of Work For the Main Street reconstruction Project This section is exclusively for design survey of Main Street from Broadway Ave. to Highway 805. This will include densification of horizontal and vertical control within project limits, cross section topo and storm drain crossings. Element 1: Design Surveying Task 1.1 Field Survey: Densify Horizontal and Vertical Control, Street cross section topography and storm drain structures location. Task 1.2 Project Management Meetings, Conferences, Project planning, Coordination and review. Task 1.3 Survey Analysis Prepare field package, reduce field data, plots and preparation of submittal package. Task 1.4 Field Supervision Field crew scheduling, Field crew and client coordination. Element 2: Construction surveying This section is exclusively for surveying controlling the placement of the AC paving only. Appurtenances to water, sewer or dry utilities are excluded from this proposal. Task 2.1 Improvement Stakes",- Provide one set of stakes for approximately 12,000 lineal feet for centerline control on 50-foot stations at a lO-foot offsets to the left and right of centerline. Provide one set of stakes for approximately 13 ,650 lineal feet of the edge of the pavement at 50-foot stations in areas that currently do not have concrete curb and gutter. In areas that have a minimal street grade of less than 1 % Dudek and Associates will use conventional leveling methods to establish the elevation of the offset reference points. Task 2.2 Consultation and Meetings: Consultation, coordination and meetings with the City of Chula Vista processing of the required field data and cut sheets. A maximum of 8 . hours is included in this proposal based upon our estimate of the scope of services. Additional hours for consultation and meetings will be upon prior approval of the Client. 3-~ Task 2.3 Supervision and Calculations: Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. 3 - ijI_ --..- - --_._,--,...~..- - --- -~~- .~". Second Amendment Cost Su=ary The consultant proposes to do the work involved in the various tasks for the following "Not to Exceed" amounts. a. Salt Creek Gravity Sewer Interceptor (SW219) Construction Surveying - Phase One $35,400 Construction Surveying - Phase Two $6,650 Construction Surveying - Phase Three $29,700 Construction Surveying - Phase Four $73,205 Monumentation Perpetuation Survey $68,270 Geotechnical Services $38,665 Tunneling Operations Oversight $130,760 Subtotal $382,650 b. Wolf Canyon Trunk Sewer (SW225) Construction Surveying $41,230 c. Main Street Reconstruction Project (STM332) Design Surveying $25,770 Construction Survey $51,600 Subtotal $77,370 Total Contract Amendment $501,250 . The proposed amendment will increase the contract with the CONSULTANT as amended, by $501,250 to, >.dl..tJ of $1,704,021. 3-~~ - --, An ACHMENT _.L .... .... " .. THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRAVITY SEWER INTERCEPTOR THIS TIllRD AMENDMENT TO THE AGREEMENT FOR ADDmONAL CONSULTANT SERVICES is entered into as of August 27, 2002, by and between the City ofChula Vista (CITY) a municipal chartered corporation of the State of California, and Dudek & Associates (CONSULTANT). RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the fina1 design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there Was a need for additional consultant services in order to prepare the fina1 design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the first amendment to the contract that was approved at a stafflevel; and; WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services in' order to prepare the fina1 design plans nec~sary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21, 2001, by Resolution No. 2001-272; and; WHEREAS, the City further requires Dndek& Associates to provided additional consultant services not anticipated in the original contract, first and second amendment in order to construct the trunk sewer line; and 3-70 - --"--- -"- - ------ ---,-~.~--~_..~---------_._-~-_.- WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree that the agreement is hereby amended as follows: 1. Exhibit A, Sections SA and SB, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWERINTERCEP.TOR ELEMENT 3: SURVEYING AND AERIAL PHOTOGRAPHY Task 3.10 Phase m Additional SurveyingIMapping Services (SD water line) Consultant shall provide the additional surveying services for Phase III of the project as required to accOIilIIlodate the evaluation and handling of Pipeline No.2 installed by the City of San Diego. These additional services include: a. Additional aerial mapping of an approximate 3000'(+/-) colTidor where the Salt Creek Trunk Sewer line parallels the City of San Diego's Pipeline No.2. The survey should be adequate to update information on the Salt Creek plans resulting from impacts of the installation of a 4S-inch water pipe by the City of San Diego. b. Additional surveying services required to provide right-of-way staking along the limits of the restricted areas, in order to facilitate the biological surveys within the restricted areas. Provide surveying services necessary for staking the limits of tl¡.e right of entry access. Task 3.11 Hollister St Alignment and Aerial Mapping Consultant shall provide additional aerial mapping of Hollister Street required to prepare design plans for the proposed "Interim Connection" to the City of San Diego Otay Industrial Center (Ole) line. , -.,. Task 3.12 Additional Phase I Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Records of Survey or Comer Records with the COutlty of San Diego in accordance with Section S771 of the California Land Surveyors Act for conStI:uction 3-71 activities associated with the Salt Creek project. The following is a list of services to be performed under this task: Field Crew Preparation, Countv of San DieJ!o Map Records Research and Calculate Record Maps: Consultant sball review recorded maps within the area of construction for the Salt Creek Phase I project from Station 12+64.20 to Industrial Boulevard, approximately 30 feet each side of the proposed construction alignment Consultant sba1l setup and coordinate with field crews, and reduce field notes. MonumenJation Tie Out: Consultant sba1llocate and reference with durable monumentation found monuments with the above-described area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and reference points within the above described area of construction. Consultant sball record the Record of Survey with the County of San Diego, and calculate record maps researched at the County of San Diego. Set MonutnenJatlon: Consultant sball re-settwenty-five percent (25%) offound monuments within the area of construction in accordance with City ofChula Vista requests with durable monuments at finish grade. Services do not include constructing'any well monuments. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. Supervision and Calculations: Consultant sball provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the design criteria, obtaining permission from off site property owners for work outside of Client's area of ownership, constIUction inspection and supen<ision, as-built surveys, surveys for construction of buttress fills or for borrow / disposal sites, constniction surveys for landscaping and/or irrigation itD.provements or private sideWalks, restaking for any purpose or reason (unless authorized to do so as additional work), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written City 'approvals or instructions previously given or are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents, presentations and preparation of documents and exhibits for hearings, community groups or review committee, and blueprinting / reproduction services. Task 3.13 Phase m Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Records ofSurvçy or Comer Records with the County of 3-72 -,"".__._--~----~ San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Salt Creek project The following is a list of services to be performed under this task: Field Crew Preparation, COIl1Ú}l of San Die1lo Mav Records Research and Calculate Record ¥EI!§..: Consultant shall review recorded maps within the area of construction for the Salt Creek Phase ill project along 30,000 linear feet of the Salt Creek Interceptor east of Highway 805 along Otay Valley Road to approximately 20 feet south of the City of San Diego fee strip for water pipeline, varying 40- to 121- feet in width over the length of the construction alignment Consultant shall setup and coordinate with field crews, and reduce field notes. Monumentation Tie Out: Consultant shall locate and reference with durable monumentation found monuments with the above-described area of construction. . Prevaration of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and reference points within the above described area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched at the County of San Diego. Set Monumentation: Consultant shall re-set twenty-five percent (25%) offound monuments within the area of construction in accordance with City ofChula Vista requests with durable monuments at finish grade. Services do not include constructing any well monumentation. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. Supervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because.of Client or Client's consultant's changes to the design criteria, obtaining permission from oj! site property owners for work outside of Client's area of ownership, construction inspection and sùpervision, as-built surveys, surveys for construction of buttress fills or for bòrrow / . disposal sites, construction surveys for landscaping and/or irrigation improvements or private sidewa1ks, restaking for any puÍpose or reason (unless authorized to do so as additional work), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written City approvals or in$uctions previously given or are required by the . enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents, presentations and preparation of documents and exhibits for hearings, community groups or review committee, and blueprinting / reproduction services. 3-73 Task 3.14 Phase IV Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Records of Survey or Comer Records with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Salt Creek project The following is a list of services to be performed under this task: Field Crew Preparation. County of San Die!!o Map Records Research and CalculaJe Record Maps: Consultant shall review recorded maps·within the area of construction for the Salt Creek Phase IV project along 9,200 linear feet of the Salt Creek Interceptor approximately 20 feet south of the City of San Diego fee strip for water pipeline to the north line of the Brookfield Shea Otay LLC property, approximately 20 feet each side of the proposed construction alignment Consultant shall setup and coordinate with field crews, and reduce field notes. Monumentation Tie Out: Consultant shall locate and reference with durable monumentation found monuments with the above-described area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and reference points within the above described area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched at the County of San Diego. Set Monumentation: Consultant shall re-set found monuments within the area of construction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing any well monumentation. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. Supervision and Calculations: Consultant shall provide field supervision, attend field meetings! a.nd perform calculations directly related to the field surveying tasks 1isted above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the design criteria, obtaining permission from off site property owners for work outside ()fClient's area of ownership, construction inspection ånd supervision, as-built surveys, surveys for construction of buttress fills or for borrow I disposal sites, constructi()n surveys for landscaping and/or irrigation improvements or private sidewalks, restaking for any purpose or reason (unless authorized to do so as additional work), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written City approvals or instructions previously given ()r are required by the enactment or revision of codes, laws, or regulations s¡¡,bsequent to the preparation of such 3-74 .. ---------.-+-..- ~---_._-_.~~-----.._------- ...... documents, presentations and preparation of documents and exhibits for hearings, community groups or review committee, and blueprinting I reproduction services. Task 3.15 Additional As-Needed Surveying Services During completion of the construction phase of the Salt Creek project, the Consultant may be required to provide additional surveying services, including, but not limited to, as-needed pothole surveying, design surveying, and location of existing utilities and structures, wbich are not covered under other surveying tasks of the project scope. It is considered prudent to provide budget allocation for these surveying services to facilitate timely completion of the Salt Creek project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant sha1lprovide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within th~ initial budget for this task. Services required beyond that wbich can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Consultant shall only conduct work under this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed services to this task. Email approvals from the City for services under this task shall be considered written authorization. Element 4: Geotechnical Investigations & Soils Reports Task 4.7 Additional Phase II Geotechnical Services Consultant sha1l provide additional geotechnical services necessary to determine the soil conditions along the path of the alignment of the Salt Creek Gravity Sewer between Industrial Blvd and the Metro Connection (West ofI-5 Freeway on W. Frontage Road). A soils report shall be provided upon completion of the work. Task 4.8 Additional Phase m Geotechnical Services Consultant sha1l provide additional geotechnical services necessary to determine the soil conditions along the path oftJ:¡e alignment of the Salt Creek Gravity Sewer within the area where the Salt Creek Interceptor parallels San Diego Pipeline No.2 of Phase III. This task requires additional services to determine the areas that may require special construction methods (i.e. blasting) rather than conventional methods to instalÍ the pipes. , 3-75 ELEMENT 5: PREP ARATIONOF DESIGN DRAWINGS Task 5.9 Design Plans for Interim Sewer Connection Consultant sha1l prepare design plans to facilitate the conSn:uction of the temporary connection of the Salt Creek Interceptor Sewer to the City of San Diego' s Otay Industrial Center (OIC) Sewer line on Hollister Street. Task 5.10 Phase II Design Completion The Consultant shall provide specifically identified design adjustments for the completion of the Phase II portion of the project. These specific design adjusbnents include: the redesign of Phase II in a manner as to stay within the City of Chula Vista boundaries, a vertical rea1ignment of the Phase II pipeline alignment without change to the horizontal alignment, resolution of impacts with an existing 33-inch storm drain, revisions to the specifications to incorporate open excavation specifications, repackaging of the entire Phase II construction documents, new and revised traffic control plans, new Caltrans permitting negotiations, a revision to the City of San Diego permits for the Phase II project and any other plan check changes deemed necessary to facilitate the completion of Phase II of the Salt Creek project which do not significantly change the project. Where the City requires the Consultant to make changes to the project that would be considered significant, City and Consultant shall meet in good faith to negotiate adequate compensation. Task 5.11 Phase III Design Modifications The Consultant sha1l evaluate, redesign and prepare revised plans for the Phase III portion of the pipeline to accommodate a reduced pipeline diameter as requested by the City. Task 5.12 Phase IV Design Completion The Consultant shall provide specifically identified adjustments to the Phase IV design to include the design of a dual pipeline system, diversion structures, buried manholes, and incorporation of the SCADA system design. Task 5.13 Additional Phase II Traffic Plans (Main St) , The Consultant shall provide additional traffic control plans to accommodate the specific revisions to Phase II of the project as described in Task 5.1 1 above· .d· Task 5.14 Additional Traffic Control Plans for Interim Sewer COiulection The Consultant shall provide traffic contro1.plans necessary for the construction of the interim sewer connection as described in Task 5.9 above. 3-76 _ ,__,__.,~,._..__ ___ 0'____ _ __,_~_,..u_"__,_",,._.._.U___·"·_"_.__ _.._...____._________~___. Task 5.15 Phase II & ill Additional Structural Design The "consultant shall provid~'specific additional structural d~igns regarding Phase II & ill of the project to include: redesign of a 48-inch storm drain to a dual-box culvert design, design of a special drop structure, and design of a structural junction structure. Task 5.16 Phase ill & IV Electrical Instrumentation Design The Consultant shall provide electrical design for the implementation of a Supervisory Control and Data Acquisition (SCADA) System within the limits of Phases ill and IV of the project. Task 5.17 Phase ill Storm Drain Interceptor Evaluation The Consultant shall evaluate the incorporation of storm drain interceptor facilities for the Phase ill portion of the project for the specific purpose of intercepting low flow storm water runoff. Task 5.18 Phase IV Rehabilitation of Existing 24" Sewer (initial budget) The Consultant shall evaluate the existing 24-inch pipeline that connects Phases ill and IV of the project. The existing pipeline has filled with groundwater since its construction. City staff shall drain and videotape the existing pipeline, and provide copies of the tapes and other relevant records to the Consultant. The Consultant shall review and eV!Ùuate the video inspection tapes and determine corrective actions necessary to seal the identified sources of groundwater infiItration. The Consultant shall design the specific corrective actions identified from the evaluations and prepare the necessary documents required to facilitate the rehabilitation of the pipes, as approved by City staff. Since video inspection of the existing pipeline has not been completed as of the writing of this amendment and the specific nature of the corrective actions cannot be determined, this task has been defined to include an initial budget of $25,000. It is anticipated that this task can be completed within the allocated budget. If services beyond the identified initial budget are required, appropriate scope and fee adjustments will be provided to accommodate the requested services of the Consultant. Task 5.19 Remove Pump Station Decommissioning Services The original agreement included the preparation of decommissioning plans for the following pump station (PS) facilities: Otay Lakes Road PS; Olympic Parkway PS; Olympic Training Center (OTe) PS; and ... Auto Park PS. The Salt Creek Interceptor project has been designed to provide gravity service to these facilities. The City has made other arrangements for the decommissioning of the Otay Lakes Road PS, . Olympic Parkway PS, and OTC PS, therefore the Consultant is no longer required to prepare 3-77 decommissioning plans for these facilities and the services are hereby removed from the project scope. However, the Consultant remains obligated to prepare decommissioning plans, specifications and cost estimates for the Auto Park PS. ELEMENT 6: ENVIRONMENTAL COMPLIANCE DOCUMENTATION. Task 6.13 Prepare Conceptual Wetland Mitigation Plans This task is proposed to address the requirements of the permitting agencies as a result of their preliminary responses to the permit applications submitted to date. The conceptual wetlands mitigation plans sha1l need to include both the creation/enhancement portion of the mitigation and the restoration of temporary impacts. CDFG staffhas required that the two mitigation components be addressed in a single conceptual plan. Therefore, the compensation includes enhancement/creation worlc and restoration worlc based on the presumed minimum requirements and anticipated maximum project impacts. The Consultant shall prepare conceptual mitigation plans to the satisfaction of CDFG, ACOE and RWQCB pursuant to their requirements for issning the necessary permits for the project. Task 6.14 Focused Surveys For Quino Checkespot Butterfly Consultant shall conduct an adult flight survey for the quino checkerspot butterfly in accordance with the U.s. Fish and Wildlife Service (FWS) 2000 Survey Protocol. The scope of work includes an updated habitat assessment before or during the first week of the butterfly Season in the year 2002. The habitat assessment shalI identify portions of the project corridor that sha1l require an adult survey, based on any changed field conditions that may have occurred since the last survey period. The assessment shall include a general field survey where appropriate habitat characteristics shall be mapped onto an enlarged (200 percent) U.S. Geological Survey (USGS) 7.5 minute topograprnc quadrangle map, as requested by the USFWS. Consultant shall conduct an adult flight survey for the qnino checkerspot butterfly in accordance with the USFWS 2000 survey protocol. Butterfly surveys shall be conducted once per week for five consecutive wee!<s. The dates of the butterfly survey season sha1l be deteImined by the USFWS based on monitoring of reference sites. Surveys should only be conducted under acceptable weather conditions: dry weather; winds less than 15 mph; temperatures in the shade above 60· Fahrenheit on a clear, sunny day; and temperatures in the shade above 70· Fahrenheit on an overcast or cloudy day. Any adult qnino or larvae detected on the site shall be mapped onto the 200-scaIe base map and according to the USFWS 2000 protocol, may be captured. Quino larval host plants also shall be mapped onto the base map. If a known or suspected quino checkerspot butterfly or larvae is detected on the site, Consultant is required by the USFWS to report the finding within 24 hours by phone and FAX. Consultant shall notify the City of the finding prior to notifying the USFWS. 3-78 -.-..----.---------.--".....-.--.,- Within 45 days of the close of the adult flight season, a report shall be submitted to the USFWS, Carlsbad Field Office, detailing the results· of the adult survey and habitat assessment. The report . sha1l include all biologists working on the project, with precise survey times and weather conditions, a site assessment map with larval host plant locations, a list butterflies observed during weekly surveys and photographs of any suspected quino larvae or butterflies. This report shall be submitted to the City for review, prior to submitting to the USFWS. All mapping sha1l be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.15 General Mitigation Monitoring Consultant shall review all mitigation measures required by the EIR and detailed in the Mitigation . Monitoring and Reporting Program and identify all measures that have not yet been satisfied, or that require ongoing monitoring. Consultant shall coordinate with the appropriate responsible parties to ensure that all measures are carried out. This task includes review of plans and specifications to ensure that measures to be included in the design stage are implemented, as well as field monitoring at the appropriate frequency and duration to ensure that all measures that are to be implemented in the field are satisfactorily completed. This task includes monitoring for mitigation measures related to land use, traffic, hydrology, aesthetics, geology and soils, air quality and cultural resources. Task 6.16 Biological Mitigation Monitoring Consultant shall review all biological mitigation measures for the project that were proposed under the "Without the Subarea Plan" scenario. The measures include those that require review of plans and specifications, and those that require field monitoring. For the measures requiring plan review, Consultant environmental staff shall work with the design engineers to ensure that the design of the facilities conforms to the requirements of the mitigation measures. The focus of this effort shall be to develop construction documents that clearly delineate areas where sensitive biological resources must be avoided during construction, including the placement of construction fences or other barriers. In addition, Consultant shall ensure that the measures relating to the timing of construction activities, and restrictions related to construction noise and disturbances are clearly defined in the specifications for the contractor. During constructi9n, Consultant shall monitor construction activities to ensure that the measures outlined in the specifications are adhered to, and that construction activities remain within the prescribed limits. Monthly field. visits are proposed throughout the construction of Phases 3 and 4 of the pipeline to accomplish this effort. Consultant shall report the findings of the monitoring in monthly monitoring reports. Task 6.17 Paleontological Construction Monitoring Consultant has retained the San Diego Natural History Museum to perfOt:I1l paleontological field monitoring for Phases 2, 3 and 4. The monitoring shall consist of one qualified paleontologist present during all phases of construction. If resources are detected, excavation work shall be conducted and resources shall be curated. The length of the proposed Phase 2 pipeline is 2,403 3-79 1inear feet, the Phase 3 pipeline is 32,4 31 linear feet, and the length of the proposed Phase 4 pipeline is 6,400 linear feet For Phases 2, 3 and 4, it is assumed that the trench production pace shall average 200 linear feet/day. This equates with a trenching schedule of 12 days, 162 days and 32 days, respectively. The proposed budget assumes an average of 4-hours/ day for monitoring of trench excavation operations. The mitigation excavation and curation portions of the scope and budget are designed to complete the mitigation program. Finding the fossils is only the first step. They then have to be collected (excavated) and removed from their enclosing rock matrix and stabilized so that they can be plaçed. into a scientific institution for permanent storage and/or display. Previous mitigation projects have shown that, on average, preparation time equals approximately 35% of field time. Cataloging and storage represent the final phases of mitigation and result in production of a specimen inventory of recovered fossils and permanent storage of the cqllection at the Museum. The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the earthwork is well underway. It is in this spirit of uncertainty that the not-to-exceed figure is proposed. In some cases, as the earthwork proceeds, it may be determined that half time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time shall be cut back accordingly. Excavation and curation activities are also tied to fossil productivity (no fossils, no salvage or preparation) and as such, the amount of time spent on these tasks shall vary from project to project The only fixed costs are those related to field monitoring and final report preparation. Task 6.18 Noise Measurements Of Construction Activities Consultant shall perform measurements of co1Îstruction noise from existing construction activities to determine a baseline for potential noise generation in sensitive habitat locations. Measurements shaH be conducted over a two-day period to determine the sound levels based on the dBA (Leq) standard (one hour average). Task 6.19 Meetings! Project Management/Direct Costs During the course of the work, it is anticipated that additional project meetings shall be required to coordinate the work of the Consultant and Subconsultant. This task assumes that project meetings shall continue on a monthly ~is, and that the duration of the proposed services would continue through the end of construction. 3-80 . . .~--" _._._,_._--------------~_._- . . Meetings. During the completion of the Salt Creek project, a significantly increased number of project meetings were and continue to be required. These meetings were above and beyond thiIt anticipated by the original project scope. Additional compensation is provided to the Consultant to address these increased meetings and those meetings needed to complete the project. . Direct Costs. Direct costs that are associated with the proposed additional services may include mileage, reproduction of documents, postage and delivery charges, and other direct costs necessary for the completion of the specific services requested. Task 6.20 Additional As-needed Environmental Services Additional environmental services will be provided on an as-needed basis at the request of the City. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that, which can be funded by the initial budget, shall be provided as an additional service upon authorization by the City. Consultant shall only charge expenses to this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed expenses to this task. Email approvals from the City under this task shall be considered written authorization under this task. ELEMENT 11 CONSTRUCTION SURVEYING The City has requested additional surveying services during completion of specific filed activities for the Salt Creek project. The purpose of these tasks is to compensate the Consultant for services provided beyond the defined scope of services. Items to be addressed include the following: On-Call Construction Staking Completed To-Date Construction Staking for Phase ill Biological Surveys Completed To-Date ELEMENT 13 PHASE II CONSTRUCTION SERVICES Under Phase II of the Salt Creekproject, the section of the project where microtunneling applications are proposed includes a reach that is approximately 1,100 feet long and extends beneath Interstate 5. Jacking and receiving pits are planned on both sides of the crossing. A 60-inch to 72-inch steel casing pipe is to be jacked beneath Interstate 5 with subsequent contact grouting outside the casing. . The 42-inch carrier pipe is to be insta1led within the steel casing and grouted into place. Manholes are planned within each of the shafts. Work to be completed as part of Phase IT also includes approximately 200 feet of planned open-cut construction. The Consultant's scope of work will provide general civil construction inspection support services to the City, if needed. The City will serve as overall Construction Manager, with the Resident Engineer provided by the City. Services to be provided under this element shall include: 3-81 Task 13.1 Civil Inspection Services The Consultant sball augment the specialized inspection effort provided by its tunneling inspection subcoDSUltant, by being responsible for the inspection of work not specifically related to the microtunneling construction operations. Examples of this work include: Q Construction of the Junction Structure Q Construction of the open-excavation portion of the Phase 2 sewer Q Relocation of existing utilities or restoration of existing features damaged by construction Construction surveying services are not included in the scope of this task. City Staff sball coordinate with all regulatory agencies having review authority over this construction work, and shall be responsible to coordinate with the Contractor regarding traffic control Construction inspection tasks not explicitly identified under this task sba1l not be included as services under this task. The Consultant sba1l provide as-needed, on-call services for onsite civil inspection. The Consultant's Inspector shall include: Q Attendance at one (I) Pre-Construction Meeting. Q Attendance at bi-weekly progress meetings (a maximum of five (5) meetings over a ten (10) week construction period). Q As-Needed Civil Onsite Civil Inspection. As-needed onsite civil inspection services sba1l be provided for Phase 2 up to a maximum of 400 person-hours, including attendance at meetings, travel time, and onsite inspection. Additional inspection time beyond the identified 400 person-hours will be considered additional services and will require specific authorization of the City prior to commencement of work. Task 13.2 Microtunneling Inspection Services The Consultant's scope of work sba1l include the provision of microtunneling specialty construction management support .services to the City. The Consultant sha1l provide specialty inspection along with office engineering support through a local, qualified subconsultant.· The Consultant sba1l . lltlmini!<ter the Subconsultant contract with its subcoDSUltant with regard to microtunneling inspection, and sball respond to their questions regarding general design intent and associated civil design matters to facilitate underirtanding of the project design. The scope of work for this task sba1l include the following general tasks: Q Bid Phase Support ... Q Submittal Reviews Q Construction Inspection Q Meetings Q Final Report Q Supplemental Services 3-82 --,--,.~._--'.'."---'- TheJollowing discussions d¡;fine the specific services to be~ot"lD,,<:4 under each of the general tasks listed above. Services requested other than those specifically listed below shall be considered additional work, and will require specific authorization of the City prior to commencement of work. . Task 13.2.1 Bid Phase Support The Consultant shall review construction bids to address technical questions and to assist the City in making a decision regarding construction award. The Consultant shall be available to attend the pre_ bid meeting and to respond to technical questions pertinent to a responsive bid proposal by the Contractors. This task shall include the review of the project contract documents. Task 13.2.2 Submittal Review The Consultant shali attend the pre-construction meeting and shall review the microtunneling submittals made available by the City. Submittals shall be reviewed to assess conformance with contract requirements, as well as to identify technical or contractua1 elements that may impact the construction. For the purposes of scope definition, this task shall include a maximum of six (6) submittals, with two (2) re-submittals each, for review. Additional submittals will be considered additional services. Task 13.2.3 Construction Inspection . The Consultant shall provide both full-time and part-time tunnel construction inspection services. The Consultant shall perform full-time inspection for permanent components of the construction, and part-time inspection for temporary components of the construction. The Consultant understands that an on-site field office will not be available, and that Consultant's personnel shall have access to the City's office at 1800 Maxwell Road as-needed during construction. Tunnel inspection shalI be managed by the Consultant's Senior Engineer, and periodic site visits sha1l be provided. For purposes of scope definition, this task shall include a maximum of sixteen (16) hours of microtunneling-related training, as requested by the City. For purposes of scope definition, the following table summarizes the construction schedule and level of effort (time) included under this task of the project, Services beyond these defined levels of effort shalI be considered additional services, and will require specific City authorization prior to commencement of work. . Construction Activity Anticipated Level of Estimated Total Construction Inspection Inspection Time Schedule Coverage . Mobilization 2 weeks Part-time 2 person-days Shafts 3 weeks Part-time 5 person-days Microtunneling 3 weeks Full-time 15 person-days Canier Pipe Installation 2 weeks Full-time 10 person-days . Demobilization 1 week Part time 2 person-days , Total 34 person-days 3-83 The above schedule is based on the CoIisultant's review of the June 4, 2002, project schedule obtained from the City's Project Manager. This task does not include services for testing, including but not limited to services such as concrete and soil testing. Such services sha1l be provided by the City. Task 13.2.4 Construction Meetings The Consultant shall participate in pre-construction and construction progress meetings. For purposes of scope definition, these meetings shall include a maximum of twelve (12) construction meetings, including the pre-construction meeting. Participation in the pre-bid meeting is included in the bid phase support task. Additional meetings sha11 be considered additional work and sha1l require the specific authorization of the City prior to attendance at the meetings. Task 13.2.5 Final Report The Consultant shall prepare a final report summarizing their inspection observations, construction activities, durations, and equipment/crew provided; issues and resolutions; and field inspection logs. A notebook shall be provided with copies of the aforementioned field inspection logs. Task 13.2.6 Supplemental Services It is noted that microtunneling work is not always predictable. Any investigation of a claim for a differing site condition made by the Contractor is excluded from this scope of work. Other unknown circumstances may impact the Contractor's ability to complete the project as defined. For this reason, it is considered prudent to establish a Supplemental Services task to address these potential project impacts. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant sha1l provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget sba1l be provided as an additional service upon specific authorization by the City. All services conducted under this task shall require the specific authorization of the City prior to commencement of work. Task 13.3 Subconsultant Change Credit The City and Consultant mutually agreed to change tunneling subconsultants on the project. A new subconsultant proposal was obtained for the remalnder the previously defined services, as well as additional services for construction inspection. Tasks 13.1 and 13.2, above, provide the scope for these remaining services. Unspent funds allocated to the original subconsultant agreement sha1l be credited to the City under this task. - 3-84 - "---------...-.------ ~-~ Task 13.4 As-Needed Engineering Services During completion of the construction phase of the Salt Creek project, the Consultant may be required to provide additional engineering services, which are not covered under other engineering tasks of the project scope. It is considered prudent to provide budget allocation for these engineering services to facilitate timely completion of the Salt Creek project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant sha1l provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Consultant shall only conduct work under this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed services to this task. Email approvals from the City for services under this task shall be considered written authorization. 3-85 B. SCOPE OF WORK FOR THE WOLF CANYON TRUNK SEWER PROJECT The following revised Scope of Services is based on an original scope included in the contract of May 2, 2000. Specific design elements of that original scope have been completed, including aerial mapping and surveying, various meetings, and a portion of the environmental work:. However, as the project was originally defmed over two years previous and development infonnation has continued to be refined, the City has detennined that preparation of a Wolf Canyon Preliminary Design Report is necessary to completely defme and evaluate recently identified Wolf Canyon project alternatives. The revised Scope of Services presented below reflects the work: required for development of the W olfCanyon Preliminary Design Report, as well as the work: completed on the project to date. It is intended that the revised Scope of Services defined under this section completely replace the previous scope of services shown in the original agreement in its entirety. It is noted that assumptions used in defining the scope for each task have been delineated for clarification of the effort included in this revised scope of services, and subsequent compensation associated with perfonnance of those services. In the event that additional effort is required beyond the included scope defmitions, those efforts shall be considered additional services. Additional services require prior authorization by the City before commencement. In the event that the Consultant does not seek prior authorization of an additional service. the City will not be respOnsible for compensating the Consultant for the unauthorized additional work:. If an additional service is to be conducted, the City shall provide written authorization for the additional service prior to commencement of the work, and shall provide appropriate adjustment of scope and fee following authorization of the additional work:. The attached Contract Amendment Authorization Form shall be used for authorization of additional services for the Wolf Canyon project. The Consultant shall prosecute authorized services with due haste to maintain the project schedule as defined by the City. Sufficient time shall be provided for defmition, negotiation, authorization and completion of authorized additional services. ELEMENT 1: DATA COLLECTION AND REVIEW Task 1.1 Project Kick-Off Meeting Consultant shall attend a project kick-off meeting conducted by the City's Project Manager. The purpose of this meeting shall be to coordinate the overall project, and to establish the project goals, schedule and critical milestones. The City's Project Manager shall establish the meeting date and time, and invite the appropriate parties for coordination of the overall design and implementation of the project. Consultant shall cohtribute to the meeting related specifically to the preparation of the construction documents. This meeting shaIl also address compliance with project schedules. The City's Project Manager shall prepare and distribute the meeting notes for the meeting. Consultant shall review and comment on the meeting notes, within a three-day period. Final meeting notes sba1I be prepared and.distributed by the City's Project Manager. For purposes of scope definition, the kick-off meeting is defined to include four (4) hours of the Consultant's Engineering Project Manager's and Project Engineer's time, and four (4) hours of the Consultant's Environmental Project Manager's time. 3-86 ..... --, -----.--..----..-..--. ,._~--_.__.,~._- Task 1.2 Collect Existing Data · Consultant shall collect existing data made available by the City, including previous studies, reports, aerial photos, hard copy and/or electronic media information, copies of previously prepared Preliminary Design Reports, and environmental/planning documents. Copies of available documentation shall be provided by the City. The City and/or its Project Manager shall provide a copy of recently-developed (ie. information developed since the original scope development inMay 2000) planning or design documents prepared by other consultants, including but not limited to preliminary design documents, tentative maps, grading/improvement plans, subdivision maps, existing drainage studies, conceptual design plans and land use maps prepared for developers within Wolf Canyon or adjacent areas that may impact the flows tributary to the Wolf Canyon project. It is · noted that information provided by the City is for reference purposes only. The City makes no guarantees as to its accuracy. It is incumbent on the Consultant to conduct D~~ary due diligence to verify the accuracy of any information the Consultant chooses to use as a basis of design. Consultant shalI review the information provided by the City. One (1) meeting shalI be held with the City, its Project Manager, and other appropriate parties (as defined and invited by the City) to discuss the data collected and its pertinence ~ completion of the project design. The meeting shall be scheduled and documented by the City's Project Manager. Consultant shall review the meeting notes and provide comments, as defined in Task 1.1 above. Information to be used from the background data for design of the project shall be documented in writing and approved by the City in · writing prior to the commencement of design. Task 1.3 Existing Utility Data Consultant shall contact local utility companies to identify the presence of existing utilities within the proposed project corridor, including existing sewer, water, cable television, gas, telephone, and electrical power. Information collected fl-om these utilities shall be identified on the final plans. Consultant shall include the information as identified and provided by the utility companies at the time of completion of this task. This task does not include potholing of existing utilities (potholing services for final design shall be defined under Element 4 of this scope). Potholing of existing · utilities for services under Element 2 of this scope is defined under Task 2.16 below. Appropriate notes and construction specifications shall be provided to require the Contractor to pothole all existing utilities during construction. Consultant shall prepare preliminary and final design drawings based on the information proviqed by the various utility companies. Any future design change resulting from inaccurate utility information provided by the utility companies shalI be considered extra work. and compensated as such by the City. Should additional critical utility crossings be identified during subsequent design phases, potholing shall be provided as set forth in Element 4 of . this scope. · 3-87 Element 2: Project Design Task 2.1 Preliminary Design Report Consultant shall, in cooperation with the City and its Project Manager, develop alternatives for the Wolf Canyon Trunk Sewer project, and present these through the preparation of a Prelimimny Design Report (PDR). It is noted that the City and its Project Manager have conducted several meetings with Wolf Canyon developers and will have considerable input into the definition of project alternatives and determination of the preferred project alternative. Development of project alternatives sha1l make use of the information collected under Element 1 above. Services to be included in the preparation of the Preliminary Design Report shall include: Task 2.1.1 PDR Meetings The Consultant shall attend two (2) meetings with City staff and its Project Manager. The first meeting shall be ¡irior to the commencement of the project, and the second shall be to discuss the developed PDR. During the second meeting, the City will identify the preferred project alternative for fina1 design based on the information included in the PDR. Meetings shall be scheduled and documented by the City's Project Manager. Additional meetings that may be deemed necessary by the City for completion of this task shall be provided in accordance with Task 11.3 (Miscellaneous Meetings) of this scope. Task 2.1.2 Development/Analysis of Alignment Alternatives The City has identified two (2) major categories of project alternatives for the PDR, including both gravity and pumped conveyance alternatives. Under these two (2) project categories, four (4) individual project alternatives have been identified including one (I) gravity system approach and three. (3) pump station approaches. The one (1) gravity system approach incorporates a single gravity sewl;r aligned along the length of Wolf Creek, generally following an existing '~eep" trail within the canyon. The three (3) pump station approaches include pumping collected wastewater north to the future roadways within the Village 2 development, pumping north to Olympic Parkway, or pumping along the.La Media alignment to the Salt Creek Interceptor Sewer. For the pmposes of scope definition,. only these four (4) project alternatives are included in this scope for evaluation in the W olfCanyon PDR. If additional alternatives are identified (by either the City or the Consultant), those alternativeS will be treated as additional services and will require specific City authorization before evaluation and/or incorporation into the PDR. Alternatives to be evaluated in the Wolf Canyon PDR shall incorporateinformatjon outlined in the . tasks provided under Task 2.1 of this scope. The Wolf Canyon PDR shall provide preliminary definition of each alternative sufficient for environmental èvalUäticin õf each alteÍilative and for the City to make a determination of the preferred project alternative forfina1 design. Final design shall only be conducted for the preferred project.alternative selected by the City. Furthermore, hydraulic design beyond that necessary for preliminary sizing of alternative facilities shall not be included in 3-88 .-......-.--......-. ------~-- the PDR., and shall only be conducted under Task 2.2 of this scope for the preferred project alternative as selected by the City. . <0- ~ . Task 2.1.2.1 Gravity System Alternative (GSA#I) Development The Consultant shall provide development of one (I) gravity system alternative in the Wolf Canyon PDR. The Wolf Canyon Gravity Tnmk Sewer alternative shall be comprised of a single trunk sewer approximately 14,000 linear feet in length, having an approximate 15-inch diameter. The pipeline is proposed to be located within Wolf Canyon, paralleling the alignment of Wolf Creek in an existing '1eep" trail. The pipeline is proposed to provide service to a total of approximately 6,820 commercial and residential units (based on the most recent infonnation at the time of the writing of this scope), generating an average daily projected wastewater flow of approximately 224 mgd (3.63 mgd peak). The preliminary pipeline information shall be developed in accordance with City of Chula Vista standards, and is presumed to discharge to the Salt Creek Interceptor Sewer at approximately Manhole No. 86. Task 2.1.2.2 Pump Station Alternatives Development The Consultant shall provide development of three (3) pump station alternatives in the Wolf Canyon PDR. The three (3) pump station alternatives (PSAs) have been defined by the City to include the following: PSA#I - Pumping North to Village 2 Development PSA#2 - Pumping North to Olympic Parkway PSA#3 - Pumping Along La Media to the Salt Creek Interceptor Each of these identified alternatives shall be developed to provide the preliminary location and sizing of the required pump stations, the proposed length, size and alignment of collection and forcemain pipelines, preliminary layout of proposed pump station facilities, identification of force main discharge points, identification of other requirements including power, standby facilities, emergency overflow containment, and other considerations associated with each pump station alternative. The facilities shall be developed in accordance with City of Chula Vista standards. Task 2.1.3 Access Roads & Trails Each of the alternatives listed under Task 2.1.2 above shall include the identification of access road facilities necessary for City maintenance of the defined facilities, generally following the entire length of the proposed project facilities. The PDR sha1l identify the proposed location of the . identified access roads, as well as the general cross-section and construction material of the road surface. Consideration of the size and types of service vehicles used by the City for maintenance of the gravity, forcemain and pump station facilities shall be incorporated into the PDR analyses. In addition to the required maintenance access roads, regional trail systems have also been identified to be important within the Wolf Canyon area. The Consultant shall identify regional trai1 facilities that may coincide with the alignment of the proposed project alternatives identified under Task 2.1.2 3-89 above. For purposes of scope definition, the Consultant sball provide evaluation of a total of one (1) regional trail within the vicinity of eaèh project alternative defined under Task 2.1.2 above. Information to be provided shall include the approximate location of the regional trail facilities, the proposed cross-section of the trails, and the identification of acceptable materials for use as the trail surfaces. Access to the Wolf Canyon area will be greatly enhanced as developments in the area continue to build and grow. However, prior to that anticipated growth, access for construction of the identified alternative facilities will be constrained. The Consultant sball identify feasible construction access for construction of each alternative prior to the proposed construction of the future La Media arid Heritage Road improvements. Information collected under Task 1.2 above will provide specific demarcation of the proposed alignments of these and other future proposed rights-of-way. It is noted that the alignment of proposed roadways within the proposed Wolf Canyon developments may change due to future developmental changes. Impacts associated with changes imposed by the developers shall be considered additional services if they are to be incorporated into the PDR, if requested after completion of engineering services for the first draft of the PDR, and shall require City approval prior to incmporation. Task 2.1.4 Stormwater Collection & Treatment Systems The Consultant sha11 include in the PDR an evaluation of a "basin-wide" stormwater collection and "fIrst flush" treatment system. This "basin-wide" stormwater collection system is intended to capture and collect "first flush" stormwaterrunofffrom the Wolf Canyon basin. Two (2) alternative systems have been identified by the City and shall be evaluated by the Consultant, including a buried stormwater pipeline option and a brow ditch option. Each of these alternative systems is intended to generally follow the proposed access road alignments. If additional alternatives are identified (by either the City or the Consultant), those alternatives will be treated as additional services and will require specific City authorization before evaluation and/or incorporation into the PDR. For the purposes of scope definition, each of the two (2) stormwater alternatives shall be evaluated for each access road identified under Task 2.1.3 above. Stormwater shall be .conveyed to a downstream treatment facility in the form of a constructed wetlands habitat .. The Consultant sball determine the alignment of the low-flow stormwater collection facilities, as well as the approximate size and location of the downstream wetlands treatment facility. The Consultant, in cooperation with the project Environmental staff, shall include an analysis of the riparian comdor paralleling the Wolf Canyon project, and make certain that intermittent water flow to Wolf Crèek is maintained in such a manner as to avoid disruption of the existing natural characteristics of the surrounding environment. It is the intent of the City that a system be devised that will divert low-flow and "first flush" stortnwater into the stormwater collection and treatment system, while allowing larger flows to be conveyed to and within the natural waterways of Wolf Creek. The Consultant shall include in the PDR a description of the proposed system, IIxl7 schematic drawings of the system components, and a description of the intended overall operation of the stormwater collection and treatment systems. 3-90 - -- --. ,-..-.-....---------. ._._--,_."'--,---~--_.._-_._.._----- _.__n_ Standard Urban Storm Water Mitigation Plans (S"QSMPs) require each proposed project to implement measures to ensure that pollutants and runofffrom the development will be reduced to the maximum extent practicable (MEP). As part of the development plan for the area encompassing Wolf Canyon, the Consultant shan prepare a Prelimin"ry Design Report (PDR) addressing low flow runoff and Structural BMP requirements to mitigate these flows. The following is a deliniation of servcies required to prepare the Draft and Final PDR for this task. Task 2.1.4.1 Basin Mapping Following review of available data, collected under Task 1.2 above, a base map shall be prepared showing identified proposed developments and drainage structures within the Wolf Canyon area. Information derived from the developers will be used for development of the basin mapping. The Consultant shall provide the developed basin mapping in the Draft PDR for City use. Following City approval of the Draft PDR, a final basin map will be. prepared based on comments received from the City. The Consultant win submit the finalized basin map with the Final PDR for City use. Task 2.1.4.2 Basin Hydrology For development of the Draft PDR, the Consultant shall identify drainage patterns based on proposed conditions and delineate sub-basins associated with each proposed development. Delineation of these drainage basins shall be based on the available information collected under Task 1.2 above, and the surveying information collected or prepared under Element 3 below. Following approval of the Draft PDR by the City, "low flow" discharges will be determined for each sub-basins defined during the Draft PDR development using methods outlined in the San Diego County Hydrology Manual. For purposes of sizing storm drains, "low flow" discharge will be based on the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches of rainfall per hour. For sizing of the treatment area, the flow will be volume-based and represent a 24-hour 85th percentile storm event. Both flow-based and volume-based runoff criteria are outlined in the Califomia Regional Water Quality Control Boards Order No. 2001-01 fortb.e San Diego region. All stormwater flows in excess of these defined "low flow" amounts will be bypassed to Wolf Canyon. It is noted that the, Consultant' s ~cope does not include control of increased runoff from individual developments within Wolf Canyon. State environmental law requires that post construction runoff from new development to be less than or equal to the pre-construction amounts. The Consultant shall not be responsible for control of increased flows or damage to the canyon resulting from lack of appropriate stormwater control measures on the part of the developers. It is also noted that pl"nning . and design of the proposed "low flow" stormwater system does not include control of increased flows from developments or design of required stormwater detention facilities for the developments. 3-91 Task 2.1.4.3 Stormwater System Layout & Sizing Based on the results of Task 2.1.4.2 above, a conceptual storm drain system layout will be prepared that will collect the low flow discharge from each proposed development and route the flows to the proposed wetlands area for treatment. The proposed system layouts will incorporate the two alternative conveyance methods identified by the City, including buried storm drains or a brow ditch. For the purposes of the Draft PDR, the system layout will be identified for presentation purposes only. Upon approval of the Draft PDR by the City, the proposed stormwater conveyance system shall be sized using the flow-based discharges determined in Task 2.1.4.2 above. A computer model will be developed for the proposed system and the system shall be properly sized to convey the "low flow" discharge to the treatment area. It is noted that the system shall not be sized to convey flows in excess of the "low flow" discharge, and no controls will be designed to control increasedrunofffrom individual developments. Task 2.1.4.4 Bypass Flow Struèfures For the Draft PDR, a conceptual high flow bypass design shall be prepared that will divert and route flows in excess of the defined "low Flow" condition to Wolf Canyon Creek. The Consultant shall prepare presentation drawings of the proposed facilities for the pUIposes of discussing the use of the identified structures. Upon approval of the Draft PDR by the City, a preliminary design of the bypass flow structures shall be completed. For purposes of scope definition, the design of the "high flow" diversion structures will be based on the pre-construction IOO-year storm event flow volume. It is noted that flows in excess of the pre-construction runoff conditions within the Wolf Canyon basin shall be controlled by the individual developers and the Consultants scope does not include services for control of flows within Wolf Canyon. Task 2.1.4.5 Wetlands Treatment Area Based on informatioJ;! developed under Task 2.1.4.4 above, the Consultant shall identify the proposed placement and preliminary sizing of the wetlands treatment area. A conceptual plan shall be prepared showing location and approximate size of the treatment area. Presentation drawings shall be prepared to facilitate approval of the proposed facility. Upon approval of the Draft PDR by the City, the Consultant shall size and locate the treatment area, sufficient to capture the volume-based flows determined inTask 2.1.4.2 above. Outlet structures for . the treatment facility shall be designed in the Final Design phase of the project. Task 2.1.4.6 Opinion of Probable Construction Cost An engineer's estimate shall be prepared during the development of the Draft PDR, and finalized during the final design phase of the project. 3-92 m~_..._". ----~._._----_.__.----~~---_._----_.._...,.__.... Based on completion of the tasks discussed above, project deliverables for the draft and final PDR shall include the following: Draft PDR deliverables shall include: Proposed developmentJImprovements within the Wolf Canyon drainage Basin, Hydrologic sub-basins, Preliminary alignment of proposed low flow storm drain system, Conceptual High Flow Bypass Design, and Location of proposed Wetlands Treatment Area. Final PDR deliverables shall include: Proposed developmentlImprovements within the Wolf Canyon drainage Basin, Fina110w.flow storm drain alignment, Location and approximate · size of treatment area, Hydrologic!hydraulic Report (including treatment area sizing calculations), Preliminary Bypass Flow Design, and Preliminary Engineer's Estimate. Task 2.1.5 Geotechnical Investigations / Report Geotechnical information will be required for the PDR to identify the speçific requirements of construction within the Wolf Canyon area. However, prior to the selection of the preferred project alternative and development of significant access roads, siting/conduct of necessary field geotechnical activities will be difficult, if not impossible. Therefore, for the purposes of the PDR, the Consultant shall provide a geological reconn!lissance study of the Wolf Canyon geotechncial · conditions only. Information contained in the study shall be used to identify the geotechnical information required for evaluation of the project alternatives identified under Task 2.1.3 above. Field geotechncial activities shall be provided for the preferred alternative only, under Element 4 below. Potholing of existing utilities shall not be provided during the PDR phase of the project, as a result of the limited access availability. Information collected with regard to existing utilities will be used for project alternative evaluation. Upon selection of the preferred project alternative by the City, potho1ing of utilities identified to be critical to the vertical alignment of the proposed facilities shall be conducted. Potholing services for the deSign phase of the project shall be defined under Element · 4 of this scope. . Task 2.1.6 Construction Easement Requirements Element 9 of this scope shall define services for the identification, preparation and acquisition of rights-of-way and easements for the preferred project as selected by the City. Therefore, for the . purposes of the PDR, the Consultant sha1l only identify the easements and other rights-of-way required for cons1ruction of each alternative defined under Task 2.1.3 above. The Consultant shall identify the property owners and the required length/width of each required easement/right-of-way. Of particular concern is the United States government ownership of significant lands within Wolf · Canyon. The Consultant shall evaluate each alternative with respect to the easernents and rights-of- way needed for construction. 3-93 Task 2.1.7 Environmental Compliance Pricir to finß1i7jOtion of the PDR, environmental compliance'docwn;ntation cannot be accurately scoped or completed. However, it is necessary to make certain that environmental issues are addressed during the development of the various PDR project alternatives. An Environmental Constraints Analysis (ECA) is used to provide the required information, without the need for extensive field surveys. The ECA makes use of available information, aerial photography, and other previously prepared literature to assist in the engineering development of the project alternatives. In this manner, the alternatives can be planned to avoid environmentally sensitive areas and minimi7.e the need for subsequent environmental docwnentation efforts. Complete environmental compliance docwnentation for the project is included under Element 6 of this scope of services. The Consultant shall coordinate its effort with the City and the Consultant's Environmental Project Manager during the development of alternative projects for the PDR The Consultant shall provide environmental input to the preliminary engineering design effort for formulation of the PDR for the Wolf Canyon sewer a1ternatives. Environmental input under this task will be based on the assembly and compi1ation of existing reports and aerial photographs, and consultations with jurisdictional and responsible agencies. The scope of work for this task includes no field studies, as site access will not be available. However if the City obtains right-of-entry prior to the completion of the PDR and requests Consultant to conduct field surveys, the City and the Consultant shall negotiate in good faith for compensation of the additionál services.' The objectives of the task shall be to docwnent existing natural resources within the overall project area, and assist the engineering effort with identifying and refining a series of alternatives to be carried forward in the Wolf Canyon design. Specifically, the following services shall be performed: · Meet with City staff to kick -off proj ect. · Assist the project engineer in defining analysis input parameters (i.e., project design, site parameters, surrounding vicinity). · Obtain base mapping for study area. · Obtain available data. · Determine data adequacy. · Assemble data,to be used in the analysis. · Prepare a letter report summarizing findings of Constraints Study. Task 2.1.8 Constructability Assessment Construction of the Wolf Canyon Trunk Sewer facilities will be complicated by the proximity to Wolf Creek and other potential constraints within the canyon area. A constructability assessment for . each alternative shall be conducted to include discussions of the proximity to Wolf Creek, the availability of construction staging areas, construction access, construction timing in relation to environmental constraints, and other considerations that may impact the construction of each alternative. The Consultant shall present the results of the constructablity review in the PDR for each project alternative under Task 2.1.3 above. 3-94 -'"'~-- - - -.-......---..-- "---. --". ... ..-.,.----..,.-....-- - -'''''--'--' ..._-_..."---~- Task 2.1.9 Sanitary Sewer Service Evaluation Various developers are currently planning and/or constructing new communities that will be tributary to the Wolf Canyon Trunk Sewer system upon completion. For this reason. the Consultant shall assess the adequacy of each project alternative 1isted under Task 2.1.3 above for provision of sewer service to these planned communities. Information collected under Task 12 above shall be used to identify the location of potential connections from adjacent land planning activities. Of particular concern as of the writing of this scope are the following: Rock Mountain Road Creek Crossing (Village 4) Proposed Heritage Road Alignment (Village 2) Location of the proposed Low-Flow Stormwater Treatment Facilities Location of the proposed Low-Flow Stormwater Conveyance Facilities Location of Sewer Service Laterals and Tributary Pipelines Grading of East Side of Canyon for Pump Station Alternatives Constraints associated with the Sanitary and Stormwater Conveyance Systems The Consultant shall address these concerns as they relate to the various system alternatives, and provide a discussion of issues/facilities needed for service under each alternative in the PDR. Information developed under Task 1.2 above shall provide the basis for the analyses, and changed information resulting from developer revisions shall be considered additional services ifincorporated into the PDR. Task 2.1.10 Preliminary Opinions of Probable Cost Based on the analyses performed, the Consultant shall prepare preliminary opinions of probable cost for each alternative listed under Task 2.1.3 above. These cost opinions shall be used for comparative cost analysis between the various project alternatives, and shall not be used as a basis for bidding the project. However, the Consultant shall prepare the cost opinions in such a manner as to allow them to be used as a basis for budget estimation purposes. Cost factors to be included undertbis task shall include construction costs only, with no attempt to determine land acquisition costs, or other non- construction related costs. Relative horsepower sizing of the pump station facility alternatives shall be identified in the PDR. Task 2.1.11 PDR Preparatio?, Submittal & Review The Consultant shall prepare and submit a PDR for the Wolf Canyon Trunk Sewer. The PDR shall include ll-inch by 17-inch preliminary drawings (showing horizontal and ve.rtical alIgnment . sufficient for environmental evaluation and engineering comparison ofthe....arious altemàtives at approximately 200-scale) of the four (4) project alternatives listed in TàSk 2: 1.3 above, along vÏíth evaluations of the utility conflicts and other evaluation considerations specifically outlined in Task 2.1 of this scope. The alternative evaluations will be incorporated into the draft PDR and presented to the City for consideration. A total often (I 0) copies of the draft PDR will be provided to the City fOf review and comment. The Consultant shall attend one (l) meeting with the City and its Project 3-95 Manager to discuss the draft PDR and to select a preferred alignment for final design. This meeting shall be documented by the City's Project Manager. The results of the meeting sball be incorpomted into the final PDR. Comments received beyond the scope of the one (1) review meeting shall be considered additional services. A total of ten (10) copies of the final PDR shall be provided to the City for its use. The electronic files for the PDR shall also be provided to the City for its use. Task 2.2 Hydraulic Analyses Task 2.2.1 Wastewater Collection Facilities Upon receipt of the City's confinnation of the preferred project alternative determined under Task 2.1 above, the Consultant shall proceed with development of the hydrauIic design of the preferred Wolf Canyon Trunk Sewer alternative. The Consultant sha1l prepare a HydrauIic Design Report for the preferred alternative only. This report shall include determination of the design flows for the preferred alternative, a computer model (comparable to that provided forthe Salt Creek Interceptor Sewer) of the preferred alternative design; and detailed hydraulic information about the preferred alternative design. The project design shall incorporate the preferred alternative system for transmission of wastewater genemted within the Wolf Canyon drainage basin, as defined by the information derived under Task 1.2 and Task 2.1 above. Vertical alignment of pipeline designs shal1 be established based on established City design criteria, available topographic "information, and the utility conflicts that mayor may not exist. The Consultant shall provide ten (10) copies of the draft Hydraulic Design Report to the City for review and comment Consultant shall attend one (1) meeting with the City and its Project Manager to discuss the draft report and its findings. The City's Project Manager sball document the meeting, and Consultant sball review/coIl1IÍlent on the meeting notes, as appropriate. The findings of the meeting shall be incorporated into the final Hydraulic Design Report. Comments received beyond the scope of the one (1) review meeting shall be considered additional services. The City shall provide approval of the final Hydraulic Design Report prior to commencement of final design drawing preparation. Task 2.2.2 Stormwater Collection I Treatment Facilities Upon receipt of the City's confirmation of the preferred project alternative determined under Task 2.1 above, Consultant sha1l proceed with development of the hydraulic design of the stormwater collection facilities. Consultant shall prepare a Hydraulic Design Report for the preferred project alternative only. This report shall include the determination of the design flows for the preferred alternative, and detailed hydrauIic information about the preferred alternative design. Pipeline . designs shall incorporate gravity flow transmission of stormwater generated within the Wolf Canyon drainage basin, às defined by the information derived under Task 1.2 and Task 2.1 above. Vertical alignment of the preferred facilities shall be established based on established City design criteria, available topographic information, the selecteØ preferred alternative for the wastewater system, the location of identified access' roads, and the utility Conflicts that mayor may not exist. 3-96 ...-......."-.."" -~.-- ----_._-_.__.~----,.._- ---------.--.-.-- The Consultant shall provide ten (10) copies of the draft Hydraulic Design Report to the City for review and comment. Consultant sha1l attend one (1) meeting with the City and its Project Manager to discuss the draft report and its findings. The City's Project Manager shall document the meeting, and Consultant sha1l review/comment on the meeting notes, as appropriate. The findings of the meeting sha1l be incorporated into the fina1 Hydraulic Design Report. Comments received beyond the scope of the one (I) review meeting shall be considered additional services. The City shall be provided ten (10) copies of the fina1 report for its use. The City shall provide approval of the fina1 Hydraulic Design Report prior to commencement of final design drawing preparation. ELEMENT 3: SURVEYING & AERIAL PHOTOGRAPHY For the purposes of this revised Scope of Services, we have listed the specific tasks required for the Wolf Canyon project under this element. It is noted that aerial photography and surveying services for the project as outlined in Tasks 3.1 though 3.3 were completed in approximately May 2001. The original scope and fee for this element has been completed and the information developed is available for use on the project. It is anticipated that the previously completed aerial mapping and surveying services will be sufficient for use on the project. However, results developed under Element 2 of the project may result in the need for additional aerial mapping and/or surveying forthe project. In the event that additional aerial mapping and/or surveying services are required beyond those that have been completed, those services shall be considered additional work and will require specific City authorization before completion of the work. Task 3.1 Aerial Ground Control. Consultant shall establish the ground control for aerial mapping of the Wolf Canyon alignment, as defined in the original contract negotiations. Consultant shall set horizontal and vertical aerial control points along the alignment based on established City ofChula Vista benchmazks. Consultant shall coordinate with the aerial photography company for flight and processing of aerial mapping for the alignment as defined in the original contract negotiations. In the event that the original services under this task are detennined to require augmentation as a result of information developed under Task 2.1 above, the Consultant sha1l make recommendations to the City and acquire City approval of additional scope 'priorto completion of additional services. Task 3.2 Existing Utility Identification. Consultant shall conduct a field investigation of the alignment and visually identify existing utility locations prior to conducting f aerial photographic services. Consultant shall paint visual surface . features, including manhole lids, valve caps, and other utilities related to information collected during completion of the origina1ly defined scope for the project. In the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make recommendations to the City and acquire City approval of additional scope prior to completion of additional services. 3-97 Task 3.3 Aerial Photographic Mapping. Consultant sha1l coordinate the preparation of topographic mapping at a scale of I-inch equals 20- feet, with I-foot contour intervals for the pipeline alignment included in the originally defined scope for the project. Utilities identified under Task 3.2 above shall be identified on the aerial mapping for the alignment. In the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make recommendations to the City and acquire City approval of additional scope prior to completion of additional services. Task 3.4 Pothole Survey. Services under this task shall be conducted for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. (This task has not been completed to date). Task 3.5 Wolf Canyon Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Records of Survey or Comer Records with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Wolf Canyon project. The following is a list of services to be performed for the Surveying and Mapping portion of the project: Field Crew Preparation. County of San Die!!o Mall Records Research and Calculate Record Maps: Consultant shall review recorded maps within the area of construction for the project within Wolf Canyon, approximately 30 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce field notes. Monumentation Tie Out: Consultant shall locate and reference with durable monumentation found monuments with the above-described area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Survey or Comer Records (which ever is appropriate) showing found and set monuments, and reference points within the above described area of construction. Consultant sha1l record the Record of Survey with the County of San Diego, and calculate record maps researched at the County of San Diego. Set Monumentation: Consultant shall re-set found monuments within the area of construction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing any well monuments. The Consultant 3-98 ....._,-~_._- ._,_._---_._----_.._.~-~.." -- shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. Sll1Jèrvision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculatioDs clirectI.y related to the field surveying tasks Iisted above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changès to the design criteria, obtaining permission from off site property owners for work outside of Client's area of ownership, construction , inspection and supervision, as-built surveys, surveys for construction of buttress fills or for borrow / disposal sites, construction surveys for landscaping and/or irrigation improvements or private . sidewalks, restaking for any purpose or reason (unless authorized to do so as additional work), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written City approvals or instructions previously given or are required by the enactment or revision of codes, laws, ot regulations subsequent to the preparation of such documents, presentations and preparation of documents and exhibits for hearings, community groups or review committee, and blueprinting / reproduction services. (This task has not been completed to date. However, these services were negotiated in conjunction with similar Salt Creek services and are included at this time on that basis). ELEMENT 4: GEOTECHNICAL INVESTIGATION & SOILS REPORTS The original project budget included a total of eleven (11) soil borings along the Wolf Canyon alignment. However, as the PDR will define the preferred alignment of the project, the scope of the geotechnical services for the project may change. The scope of Element 4 will be defined following the completion of Element 2 above. As with Element 3 above, a portion of the scope under the original project definition was completed in October 2000. Information gained from the completed work shall be used in completion of the Wolf Canyon project. ELEMENT 5: FINAL DESIGN DRAWINGS Services under this task shall be conducted for the preferred project alternative only, as defined by . Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed tinder Element 2 of this scope. No services are included under this element of the project at this time. Meetings associated with the original project scope were conducted between December 2000 and May 200 I, resulting in the expenditure of a small portion of the originalproject budget. Tl).e City shall receive credit for these services in the revised scope and fee for the project. , 3-99 EL~MENT 6: IDENJ1FYING ENVIRONMENTA,}.. CON§TRAINTS, PQEP ARlNG QEQUlSITE ENVIRONMENTAL DOCUMENTS AND OBTAINING ALL RELATED PERMITS RELATED TO FINAL DESIGN Services under this task shall be conducted for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee sha1l be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. Services associated with the original project scope were conducted between June 2000 and December 2000, resulting in the expenditure of a portion of the original project budget. The City shall receive credit for these services in the revised scope and fee for the project. ELEMENT 7 OPINIONS OF PROBABLE CONSTRUCTION COST Services under this task shall be conducted for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. ELEMENT 8 CONSTRUCTION SPECIFICATIONS Services under this task shall be conducted for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. ELEMENT 9 . RIGHT-OF-WAY DOCUMENTS & ENCROACHMENT PERMITS Services under tliis task shall be conducted for the preferred project alternative only, as defined by Element 2 above.. An appropriate scope and fee sha1l be negotiated between the City and the Consultant following completión, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. .. ELEMENT 10 CONSTRUCTION SUPPORT SERVICES Services under this task shaH be conducteq for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the 3-100 "'-""'---"---'.-~"- ----.------ - ~~ ----~- Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this'element of the project at this time. · ELEMENT 11 PROJECT MEETINGS Task 11.1 Weekly Project Meetings. Consultant shall attend weekly project meetings during completion of the pre1iminary and fina1 design effort. Each meeting is assumed to require four (4) hours of the Consultant Engineering Project Manager's and ProjectEngineer' s time, and four (4) hours of the Consultant's Environmental Project Manager's time. Each meeting shall be scheduled and conducted by the City's Project Manager, and the Project Manager shall document each meeting. Furthermore, for the purposes of scope definition, only the Consultant's Engineering and Environmental Project Managers are · assumed to attend the weekly project meetings unless additional staff is requested to attend by the City or its Project Manager. Additional meetings or meeting time, or attendance by staff other than Consultant's project managers, shall be considered additional services. Task 11.1.1 Pre-Design Project Meetings As of the writing of this scope, the proposed schedule for completion of the Wolf Canyon preliminary design effort is two (2) months. Therefore, for purposes of scope definition, Consultant shall attend eight (8) project meetings during the predesign period. · Task 11.1.2 Final Design Project Meetings As of the writing of this scope, the proposed schedule for completion of the Wolf Canyon fina1 design effort is five (5) months. Therefore, for purposes of scope definition, Consultant shall attend twenty (20) project meetings during the final design period. Task 11.2 Developer Coordination Meetings. During the course of the pre1iminary and final design completion, meetings shall be held with various developers concerned with the Wolf Canyon Trunk Sewer. Consultant sha11 attend these · meetings as directed by the City or its Project Manager, within the limits of the scope definitions below. The City's Project Manager shall scbedule and conduct the meetings, and shall be responsible for documenting each meeting. These meetings are assumed to require four (4) !lours of the Consultant's Engineering Project Manager's time, and are assumed to be only attended by Consultant's Engineering Project Manager. Additional niee~sor meetingtime;-or attendance of· additional staff members, shall be considered additional sëivices. . n.. -. · 3-101 Task 11.2.1 Predesign Coordination Meetings For purposes of scope definition, a total of two (2) developer coordination meetings are assumed to be attended by the Consultant during the preliminary design phase of the project. Task 11.2.2 Final Design Coordination Meetings For purposes of scope definition, a total of three (3) developer coordination meetings are assumed to be attended by the Consultant during the final design phase of the project. Task 11.3 Miscellaneous Project Meetings. Based on the fact that the W olfCanyon project is not completely defined at the writing of this scope, it is considered prudent to include miscellaneous meeting attendance in the scope. Consultant shall attend meetings as directed by the City or its Project Manager during the preliminary design phase of the project. For the purposes of scope definition, each meeting under this task is assumed to require four (4) hours of the Consultant Engineering Project Manager's time and a total of ten (10) miscellaneous meetings are assumed. Consultant shall only charge time to this task as approved and authorized by the City. The City shall provide written request for Consultant to attend meetings that are to be attributed to this task. Email requests from the City for meeting attendance shall be considered written authorization for attendance at said meetings under this task. Additional meetings or meeting time, and additional staff other than the Consultant project manager, shall be considered additional services. ELEMENT 12 OTHER DIRECT EXPENSES Direct costs that are associated with the proposed Wolf Canyon services may include mileage, reproduction of documents, postage and delivery charges, and other charges as discussed below. Task 12.1 Printing & Reproduction. Consultant shali provide printing and reproduction of various project deliverables, or other information requested by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing. of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. 3-102 __._ .____....._.'u___.._~_____."_.____ ... .._.__.,_._._..~ "'.___.._________ Task 12.2 Mail & Delivery Services: . Consultant shall provide mail and delivery services for varions project deliverables, or other information requested by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Task 123 Local Travel Expenses. Consultant shall require local travel to attend meetings, conduct investigations, site visits, and other services as required by the project or requested by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant sha11 provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Task 12.4 Miscellaneous Expenses. During completion of the design phase of the project, Consultant shall be required to expense various costs, including but not limited to application fees, copy fees, parking and tolls, or other expenses which are not covered under Tasks 12.1 through 12.3 above. It is considered prudent to provide budget allocation for miscellaneous expenses to facilitate timely completion of the Wolf Canyon project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accòrdance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that, which can be funded by thei~itial budget, shall be provided as an additional service upon authorization by the City. Consultant shall only charge expenses to this task as approved and authorized by the City. The City shall provide written apprpval to Consultant for expenses attributed to this task. Email approvals from the City for miscellaneous expenses shall be considered written authorization under this task. 3-103 THIRD AMENDMENT COST SUMMARY The Consultant proposes to do the work involved in Part A of this amendment for the following "Not to Exceed" amounts. SALT CREEK COST SUMMARY - - - ,- '~~-~-~--"-'" ~- - __ __ T- - - - -- - - - - L _ _ _ -_ __=~~<--=~:_='---;;¡ 1ement 3 - Surveying & Aerial Pbotognpby Task 3.10: Phase ill Additioaal SurveyinglMapping Services (SO Water Line) Task 3.11: Hollister St Alignment Aerial Mapping Task 3.12: Additioaal Phase I Monument Petpetuation Services Task 3.13: Phase ill Monument Perpetuation Services Task 3.14: Phase IV Monument Perpetuation Services Task 3.15: Additional As-Needed Surveying Services Element 4 - Geotecbnicallnvestigations & Soils Reports Task 4.7: Additioaal Phase II Geotechnical Services Task 4.8: Additioaal Phase ill Geotechnical Services (ement 5 - Preparation of Design Drawings Task 5.9: Design Plans for Interim Sower Connection Task 5.10: Phase II Design Completion Task 5.11: Phase ill Design Modifications Task 5.12: Phase IV Design Completion Task 5.13: Additional Phase II Traffic Plans (Main St.) Task 5.14: Additional Traffic Plans for Interim Sewer Connection Task 5.15: Phase II & ill Additional Structural Design Task 5.16: Phase ill & IV Electrical Instrumentation Design Task 5.17: Phase ill Storm Drain Interceptor Evaluation Task 5.18: Phase IV Rehabilitation of Existing 24-inch Sewer (Initial Budget) Task 5.19: Remove Pump Station Decoonnissioning Services lement 6 - Environmental Compliance Documentation Task 6.13: ConceptuaI Wetlands Mitigation Plans $8,00 Task 6.14: Focused Quino CheckelSpot Butterfly Surveys $24,15 Task 6.15: General MitigationMonitoring $14,12 Task 6.16: Biological Mitigation Monitoring $26,06 Task 6.17: Paleontological Construction Monitoring $69,524 Task 6.18: Noise Measurements of Construction Activities $2, Task 6.19: Meeting/ProjectManagement/DirectCosts $12,22 Task 6.20: Additional As-Needed Environmental Services $15,647 SI72,121 3-104 --_._._~-'---'-"--'--~-~---'--' Element 11 - Construction Snrveying On-Call Construction Staking Completed To-Date Construction Staking for Phase ill Biological Surveys Completed To-Date lement 13 - Tunnel Oversight Services Task 13.1: Pbase II Civil Inspection Services Task 132: Phase II Microtunneling Inspection Services Task 13.3: Subconsultant Change Credit Task 13.4: Additional As-Needed Engineering Services eetings Out-of-Scope Meetings Completed To-Date $75, Engineering Consultant Meetings to Complete Project $35, S110, Ipenses Additional.Project Expenses to Complete Project $5, ~-- ---- --------------~----------- 3-105 The~Consultant proposes to 49 the work involved in Part B oj this ~endment for the following "Not to Exceed" amounts. WOLF CANYON COST SUMMARY -- - - -- ,. -- -- , - -- ---~ ---- - ~~--- - - -- ---- , - - ---~-- ~ - -- ~ - -- ----- , " " _.-=-___{.;~~~~~\.=_~~"'__::_=_'-' _,r-=~L~~---=-__~" _ __ .__--:_~__ _ _ <__. -=---==.::o....:::___~ "Elemeo"t"-I'-"Ds-ta C"o'U'ectioo"" Review Task 1.1 - Project Kick-Off Meeting $1,340 Task 1.2 - Collect Existing Data $9,130 Task 1.3 - Exisitng Utility Data $3,765 $14,235 Element 2 - Project Design Task 2.1 - Preliminary Design Report Task 2.1.1 - PDR Meetings $2,120 Task 2.1.2 - Develop! Analyze Alignment Alternatives $9,650 Task 2.1.3 - Access Roads & Trails $4,620 Task 2.1.4 - Stonnwater Collection & Treatment Systems Task 2.1.4.1 - Basm Mapping $9,555 Task 2.1.4.2 - Basm Hydrology $11,505 Task 2.1.4.3 - Stonnwater System Layout & Sizing $1O,08( Task 2.1.4.4 - Bypass Flow Structures $6,601 Task 2.1.4.5 - Wetlands Treatment Area $7,95[ Task 2.1.4.6 - Opmion of Probable Construction Cost $2,775 Task 2.1.5 - Geotechnical Investigations $6,190 Task 2.1.6 - Construction Easement Requirements $3,640 Task 2.1.7 - Environmental Constramts Analysis $10,545 Task 2.1.8 - ConstructabiIity Assessment $2,960 Task 2.1.9 - Sanitary Sewer Service Evaluation $5,63[ Task 2.1.10 - Preliminary Opinions of Probable Cost $2,660 Task 2.1.11 - PDR Preparation, SubmittaI & Review $9,860 Task 22 - Hydraulic Analysis Task 22.1 - Wastewater Collection Facilities $6,965 Task 22.2 - Stonnwater Collection & Treatment Facilities $6,965 $120,271 Elelmeot 3 - Surveyi¡lg ,. Aerial Photography Task 3.1 - Aerial Ground Control '(TœkCompl.tøJj $8,281 Task 32 - Existing Utility Identification (T",t Comp/<tøJj $4,30( Task 3.3 - Aerial PhotographicMapping (r",tcompleteJ $16,96: Task 3.4 - Pothole Survey (To Be Defined Following PDRD<velopment) $1 Task 3.5 - Monument Perpetuation (To Be Defined FoIlawingPDR D<velopment) $1 $29,542 Element 4 - Geotechnical Investigation ,. Soils Reports Geotechncial Services Completed under Original Scope $949 .. 3-106 - - ---.-.--..--.--..--.-..-----....--.......--.--......- Element 5 - Final Design Drawings Engineering Services Completed under Original Scope Element 6 - Environmental Documentation & Permitting Environmental Services Copleted under Original Scope $13 Element 7 - Opinions of Probable Construction Cost ··To Be Scoped and Negotiated Following Completion of Element 2 abow.. Element 8 - Construction Specifications ·*To Be &oped and Negotiated Following Completion of Element 2 above.. SO Element 9 - Rigbts-of-Way & Encroacbments ··To Be Scoped. and Negotiated Following Completion of Elemenl 2 abow·· Element 10 - Construction Support Services UTa Be Scoped and Negotiated Following Completion 01 Element 2 above" Element 11 - Project Meetings Task 11.1 - Weekly Project Meetings Task 11.1.1 - PDR Project Meetings Task 11.12 - Final Design Project Meetings (10 be defUledfollowing PDR deYelop..."') Task 112 - Developer Coordination Meetings Task 11.2.1 - PDR Corrdination Meetings Task 11.22 - Final Design Coordination Meetings (to.be defined/ollowing PDR deYelop...nt) Task 11.3 - Miscellaneous Project Meetings lement 12 - Otber Direct Expenses Task 12.1 - Printing & Reproduction Task 12.2 - Mail & Delivery Services Task 12.3 - Local Travel Expenses Task 12.4 - Miscellaneous Expenses Task 12.5 - Environmental Expenses NOTES: .-- · Services completed prior 10 Amendment No. j will not be l1rvoiced apt" under A.iM1Ìdment No. ]- · Amendment No. J np[Qcu original Wolf Canyon Scope and Fee In Its entirety. · Consultant &: City wi/I negotiate final design &: environmenlal servicufollowing completion of PDR. · - Elements 3 through J 2 may be impacted by results of PDR. Additional ICOpe andfee will be nego/ûited, as appropriate. Wolf Canyon scope defines basis of fee shown above. · Additional work wilt require specfiic prior authorization oJ lhe City & preparation o/Contracl amendment Âuthorization Form. 3-107 Signature Page to Third Amendment To The Agreement Between The City of Chula Vista And Consultant & Associates, Inc For the provision of Environmental and Engineering Services required for the Final Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer IT WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: DATED: CITY OF CHULA VISTA By Shirley Horton, Mayor Attest: Susan Bigelow City Clerk Approved as to form: Æ~ DATED: . .E·-:1IZ~r Exhibit List to Agreement 4 2l~'iD (X) Exhibit A J:\Engineer\AGENDA \ Third-Amendment-Dudek-Contract-Agreementac.doc . . 3-108 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC For the provision of Environmental and Engineering Services required for the final design and construction of the Salt Çreek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. THIS FOURTH AMENDMENT TO THE AGREEMENT FOR ADDITIONAL CONSULTANT SERVICES is entered into as of September 21, 2004, by and between the City of Chula Vista (CITY), a municipal chartered corporation of the State of California, and Dudek & Associates, Inc. (CONSULTANT), a California Corporation. RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2,2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there was a need for · additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the fIrst amendment to the contract that was approved at a staff level; and; WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21, 2001, by Resolution No. 2001-272; and; WHEREAS, since then, due to changes in the project scope, there was a need for additional · consultant services in order to complete the [¡nal design and construction of the Salt Creek Gravity . Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer, which resulted in the third amendment to the contract that was approved by City Council on August 27, 2002, by Resolution 2002-340; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipated in the original contract, first, second and third amendments in order to complete the construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer line; and · 3-ÙJ9 WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; WHEREAS, the Original Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect except as modified by this Fourth Amendment, and; NOW, THERFORE BE IT RESOLVED, that the parties do herebymutua1ly agree that the agreement is hereby amended as follows: 1. Exhibit A, Sections 8A and 8B, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; 8. Dermed Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR ELEMENT 6: ENVIRONMENTAL COMPLIANCE DOCUMENTATION. Task 6.16 - Biological Mitigation Monitoring. The scope for this task includes monitoring construction activities through monthly field visits to ensure that mitigation measures and construction specifications were followed by the Contractor. ELEMENT 13: CONSTRUCTION SERVICES Construction activities associated with the Salt Creek Interceptor have been extended as a result of the Contractor's equipment difficulties and other unforeseen needs. Therefore, Consultant services are needed to facilitate the completion of the project. These services include those of the Consultant, as well as the project specialty subconsultants. Services under this element of the scope are developed based on the projection of the construction to be extended beyond the originally proposed completion date of the Phase II construction. Task 13.4 - Additional Construction Services. Services under this task will include the services for Phases II, ill, and IV of the project, as outlined below: Task 13.4.1- Electrical Services. Completion of Phases ill & IV of the project requires significant evaluation and coordination with the City's telemetry consultant and the electrical contractors. As a result, additional meetings and shop drawing reviews are necessary. The Consultant and his electrical subconsultant will provide the necessary meetings and reviews for completion of the Phase ill & IV construction. Task 13.4.3 - Additional Services During Construction. The Consultant's original scope included 3-ft-o ........ -- --......-.-. ,-.---...----.-.------..------ Services During Construction (SDC), consisting of shop drawing review, requests for information, site visits, construction meetings, and other construction related services. Extension of the construction period will result in additional SDCs to be completed. These services will primarily be associated with the Phase II portion of the project. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Task 13.2 - Microtunneling Oversight Services. Amendment No.3 to the contract added the services of a specialty subconsultant for the specific review and oversight of the microtunneling portions of Phase II construction. With the extension of the construction period, additional services will be required under this task. The Consultant's scope of work will include the provision of micro tunneling specialty construction management support services to the City. The Consultant shall provide specialty inspection along with office engineering support through a local, qualified subconsultant. The Consultant shall administer the subconsultant contract with its subconsultant with regard to microtunneling inspection, and shall respond to their questions regarding general design intent and associated civil design matters to facilitate understanding of the project design. The scope of work for this task shall include the following general tasks: Submittal Reviews, Construction Inspection, Meetings, and Final Report. These services currently exclude assistance with claim resolution or change order evaluation. EXPENSES Direct costs that are associated with Salt Creek Interceptor Sewer services include mileage, reproduction of documents, postage and delivery charges, and other charges. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. MEETINGS Consultant has been required to attend frequent project meetings during completion of the construction effort for the project. These meetings typically require a minimum offour (4) hours of the Project Manager's and Project Engineer's time. As the project continues, additional meetings will be held. Consultant shall attend meetings in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the initial budget for this task. 3-fl1 B. SCOPE OF WORK FOR THE WOLF CANYON TRUNK SEWER PROJECT The following Scope of Work is a continuation of the work outlined in Amendment No.3 of the Wolf Canyon Trunk Sewer Project. The Scope ofW ork for Amendment No.3 details workrequired to be completed during the preliminary design phase, culminating in the preparation of a PreliminRry Design Report (PDR), as well as remaining services to complete the project as currently defined by the City. The City has decided to construct the Wolf Canyon Pipeline within a new roadway, thereby eliminating the need for Final Design Engineering under this contract. PHASE 1 - PDR ENGINEERING SERVICES Task Q - PDR Preparation. Under the original project scope, engineering efforts for preparation of the PDR were confmed to general evaluation of the jeep trail alignment. However, during the project, additional detail was desired by the City with regard to the jeep trail alignment. Increased detail in these evaluations resulted in additional engineering effort and coordination with the surveying and environmental portions of the project. The Consultant is required to prepare more detailed plans (40-scale) and drawings to facilitate the increased detail of the project. PHASE 3 - PDR SURVEYING SERVICES Task C.l- FAA Easement Confirmation Surveying. Provision of additional surveying services necessary to delineate the existing FAA Easement within the W olfCanyon Basin. This task involves researching record documents, coordination with adjacent utilities with vested interests in the region (i.e. Pacific Bell, SDG&E), establishment offield ties, conducting field surveys, analyzing results of filed surveys and preparing plats showing the FAA easements and the "Jeep Trail" on a 50" scale. Task C.2 - PDR Alignment Confirmation Surveying. The original scope specifically excluded field-surveying services as a result of access limitations to the project site. Since that time and during the preparation of the PDR, those access restrictions have been mitigated. As a result, the Consultant shall be required to provide additional surveying of the project alignment at approximately 250-foot intervals for field location studies and to verify existing contour accuracy at 100 foot intervals. Specific tasks include conversion of the existing aerial mapping, establishment of two (2) RTK localizations, field staking of the proposed pipeline alignment at approximately 250 intervals, along with supervision and office services. PHASE 6 - FINAL DESIGN ENVIRONMENTAL SERVICES Task D - Biological Resources Mapping. Consultant shall be required to conduct a general biological reconnaissance survey of the entire property to create a baseline biological resources map with vegetation communities and conspicuous sensitive species locations. Vegetation communities shall be mapped according to Holland. All mapping shall be done in the field directly onto a 100- or 200-scale (I "=1 00' or 200') topographic or aerial photographic bases and later digitized into Geographical Information System (GIS) format using AutoCAD and ArcView. Where feasible and necessary, vegetation boundaries shall be delineated using a Global Positioning System (GPS) backpack unit and later downloaded into ArcView. During these field surveys, a general inventory 3-ftz -"-- --~_.._. -_........- _.-...... ... _.._...__...__.._---~._------- of plant and animal species detected by sight, calls, tracks, scat, or other signs shall be compiled as well as a determination of potential sensitive species, which could occur on the project site. Observable sensitive resources including rare plants (including Otay tarplant) and conspicuous wildlife (i.e., birds and some reptiles) commonly accepted as regionally sensitive by the California Native Plant Society (CNPS), Califomia Department ofFish and Game (CDFG), and United States Fish and Wildlife Service (USFWS) shall be recorded and later digitized into a GIS format and added to the Biological Resources Map. Consultant also shall conduct a delineation of areas of the project site that are under the jurisdiction of the CDFG as wetlands pursuant to Sections 1600-1603 of the CalifomiaFish and Game Code and under the jurisdiction of the ACOE pursuant to Section 404 of the federal Clean Water Act as waters of the United States, including wetlands. The ACOE wetlands delineation shall be performed in accordance with the Federal Manual for Identifving and Delineating Jurisdictional Wetlands (TR Y_ 81-1). The wetlands delineation shall consist of the field identification of jurisdictional wetlands using the three criteria described in the ACOE manual: hydric soils, hydrology and hydrophytic vegetation; a predominance ofhydrophytic vegetation, where associated with a stream channel, will be used to define CDFG-regulated wetlands. Task E - Focused Survey for California Gnatcatcher. Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Directed surveys for the federally listed threatened California gnatcatcher shall be performed in all potential habitat areas, including marginal habitat, on the project site. The surveys were conducted according to the guidelines adopted by the USFWS on February 28, 1997. Three (3) site visits are required at a minimum interval of seven days to obtain an adequate accuracy of counts. As specified in the USFWS guidelines, surveys shall be conducted only during clement weather conditions to avoid excessive or abnormal heat, wind, rain, or fog. Data shall be collected on the number of individuals, and habitat characteristics, including slope, elevation, dominant vegetation types, and habitat disturbances. The locations of observed Califomia gnatcatchers shall be mapped on an acetate overlay on an aerial photograph. These data should be used to estimate the number of California gnatcatchers on the project site and to identify those areas, if any, supporting high California gnatcatcher population densities. A report containing the findings of the survey was prepared in accordance with the requirements of the USFWS. Task F - Preliminary Biological Impact Analysis. Consultant shall conduct a preliminary biological impact analysis of the Wolf Canyon Sewer alignment for purposes of comparing impacts of the proposed alignment to other "out-of-canyon" options that are currently being studied. The preliminary biological impact analysis shall be based upon the alignment identified in the Preliminary Design Report and upon assumptions to be developed by Dudek and agreed to by the City. A letter report of the findings of the analysis shall be prepared and should include impacts to vegetation communities and sensitive biological resources. Impacts shall be characterized in terms of direct, indirect and cumulative effects on species and habitats, and should be described in terms of their presence onsite and regional significance. Graphics would illustrate the location of the site and the existing biological condition of the site. Potential impacts to sensitive resources shall also be 3-1-h discussed in terms ofCEQA requirements and the requirements of the Subarea Plan. This task also includes meetings and coordination with City staff in evaluating alignment options. 3-fh --~ - - --~_...--.._-_.. -+ ----+-- . . --_.._-_..._...~-_.._.._._.....,'----,._-,-----~--------...+---- --'- FOURTH AMENDMENT COST SUMMARY The Consultant proposes to do the work involved in the Salt Creek Gravity Sewer Project portion of this agreement for the following "Not to Exceed" amounts. Element 6 - Environmental Compliance Documentation Task 6.16: Biological Mitigation Monitoring $44,300 Element 13 - Construction Services Task 13.2. - Micro-tunneling Oversight Services $161,999 Task 13.4. - Additional Construction Services Task 13.4.1 - Electrical Services $9,070 Task 13.4.3 - Additional Services During Construction $79,290 Expenses $10,000 Meetings $12,650 The Consultant proposes to do the work involved in Part 2 - Wolf canyon Trunk Sewer Proj ect portion of this agreement for the following "Not to Exceed" amounts. ;;Sqo Phase 1 - PDR Engineering Services Task Q: PDR Preparation $ 19,260 Phase 3 - PDR Surveying Services Task C.I: FAA Easement Confirmation Surveying $ 13,275 Task C.2: PDR Alignment Confirmation Surveying $ 12,361 I Phase 6 - Final Design Environmental Services Task D - Biological Resources Mapping Task E - Focused Survey for Califomia Gnatcatcher Task F - Prelimin Biolo ical 1m act Anal sis 3-rr'5 d 6 Sq Ii)¡ 671{) Signature Page Fourth Amendment To The Agreement Between The City of Chula Vista And Dudek & Associates, Inc For the provision of Environmental and Engineering Services required for the Final Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer. IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: DATED: CITY OF CHULA VISTA By Stephen C. Padilla, Mayor Attest: Susan Bigelow City Clerk Approved as to form: Anne Moore City Attorney DATED: Exhibit List to Agreement (X) Exhibit A J:\Engineer\AGENDA\Fourth-Amendment~Dudek-Contract-Final.ac.doc 3-rh .._......_..._ _ _ ~._.,.._.~__w. ------.-~.._._..._--- -_.-- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INCORPORATED FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, due to changes in the project alignment, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the first amendment to the contract that was approved at a stafflevel; and; WHEREAS, due to changes in the project alignment, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21,2001, by Resolution No. 2001-272; and; WHEREAS, due to changes in the project scope, there was a need for additional consultant services in order to complete the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer, which resulted in the third amendment to the contract that was approved by City Council on August 27, 2002, by Resolution 2002-340; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipated in the original contract, first, second and third amendments in order to complete the construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer line; and WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the fourth amendment to an agreement with the Dudek & Associates for the 3-117 "_._n______.._ -..---..-."------------ -'--'~----- · provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer, copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Jack Griffin Director of General Services 3-118 COUNCIL AGENDA STATEMENT Item --1- Meeting Date 9/21/04 ITEM TITLE: A) Resolution Authorizing SANDAG to Claim and Transfer to the City Of ChuJa Vista $220,500 from the City's Prior-Year Una1located Transportation Development Act (TDA) funds and Appropriate the Funds for an Operator/Servicer/Mechanic (OSM) Retention and Performance Incentive B) Resolution Approving First Amendment to Agreement between City of Chula Vista and A TCN ancom Corporation and authorizing the Mayor to execute the Amendment SUBMITTED BY: Director of Public Works Operations~ REVIEWED BY: City Manage~ (4/Sths Vote: Yes ~No---1 City Transit staff, with collaboration from the San Diego Imperial Counties Labor Council, would like to reward bus operators and maintenance staff for providing a top quality service and demonstrating a safe and dependable work ethic. A performance-based OSM incentive is being recommended for this purpose. A total of $220,500 would be appropriated for this incentive from the $835,277 available to the City from the City's Prior-Year Unallocated TDA. RECOMMENDATION: That Council adopt the resolution approving the claim, transfer, and appropriation of $220,500 for the creation of an OSM Retention Incentive; That Council adopt the resolution approving the amendment to the City and ATCNancom Agreement; and That appropriating be contingent upon approval of ATC's labor union represented employees. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Background On July 24,2001, Council approved the Second Amendment to the Agreementbetween the City and San Diego Transit Corporation for fixed-route bus service. This amendment included an Operator Incentive Bonus clause. The incentive bonus consisted of a one-time annualized amount of $60,000, which was to be distributed at the discretion of the City to the transit contractor. In turn, the contractor would award the incentive to the Chula Vista Transit (CVT) operators who met qualifying criteria. At that time SDTC was paying CVT bus operators $8.60 per hour. The incentive bonus was not continued with the new contract dueto the inclusion of the Metropolitan Transit Development Board's Responsible Living Wage policy in the City's new transit contract language. The responsible living wage policy set a minimum of$9.00 per hour for transit operators. Our new transit contractor, ATC, Rev: 9/16/2004; 10:59 AM 4-1 - _._-~"-,_.~......._--- --- "...---....---.-.-- ---_.._.._--,-,..._--~--------------- Page 2, Item 4- Meeting Date 9/21/04 bid a minimum of$9.25 per hour for the first year and a $0.25 cent increase per year for the term of the contract. Currèntly, operators' wages are at $9.75 per hour. With cooperation from the San Diego Imperial Counties Labor Council, it is Transit Staffs recommendation to reestablish the operator incentive and to include mechanics and servicers. As it did in the past, this incentive program will help maintain a qualified and stable work force by rewarding dedicated and responsible CVT employees. Qualifying criteria directly links incentive to OSM performance, hence increasing CVT system performance. Additionally, this incentive program is a way for the City to contribute to the financial well being of our CVT operators, mechanics, and servicers without interfering with the compensatory agreements between the Contractor and its employees. FY 05-FY 07 Incentive Detail Create a three fiscal-year performance/incentive pool retroactive to July I, 2004, by using $220,500 of City's Unallocated TDA funds that total $835,277. Divide the incentive into a split between operators/servicers (71) and mechanics (9). The actual percentage split is 88.75%/11.25% between operators/servicers and mechanics; however, transit staff is recommending a 91.00%/9.00% split. This takes into consideration the additional responsibility operators face on the road and the lower wage of the servicers versus the mechanics. The annual incentive would then be divided into 12 equal parts and distributed monthly. The possibility of a larger incentive per employee exists depending on the number of employees who qualify for the incentive. Proposed Incentive Pool: Fiscal Year Incentive Snlit Operators/Servicers Mechanics FY 05 $63,500 $58,000 $5,500 FY06 $73,500 $67,000 $6,500 FY07 . $83,500 $76,000 $7,500 Total $220,500 $201,000 $19.500 Detailed Wage Increases with Incentive: *BUS OPERATORS/SERVICERS Monthly Incentive/ ··Per Hour Current Scheduled Hourly Rate % Increase per Incentive Operator/Servicer Equivalent Hourly Rate Scale w/Incentive Hour (71) (160 Hrs/Mo) ûperator Servicer ûperator Servicer OrJerator Servicer FY05 $4,833 $68.08 $0.425 $9.75 $8.75 $10.175 $9.18 4.436% 4.86% FY06 $5,583 $78.64 $0.491 $10.00 $9.01 $10.491 $9.50 4.910% 5.45% FY07 $6,333 $89.20 $0.558 $10.25 $9.29 $10.808 $9.85 5.444% 6.00% · Assumes all operators and servicers qualify for incentive .. Not part of the wage scale only for comparison 4-2 Page 3, Item~ Meeting Date 9/21/04 *MECHANICS Mo. Incentive! **Per Hr Inc. Mechanic Equivalent Current (Top) Hourly Rate Hourly Rate wlIncentive % Increase per Hour (9) (160 Hrs/Mo) Bv Class A B C A B C A B C FY05 $458 $50.93 $0.318 $24.29 $19.63 $16.76 $24.60 $19.95 $17.09 1.31% 1.62% 1.90% FY06 $542 $60.19 $0.376 $25.02 $20.22 $17.27 $25.40 $20.60 $17.65 1.50% 1.86% 2.18% FY07 $625 $69.44 $0.434 $25.77 $20.82 $17.78 $26.20 $21.25 $18.21 1.68% 2.08% 2.44% * Assumes all mechanics qualify for incentive ** Not part of the wage scale only for comparison In order to qualify for this incentive, operators and mechanic/servicers must meet the following criteria on a monthly basis: Criteria Operators/Servicers Mechanics Full Active Duty (Past Probation and not on Worker's X X Compensation or on Disabilitv) * Work at least 168 hours paid time durina the Qualifvina Month X X No Miss-outs (Late/No Shaws) X X No Preventable Accidents X X No Traffic Violations Issued bv Swam Officer while on Duty X X * Active per primary job description Transit Staff recommends an amendment to the existing transit contract with ATCNancom to administer the payout of the incentive. The incentive would be included as part the monthly invoice. ATCNancom would be responsible for the distribution and payroll adjustments for all employees who earned the incentive. The City's Transit Coordinator will be responsible for overseeing this incentive and retains the right to revise the qualifying criteria at any time and to have the fmal decision on any disagreement regarding the award of this incentive to Contractor's employees. FISCAL IMPACT: CVT operations and capital programming contains no City of Chula Vista General Fund contribution. A total of $220,500 would come from the City's prior-year unallocated TDA fund reserves. An estimated balance of $614,777 would remain under the control of the City. ATTACHMENTS: I) Original Agreement - Pro Forma Contract Section 2) First Amendment to Agreement between City of Chula Vista and ATCN ANCOM. File: DS-027/035 H:\Public Works OperationslAl13's 2005IAl13 Driver Mechanic Retention Bonusjrc rev.doc 4-3 ..._. __.·m·.._..··.·._.____ _ ____~._.___._______~_ AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATCNANCOM, INC. FOR CVT FIXED-ROUTE BUS SERVICES THIS AGREEMENT is made and entered into this day of , 2002, by and between the City of Chula Vista, hereinafter referred to as "AGENCY" and A TCN ANCOM, hereinafter referred to as "CONTRACTOR." WI TN ESS ETH: WHEREAS, the AGENCY is an eligible transit operator to the extent authorized by Section 99210 of the Public Utilities Code; and WHEREAS, the AGENCY provides fixed-route pUblic transit services to the City of Chula Vista and portions of the jurisdictional areas of the City of National City and the County of San Diego; and WHEREAS, the AGENCY has authority to enter into Agreements with transit companies for provision of public transportation service in unincorporated areas and the above-stated jurisdictions; and WHEREAS, CONTRACTOR has represented that it has the necessary expertise, personnel, and other resources, and is qualified to perform'such services. NOW, THEREFORE, it is mutually understood and agreed as follows: 'I. STATEMENT OF WORK CONTRACTOR shall operate and manage public transit bus service in the area herein specified in a manner acceptable to the AGENCY and in strict compliance with this Agreement and with the requirements set forth in Exhibit A, entitied "Scope of Work", attached hereto and by this reference incorporated herein and made a part thereqf. CONTRACTOR's Technical Proposal submittal shall also be attached to this Agreement and incorporated as a plan for fulfilling the requirements in the Scope of Work. II. GENERAL PROVISIONS A. Chanqes The AGENCY, or its designated representative, may at any time, 'by written order, make changes withil'1 the general scope of this Agreement, in the definition of services to be performed, and the time and place of performance.thereof. If any such change causes an Increase or decrease in the cost of or the time required for the performance of any part of the work under this Agreement, whether changed or not changed by any such order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Any claim by the Pro Forma Contract 4-4 .-.---, _ __, __4_·_H_..~.__ -, --......-----..-.-. . -..---------- _._"-~-- --~- CONTRACTOR for adjustment under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification of change. However, if the AGENCY, or its designated representative decides that the facts justify such action, the AGENCY, or its designated representative may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the CONTRACTOR's claim for adjustment, the AGENCY, or its designated representative shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute conceming a question of fact within the meaning of the Clause of this Agreement entitled "Disputes". However, nothing in this clause shall excuse the CONTRACTOR from proceeding with the Agreement as changed. Additions/deletions of routes, as well as modifications including changes in route mileage or timetables, shall not be considered as "changes"for the purposes of this Article. Additions/deletions of routes, modifications to route mileage or timetables, and compensation relating thereto, are governed solely by Article III . of this Agreement. B. Disputes Except as otherwise provided in this Agreement, any dispute conceming a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the AGENCY, or its designated representative, which shall fumish the decision to CONTRACTOR in writing. The decision of the AGENCY, or its designated representative shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. CONTRACTOR shall proceed diligently with the performance of the Agreement pending the AGENCY, or its designated representative's decision. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph 1 above. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or board on a question of law. C. Termination for Convenience of the AGENCY 1. The performance of work under this Agreement may be terminated by the AGENCY in accordance with this clause in whole, or from time to time, In part, with 30 days written notice, whenever the AGENCY shall determine that such termination is in the best interest of the AGENCY. Any such termination shall be effected by delivery to the CONTRACTOR of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the dàte upon which such termination becomes effective. 2. After receipt of a Notice of Termination, and except as otherwise directed by the AGENCY, the CONTRACTOR shall: Pro Forma Contract 4-5 a. Stop work under the Agreement on the date and to the extent specified in the Notice of Termination. b. Place no further orders or subcontracts for materials, services or facilities except as may be necessarý for completion of such portion of the work under the Agreement as is not terminated. c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination. d. Assign to the AGENCY all of the rights, title, and interests of the CONTRACTOR under the orders and subcontracts so terminated, in which case the AGENCY shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. f. Complete performance of such part of the work as shall not have been terminated by the Notice of Tèrmination. g. Take such action as may be necessary, or as the AGENCY may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the CONTRACTOR and in which the AGENCY has, or may acquire, interest 3. After receipt of a Notice of Termination, the CONTRACTOR shall submit to the AGENCY a verified termination claim. Such claim shall be submitted promptly but in no event later than 90 days from the effective date of termination, unless one or more extensions in writing are granted by the AGENCY upon request of the CONTRACTOR made in writing within such 90-day period or authorized extension thereof. 4. The CONTRACTOR and the AGENCY may agree upon the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Agreement price as reduced by the amount of payments otherwise made and further reduced by the Agreement price of work not terminated. In no event shall the AGENCY be liable for any loss of profits on the portion of the Agreement so terminated. The Agreement shall be amended accordingly, and the CONTRACTOR shall be paid the agreed amount. D. Default and Excess Re-Procurement Liabilitv The AGENCY may, by written notice of default to CONTRACTOR, terminate this Agreement in whole or in part should CONTRACTOR fail to make satisfactory progress, fail to deliver within time specified herein or fail to deliver in strict conformance to specifications and requirements set forth herein. In the event of Pro Forma Contract 4-6 -....-.----- - -----.---.- ----~- such termination, the AGENCY reserves the right to purchase or obtain the items . supplied and/or services elsewhere, and the defaulting CONTRACTOR shall be liable for the difference between the prices set forth in this Agreement and the actual cost thereof to the AGENCY. The prevailing market price shall be considered the fair repurchase price. " ,If, after notice of termination of the Agreement under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under this clause, the rights and obligations of the parties shall, if the Agreement contains a clause providing for termination for convenience of the AGENCY, be the same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of the AGENCY provided in this article shall not be exclusive ànd are in addition to any other rights and remedies provided by law or this Agreement. The AGENCY may terminate this Agreement if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR or if , CONTRACTOR makes an assignment for the benefit of creditors. If the CONTRACTOR must pay the AGENCY under this clause, the AGENCY may utilize payments due CONTRACTOR in order to obtain payment due the AGENCY. E. Riqht to ACQuire Equipment and Services Nothing in this Agreement shall prohibit the AGENCY from acquiring the same type or equivalent equipment and/or services from other sources when deemed by the AGENCY to be in its best interest. . F. Goveminq Law This Agreement shall be construed and interpreted according to the laws of the State of California. G. CONTRACTOR Assiqnments and Subcontractinq Neither this Agreement, nor any interest herein, nor hereunder may be assigned by CONTRACTOR either voluntarily or by operation of law, nor may all or substantially all of this Agreement be subcontracted by CONTRACTOR without the prior written consent of the AGENCY. No consent shall be deemed to relieve CONTRACTOR of its obligations to comply fully with the requirements hereof. H. Audit and Inspection of Records 'The AGENCY shall have the audit and inspection rights described in this section. Cost and/or pricing data - If the CONTRACTOR submitted cost or pricing data in connection with the pricing of this Agreement or any change or modifications thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial Pro Forma Contract 4-7 corrected, the AGENCY shall have the right to: a. require the CONTRACTOR to immediately take all necessary actions to ensure future performance of the services in conformity with the requirements of the Agreement, and b. reduce the Agreement price to reflect the reduced value of the services performed. In the event the CONTRACTOR fails to perform the services promptly or take necessary actions to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, the AGENCY shall have the right to either: (1) by the Agreement or otherwise have the services perfonned in conformity with the Agreement specifications and charge to the CONTRACTOR any cost occasioned to the AGENCY that is directly related to the performance of such services, or (2) terminate the Agreement for default as provided in the "Termination" clause. J. Federal. State. and Local Laws CONTRACTOR warrants that in the performance of this Agreement it shall . comply with all lawful federal, state, and loçal orders, rules, regulations, and/or requirements such as the Americans with Disabilities Act, the Califomia Department of Motor Vehicles Pull-Notice System for drivers, and any other matter that impacts safety, eligibility for funding, risk exposure, or other relevant area of endeavor. K. Data Reported CONTRACTOR agrees that all data, including, but not limited to, reports and information, required to be fumished by this Agreement together with any other information furnished orally shall be free from proprietary restrictions except as elsewhere authorized in this Agreement. CONTRACTOR further agrees that all such data is owned by the AGENCY and that CONTRACTOR shall have no interest or claim thereto. The CONTRACTOR further agrees to participate as requested by the AGENCY in research and/or evaluative stùdies designed to show the effectiveness of services provided under this Agreement. l. Eaual Opportunity and Affinnative Action In connection with the carrying out of this Agreement, CONTRACTOR and AGENCY shall not discriminate against any employee or applicant for employment because of race, creed, color, gender, marital status, medical condition, disability, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR shall comply with all AGENCY requirements for affirmative action programs for vendors. Pro Forma Contract 4-8 .-..-..,-.---,------- -----" .~---_. quantities to the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the AGENCY or its agent shall have the right to examine all books, records, documents and other data of the CONTRACTOR related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. CONTRACTOR shall maintain such books, records, data, and documents by generally accepted accounting principles as required by the uniform system of accounts and records adopted by the State Controller pursuant to Section 99243 of the Public Utilities Code and as required by the Transportation Planning Agencies. . Availability - The materials described above shall be made available at the . Maxwell Maintenance Facility (MMF), at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by (a) and (b) below: a. If this Agreement is completely or partially·terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. b. Records which relate to appeals under the "Disputes' clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement; shall be made available until such appeals, litigation, or claims have been disposed of, or three (3) years after Agreement completion, whichever.is longer. The CONTRACTOR shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the General Manager under the AGENCY's prime Agreement. I. Inspection of Service All performance (which includes services, materials, supplies, and equipment fumished or utilized in the performance under this Agreement, and wo~manship in the performance of services) shall be subject to inspection and test by the AGENCY at all times during the term of the Agreement. The CONTRACTOR shall provide adequate cooperation to any inspector assigned by the AGENCY to permit the Inspector(s) to determine the CONTRACTOR's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the AGENCY shall be made in such a manner as not to unduly interfere with CONTRACTOR performance. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, the AGENCY shall have the right to require the CONTRACTOR to perform the services in conformity with said specifications and requirements at no increase in the total Agreement amount. When the services to be performed are of such a nature that the difference cannot be Pro Forma Contract 4-9 M. Non-Discrimination on the Basis of Disability CONTRACTOR shall comply with all federal, state and county regulations implementing Section 504 of the Rehabilitation Act of 1973, 29 USC 706 as promulgated by the Department of Justice in Title 28, Code of Federal Regulations, Part 41 and tile Americans With Disabilities Act of 1990. The Metropolitan Transit Development Board (MTDB) will provide, outside the scope of this agreement, the required ADA complementary paratransit service. N. Special Fundino Consideration This Agreement will be financed with funds available to the AGENCY under Article 4.0 of the California Transportation Development Act (TDA), other regional funding, and fare revenues. This Agreement is contingent upon the receipt of these funds by the AGENCY. In the event that funding from these sources is eliminated or decreased, the AGENCY reserves the right to terminate this Agreement or modify it accordingly. The CONTRACTOR hereby expressly waives any and all claims against the County of San Diego, MTDB, and the cities of National City, and Chula Vista for damages arising from the termination, suspension or reduction of the funds provided under which this Agreement is made. O. Conflict of Interest The CONTRACTOR covenants that it presently has no interest, including but not limited to other projects or independent contracts, and shall not acquire any such interest, direct or indirect, W/1ich would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by it under this Agreement. P. Conduct of Contractor The CONTRACTOR agrees to inform the AGENCY of all the CONTRACTOR's interests, If any, which are or which the CONTRACTOR believes to be incompatible with any interests of the AGENCY. The CONTRACTOR shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing work under this Agreement. The CONTRACTOR shall not use for personal gain or make other improper use of privileged information that is acquired in connection with his employment. in this connection, the term 'privileged information" inCludes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated materials requirements or pricing actions; and, knowledge of selections of contractors or subcontractors in advance of official announcement. Pro Forma Contract 4-10 _._,,~._._-,-~_.~._._--- -...-.....-.-...-.-.--- The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or entertainment directly or indirectly to AGENCY employees. Q. Non-Discrimination in Service Delivery CONTRACTOR shall ensure that services are provided to the public without regard to race, color, religion, ancestry, gender, marital status, age, national origin, ethnic group identification, medical condition, or disability. R. Druq and Alcohol Free Workplace CONTRACTOR shall meet all requirements set forth by the Federal govemment's Omnibus Transportation Employee Act of 1991. in regards to controlled substance and alcohol use and testing. . As a material condition of this Agreement, the CONTRACTOR agrees that the CONTRACTOR and CONTRACTOR employees, while performing service for the AGENCY, on AGENCY property, or using AGENCY vehicles and/or equipment a. Shall not be in any way impaired because of being under the influence of alcohol or drug. b. Shall not possess an open container of alcohol or consume alcohol or possess or ingest an illegal drug. , c. Shall not sell, offer, provide, or transfer alcohol or drug to another person directly or indirectly. (This paragraph shall not apply to a CONTRACTOR or its employees who as part of the performance of normal job duties and responsibilities prescribes and/or administers medically prescribed drugs.) The CONTRACTOR shall inform all employees.that are performing services for the· AGENCY, or are on AGENCY property, or are using AGENCY vehicles and/or AGENCY equipment, of the AGENCY objective of a safe, healthful, and productive workplace, and the prohibition of drug and alcohol use or impairment . from ~ame while performing such service for the AGENCY. The AGENCY may terminate for Default or Breach of this Ag~eement and any other Agreement the CONTRACTOR has with the AGENCY, if the CONTRACTOR's employees are determined by the AGENCY, or its designated representative, not to be in compliance with the conditions listed herein. S. Subcontracts CONTRACTOR shall include the provisions of clauses H, I, J, K, L, M, N, 0, P. Q, and R of this Article II in every subcontract entered into by CONTRACTOR in furtherance of the performance of this Agreement. Pro Forma Contract 4-11 T. AGENCY Assianment of Aareement The AGENCY may, at any time during the term of this Agreement, reassign its responsibilities under this Agreement to another public agency. CONTRACTOR shall be notified of such reassignment with no less than ten working days written notice. Written notice shall indicate the effective date of reassignment. Upon reassignment, all references to "AGENCY" in this Agreement shall be understood to refer to the public agency identified in the written notica. All conditions, responsibilities, duties, and requirements of the Agreement, on the part of both AGENCY and CONTRACTOR, shall remain in full force and effect. III. PAYMENT A. Rate cer Revenue Service Mile For CONTRACTOR's full and complete performance under this Agreement, the AGENCY agrees to pay CONTRACTOR the rates per Revenue Service Mile indicated below: LOCAL Operating Cost per Agreement Year Revenue Service Mile Year #1 : 7/1/02 throUah 6/30/03 = $3.1518 Year #2: 7/1/03 throuah .6/30/04 = $3.2461 Year #3: 7/1/04 through 6/30/05 = $3.3432 Year #4: 7/1/05 through 6/30/06 = $3.4433 Year #5: 7/1/06 through 6/30/07 = $3.5464 B. Chanae in Estimated Miles At any time, the AGENCY may require CONTRACTOR to increase or decrease the revenue service miles provided. If the increase does not exceed fifty percent (50%), or if the decrease does not exceed twenty percent (20%) of the original total estimated revenue service miles, the revenue service mileage rate specified above shall remain in effect. If, because of: (a) the AGENCY's requirement to increase or decrease revenue service miles, (b) the AGENCY's requirement to change time tables, or (c) strike, civil disaster or public calamity, the individual or cumulative change in revenue mileage exceeds fifty percent (50%) of the original total estimated revenue service mileage., the AGENCY and CONTRACTOR shall negotiate a new revenue service mileage rate on this new revenue service mileage that exceeds 50 percent (50%) of the original total estimated revenue service mileage or to all remaining revenue service miles if such mileage is decreased by more than twenty percent (20%) from the original total estimated revenue service mileage. The AGENCY is estimating that the CONTRACTOR will operate 7,355,000 Pro Forma Contract 4-12 . ----,--- -.-.,- -..".--,-"..-......-.... -..-...-..- .-.-----.-.... ..--..-. scheduled vehicle revenue service miles during the base term of this Agreement. It must be noted that this mileage figure is only an estimate and that the actual number of revenue service miles operated may differ from this estimate. Estimated Scheduled Revenue Service Miles: 7/1/02-6/30/03 = 1,427,500 7/1/03-6/30/04 = 1,427,500 . 7/1/04-6/30/05 = 1,500,000 7/1/05-6/30/06 = 1,500,000 7/1/06-6/30/07 = 1,500,000 7,355,000 C. Rate per Revenue Hour for Additional Scheduled or Unscheduled Service CONTRACTOR will be paid for scheduled or unscheduled service requested specifically by AGENCY to maintain service reliability or respond to special, emergency, or unforeseen situations. CONTRACTOR will not be paid for additional scheduled or unscheduled service not specifically requested by AGENCY. AGENCY estimates, but makes no guarantee of 3,000 hours of additional scheduled or unscheduled service per year. CONTRACTOR shall be paid at the rates shown below per revenue hour of service specifically requested by AGENCY. Operating Cost per Agreement Year Revenue Hour Year #1: 7/1/02 through 6/30/03 = $19.10 Year #2: 7/1/03 through 6/30/04 ' - $19.67 Year #3: 7/1/04 through 6/30/05 - $20.26 Year #4: 7/1/05 through 6/30/06 - $20.86 Year #5: 7/1/06 through 6/30/07 - $21.48 D. Fuel Costs Fuel costs for all revenue vehicles used exclusively for the services in this Agreement shall be provided and paid for by the AGENCY. The AGENCY will pay the entire cost of fuel for these vehicles, including any fuel taxes, excluding any surcharges for wet-hose fueling. Under ordinary circumstances, all CNG and diesel vehicles must be fueled at the Maxwell Maintenance Facility (MMF) using the facility's CNG fuel dispensers and diesel fuel pumps. Under extraordinary circumstances (malfunction of facility fuel station, etc.), CONTRACTOR is responsible for fueling vehicles. Diesel may be purchased off- site as follows: off-site diesel fuel purchases shall be made from a maximum of two fueling locations, and the price must be competitive. Price paid by CONTRACTOR shall be considered competitive if the cost is no more than 5 percent higher (for the same fuel of the same grade) than the average lowest price charged by three fuel dealers within a ten-mile radius of the MMF (or as Pro Forma Contract 4-13 close as otherwise practicable). Such comparison shall be made by CONTRACTOR if requested by AGENCY. Under these same extraordinary circumstances, CONTRACTOR may fuel CNG- powered vehicles at alternative CNG fueling stations designated by AGENCY upon prior notification and approval of AGENCY. In such circumstance, AGENCY will reimburse CONTRACTOR as a pass-through expense with the monthly invoice. Vehicles shall be fueled with fuel allowed by vehicle manufacturers' specifications, unless otherwise specifically requested by AGENCY. Fuel must meet all State of California Air Resources Board regulations. CONTRACTOR shall submit to the AGENCY copies of the invoices and/or receipts necessary to establish the fuel cost paid by CONTRACTOR and the number of gallonsltherms used for each vehicle and in total within the performance of the contract with the monthly report. Invoices shall include, at a minimum, the vehicle number, date gallons/therms fueled, and price paid per gallonltherms. Fuel report shall be provided in Microsoft Excel formatted spreadsheet. I As a public agency, certain fuel taxes paid by CONTRACTOR (the direct fuel purchaser) may be reimbursable to AGENCY. CONTRACTOR shall be responsible, at its own cost, for the timely and accurate completion of all administrative tasks related to the reimbursement of fuel taxes to AGENCY by the appropriate local, state, and/or federal agencies. Any and all such taxes reimbursed by direct payment to CONTRACTOR shall be paid to AGENCY by deducting the amount from the ne1d monthly invoice. . AGENCY reserves the right to arrange for CONTRACTOR fuel purchases from another public transit operator or agency in the region in order to take advantage of competitive pricing. E. Fare Revenue Retained CONTRACTOR shall collect, count, and account for all fare revenues and media received during the provision of services included in this Agreement. Said fare revenues shall be deposited into the AGENCY's designated bank account. CONTRACTOR shall be responsible for all fares collected. Prior to the start of service under this Agreement, CONTRACTOR shall provide the AGENCY with a written description of CONTRACTOR's procedures regarding collection, counting, securement, and controlling of fare revenues. These procedures shall be subject to AGENCY approval. As a part of the fare revenue procedure, CONTRACTOR shall prepare a "Fare Revenue Report" on a weekly basis. A copy of this report will be delivered to the AGENCY prior to the Thursday of the following week. These reports shall indicate amount of fare revenue expected from passenger counts recorded by drivers on the "Daily Trip Record." The amount offare revenue shall be substantiated by actual cash count including a full reconciliation with registering fareboxes. All fareboxes used will be cash and coin registering fareboxes that do not have electronic probe capability. Pro Forma Contract 4-14 --_._----_._..._-_.__.--~--- CONTRACTOR shall empty all farebox vaults and count all farebox revenue daily seven days per week. The actual cash count, the estimated revenue based on driver passenger counts taken on farebox keypads or manual passenger counters, and farebox readings shall be reconciled on fare revenue report. The farebox and revenue control process shall include an exception process to identif)' daily any farebox that is not properly registering. Fareboxes that are not properly registering shall be repaired within 24 hours. Fare revenues reported by the CONTRACTOR shall be based on actual cash counts. When "estimated fares collected" vary from "actual fares counted" by more than one percent (1 percent). CONTRACTOR shall provide the AGENCY with written explanation of cause of the variance and indicate what corrective action will be taken. F. Other Pass-throuch Expenses Any necessary 'pass-through expenses will be evaluated by the AGENCY and considered on a case-by-case basis. These amounts, if approved in advance by the AGENCY, shall be billed as part of the normal monthly invoice. G. Additional Servicas During the term of the Agreement, the AGENCY may require CONTRACTOR to provide additional services directly related to the service described herein but outside nOni1al, routine operations shall be considered additional services. The AGENCY, or its designated representative shall àuthorize any additional services in advance of service delivery. Charges for additional services shall be mutually agreed to, after a determination of fair and reasonableness by the AGENCY, or its designated representative. H. Emercencv Work In the event of a local emergency and upon the request of the AGENCY, or its designated representative, CONTRACTOR shall make. transportation, communications, and other desired equipment available for emergency service to the degree possible. Emergency uses may consist of evacuation, transportation of injured, movement of people and food to emergency shelters, or transportation in emergency situations that may include failure of another transit operator to provide service. CONTRACTOR shall be paid the Rate Per Revenue Hour for additional or unscheduled service as quoted. Reimbursement for such emergency sE;¡rvices would be over and above the "Maximum Payable" of this Agreement and paid by monthly invoice. Pro Forma Contract 4-15 I. Start-up Costs and Bonus Upon commencement 9f service under this Agreement, CONTRACTOR shall .. submit an invoice and be paid for start-up costs and the initial performance surety costs. Payment of the performance surety shall be made at the beginning of each year of the contract and shall be made based on the actual invoice paid for such performance surety, not to exceed the maximum bid amount for the performance surety. The CONTRACTOR shall be eligible for two start-up bonuses. Criteria number one (1), related to hiring shall be paid in November 2002 (as part of the October 2002 invoice), while criteria number two (2), related to start-up service, shall be paid in August 2002 (as part of the July invoice). Criteria and bonus amounts are as follows: BONUS Eligibility Criteria Bonus Amount CONTRACTOR hires at least 95% of existing CVT Services drivers for service operated under this agreement 1 Qualifying drivers must be paid starting at their current or $30,000 hioher waoe and benefit level· and be retained through at least October 31, 2002. To earn Part 2 of the bonus, the following criteria must be 2 met for all of the first seven days of service under this Agreement. Bonus increment based on completing each task. A All pullouts on-time leaving yard $5,000 B Completed trips equal to or greater than 99.75% of $5!000 scheduled hips C On-time performance equal to or greater than 85% of $5,000 the AGENCY's sample of at least 150 time checks. D Drivers in the approved uniform while driving In service. $5,000 ··Current or higher wage and benefit level· refers to wage and benefit levels of driver employed by existing (pre-July 1, 2002) cvr contractor on June 30. 2002. J. Maximum Pavable . The amount of payment based on estimated revenue service mileage due CONTRACTOR is estimated to be $24.632,353 for the transit service provided during the period July 1, 2002 through June 30, 2007. The total cost of this Agreement including initial start-up bonus, start-up costs, cost based on revenue mileage and revenue hours, performance bonuses (if applicable), fuel adjustment cost, and carryover term (If applicable) shall not exceed $26,310,019 (see chart below). Pro Forma Contract 4-16 ~_.._--- ----------...--..... CVT FIXED-ROUTE BUS SERVICES CONTRACT PRICE LIST EXPENSE YEAR 1(a) TOTAL Initial Start-Up Bonus: 50,000 50,000 Performance Surety: 10,000 50,500 Start-Up Costs: 25,000. 25,000 ($25,000 Maximum) Per Revenue Mile Cost: 4,499,195 4,633,808 5,014,800 5,164,950 5,319,600 24,632,353 Per Revenue Hr. Cost: 57,300 59,010 60,780 62,580 64,440 304,110 (a) Performance Bonuses: 191,300 191,300 200,000 200,000 200,000 982,600 Other Pass-Through 50,000 51.500 53,045 54,636 56,275 265,456 Expenses (a): Total Costs: 4,882.795 4,945,618 5,338.625 5,492,166 5,650,815 26,310,019 (a) Estimate provided by AGENCY. K Claims for Pavment CONTRACTOR shall submit a Claim for payment to the AGENCY after the end of each month of the contract term. All payments made by the AGENCY to CONTRACTOR shall be made in arrears, after the service has been provided. No payment shall be made for revenue service miles or hours scheduled but not provided. Payment shall be made by the AGENCY no more than 30 (thirty) days from the AGENCY's receipt of invoice. If the AGENCY disputes any item on an invoice, the AGENCY may deduct that disputed item from payment, but shall not delay payment for undisputed portions. The amounts and reasons for such deductions shall be documented to CONTRACTOR within 15 working days after receipt of invoice. Payment shall be made by voucher or check payable to: , ATCNANCOM Attention Mr. BiII-McCloud 2015 Spring Road, Suite 750 Oak Brook, Illinois 60523 Pro Forma Contract 4-17 IV. AGENCY-/CONTRACTOR-FURNISHED EQUIPMENT/FACILlTIES A. In performance of services included in this Agreement, the AGENCY will fumish vehicles and equipment to CONTRACTOR as stipulated in Exhibit A and Attachments. Unless otherwise specifically stated in this Agreement, all repairs and maintenance to this equipment shall be the responsibility of CONTRACTOR throughout the duration of this Àgreement. CONTRACTOR agrees that this equipment will not be used for any purpose other than that required to operate, . maintain, repair, wash, license, fuel, or other activity associaJedwith this Agreement's operation unless otherwise specifically authorized by the AGENCY. CONTRACTOR shall not use AGENCY-owned equipment for the purpose of transporting drivers to or from relief-on-route points unless previously approved by AGENCY. B. AGENCY owns and hereby grants CONTACTOR to operate and maintain certain real property and improvements located at 1800 Maxwèll Road, Chula Vista, California, 91911 and related facilities beginning July 1, 2002 (hereinafter referred to as "licensed facilities"). The licensed facilities shall be utilized by CONTRACTOR as required to perform this Agreement. (See Exhibit A and related Attachment 7 regarding terms and conditions for the improvements and use of the facility, which hereby are incorporated into this Agreement.) V. DISENTANGLEMENT A Disentanqlement Process The Disentanglement process (Disentanglement) shall begin on any of the following dates: · The date any Termination Notice is delivered by AGENCY pursuant to Article II.,C. Termination for Convenience of the AGENCY; · the date the AGENCY notifies CONTRACTOR that no funds or insufficient funds have been appropriated pursuant to Article II.,N. Special Funding Considerations; · the date designated by the AGENCY (not earlier than ninety (90) days prior to the end of the base term); · the extended term that the AGENCY has not elected to extend pursuant to Article IX.,B. Carryover Term. CONTRACTOR and the AGENCY shall mutually agree upon the nature and extent of CONTRACTOR's disentanglement obligations and for the transfer of Services in process. CONTRACTOR's obligation under this agreement to provide all services necessary for Disentanglement shall not be lessened in any respect by this provision. CONTRACTOR shall be required to perform its Disentanglement obligations within a reasonable time as determined by AGENCY, if AGENCY terminates the base term pursuant to Article II.,C. or N. Pro Forma Contract 4-18 .~.- -- --_.._._--~--_._...~~-_._._.._._._- B. General ObliQations Upon disentanglement, CONTRACTOR shall cooperate with the AGENCY and any new service provider and otherwise promptly take all steps required to assist the AGENCY in effecting a complete transition of services. Cooperation efforts include, but are not limited to, the prompt and orderly concl.usion of all work, as the AGENCY may direct, including completion or partial completion of projects, documentation of work in process, asset transfers and other measures as agency may deem appropriate. All services related to Disentanglement shall be deemed a part of the base term. CONTRACTOR's obligation to provide services shall not cease until this Disentanglement is satisfactory to the AGENCY. Specific Obliqations inDetail The Disentanglement Process shall include the performance of th~ following specific obligations: Full Cooperation añd Information - Cooperation shall include the provision (both before and after the cessation of CONTRACTOR's providing all or any part of the Services under this Agreement) by CONTRACTOR to the AGENCY of full, complete, detailed, and sufficient information (including all information then being utilized by CONTRACTOR) to enable the AGENCY's personnel (or that of third parties) to fully assume and continue without interruption the provision of the Services. No Interruption or Adverse Impact - CONTRACTOR shall cooperate with the AGENCY and all of the AGENCY's other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of 'Services, no adverse impact on the provision of Services or the AGENCY's activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties. Deliverv of Documentation - CONTRACTOR shall deliver to the AGENCY or its designee, at the AGENCY's request, all documentation and data related to the provision of services of this Agreement to the AGENCY. Hirinq of Emplovees - CONTRACTOR, and if applicable subcontractors, shall cooperate with and assist the AGENCY or it's designee in offering employment, at the sole discretion of the AGENCY, to any or all CONTRACTOR employees (and to any or all employees of CONTRACTOR's subcontractors) that are substantially involved in the provision of services whether such offers are made at the time of, after, or in anticipation of expiration or termination of the Agreement. C. Preparation for Disentanqlement Maintenance of Assets - CONTRACTOR shall maintain AGENCY-owned equipment, and other assets utilized in providing services to the AGENCY, in good condition and in such locations and configurations as to be readily Pro Forma Contract 4-19 .. identifiable and transferable back to the AGENCY or its designees in accordance with the provisions of this Agreement. VI. PERFORMANCE SURETY A:performance surety is required during the period of this Agreement. Before the Agreement between the CONTRACTOR and the AGENCY shall.be valid or binding against the AGENCY, the CONTRACTOR shall enter into a joint and several Bond with the AGENCY for the use of said AGENCY, which bond shall be signed by the CONTRACTOR in two or more good and sufficient sureties, or with a surety company as surety, and shall be In the amount of five hundred thousand dollars ($500,000) in which said bond shall at all times be kept in full force and effect. An irrevocable letter of credit from a bank in the required amount is also acceptable. Fifty thousand dollars ($50,000) of the bond (or irrevocable letter of credit) shall be continued for six months beyond the end of this Agreement to ensure CONTRACTOR.'S obligations with respect to disentanglement are met. Said Bond shall be in a form acceþtable to AGENCY attorney and from an A5 rated company at a minimum. The condition of the Bond or irrevocable letter of credit shall be that the CONTRACTOR shall fully and faithfully perform all conditions of the Agreement and these specifications. If it is determined by the AGENCY that the CONTRACTOR has substantially failed to truly keep and perform the covenants, conditions and agreements this Agreement, and any amendments thereto made as herein provided, then the AGENCY may require the surety to perform. The AGENCY shall notify the Surety and give the Surety a reasonable opportunity to perform. If the Surety fails to perform, the AGENCY shall perform and assess the Surety on its Bond for the cost of such performance. Cost of such performance Includes the costs of all labor and equipment reasonably necessary to perform the work in CONTRACTOR's absence. The performance bond or irrevocable letter of Credit shall take effect July 1, 2002, and remain in full force and effect throughout the duration of this Agreement. The performance bond or irrevocable letter of credit submitted at the beginning of this Agreement shall cover a term of no less than one year: CONTRACTOR must renew bond or irrevocable letter of credit throughout . the term of this Agreement. Any bond or irrevocabl~ letter of credit that expires within the period of this Agreement shall be renewed within 14 days prior to its expiration. If a new or renewed bond or irrevocable letter of credit is not received by AGENCY within 14 days of the expiration date of the bond or irrevocable letter of credit being used to satisfy the requirements of this . section, AGENCY shall assess liquidated damages against CONTRACTOR in the amount of $100 per day until received by AGENCY. Failure to have bond or Irrevocable letter of credit kept in full force and effect shall be cause for termination of this Agreement. AGENCY shall reimburse CONTRACTOR for the actual yearly cost ofthe performance bond or irrevocable letter of credit. AGENCY shall have the right to reduce the amount of the required bond, or waive the requirement for a bond, at its sole discretion. Pro Forma Contract 4-20 . ..^..."...~..._...".____ _ _ _ __..____..M.___._.____ _. VII. LIQUIDATED DAMAGES From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY. Therefore, both parties agree that the CONTRACTOR's liability should be limited to, and fixed at, the sums stated in the charts included in Exhibit A ("Scope of WoM), Articles 13 and 14, as liquidated damages and not as penalty. These liquidated damages may be deducted automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its designated representative, is final with respect to any assessment of liquidated damages. The AGENCY, or designated representative may rely on information supplied by CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment· of liquidated damages. .In addition to the specific items and estimated sums of actual damages presented in Exhibit A as liquidated damages, AGENCY may, at its discretion, assess the actual damage caused by the breach as its remedy, and obtain this remedy through set-off against CONTRACTOR or any other appropriate procedure. Failure of AGENCY to assert any right which it has under this agreement, or. to assess any liquidated damage as provided herein, shall not act as a waiver to AGENCY's right to enforce the provisions of this agreement, or assess liquidated damages in the future, except as specified herein. The assessment of liquidated damages and/or deductions as provided under this agreement· shall in no way relieve the CONTRACTOR of its obligation to provide sufficient se:rvice, vehicles, or drivers, or to meet any of the terms of this agreement VIII. INDEMNITY Except as may be provided otherwise in the Agreement, CONTRACTOR shall indemnify, defend and hold harmless "the AGENCY (City of Chula Vista), the Metropolitan Transit Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego Trolley, Inc. (SDTI), San Diego and Arizoria Eastern (SD&AE) Railway, San Diego and Imperial Valley (SO&IV) Railroad, the County of San Diego (County), and National City" their officers, agents and employees from any and all claims, demands, loss, litigation, or liability of any kinds or nature whether real or alleged which the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, County, and National City, their officers, agents, and employees may sustain or inèur, or which may be imposed upon them, or any of them, for any acts or omissions by CONTRACTOR, its officers, agents, or employees arising out of or in any way connected with the performance of work under this Agreement. CONTRACTOR shaU have no obligation to defend or indemnify the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, County, and . National City for such injury or harm that may be caused solely or exclusively by fault, negligence, or willful misconduct of the City of Chula Vista, MTDB, SDTC, SOT!, SD&AE, SD&IV, County, and National City, or their agents or employees. Pro Forma Contract 4-21 IX. INDEMNIFICATION FOR ENVIRONMENTAL AGENCY shall provide an underground diesel fuel tank and dispensing system and a waste oil storage tank at the Maxwell Maintenance Facility (MMF). In the event that the tanks or systems fail because of a defect or problem caused from the manufacture or installation of the tanks, AGENCY or the manufacturer will be responsible for repairs and replacement to the system. AGENCY will be responsible for the daily operation, monitoring, and maintenance of the diesel fuel tank and system. AGENCY shall maintain the diesel fuel tank and system in a safe condition at all times and make routine repairs at AGENCY'S sole cost and expense. CONTRACTOR will be responsible for the daily operation, monitoring, cleaning out, and maintenance of the waste oil tank and system. CONTRACTOR shall maintain the waste oil tank and system in a safe condition at all times and make routine repairs at CONTRACTOR's sole cost and expense. In addition to the material stored in the waste oil and diesel fuel tanks, it is agreed that, from time to time, CONTRACTOR may bring materials on the premises to conduct bus maintenance operations. If for any reason any of this other material escapes the tanks, system, or other storage devices or contaIners, CONTRACTOR shall notify AGENCY and any other appropriate authority immediately. CONTRACTOR will be responsible for all liability and will indemnify, defend, and hold AGENCY . hannless for all claims, loss, damage, charges, or expenses, including all fines and penalties, arising out of any actual or threatened environmental impainnent arising out of the use of the facility by CONTRACTOR, unless the liability is found to have resulted fonn the sole and exclusive negligence of AGENCY or shall have arisen by reason of a defect in the tanks/system. CONTRACTOR shall not be liable for any liabilities, penalties, claims, judgements, costs, or expenses that may be asserted against CONTRACTOR in connection with or arising out of any condition existing on or prior to the date of CONTRACTOR's possession of the project, and AGENCY shall hold CONTRACTOR hannless therefrom. X. INSURANCE Without limiting CONTRACTOR's indemnification obligations to AGENCY, CONTRACTOR shall provide and maintain, during the duration of this Agreement and for such other period as may be required herein, at its sole expense, insurance in the amounts and fonn described below. A. Reauired General Liabilitv Insurance Coveraae - CONTRACTOR shall procure either Comprehensive General Liability Insurance or Commercial General Liability Insurance in the amounts and fonn set forth beloW: Comorehensive General Liabilitv Insurance - A policy of Comprehensive General . Liability Insurance with a combined single limit (CSL) per occurrence of not less than fifteen million dollars ($15,000,000) per occurrence; Reauired General Liabilitv Policv Coveraae- MY general liability policy provided by CONTRACTOR hereunder shall include the following coverage: Pro Fonna Contract 4-22 +.+"..- -- --- .- a. Premises and Operations b. Products/Completed Operations c. Contractual Liability expressly including liability assumed under the Agreement " d. Personal Injury Liability e. Independent contractors Liability f. Severability of Interest clause providing that the coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds. OR Commercial General"Liabilitv Insurance - A policy of Commercial General Liability Insurance which provides limits of not less than: g. Per Occurrence: $15,000,000 h. General Aggregate: $15,000,000 i. Products/Completed Operations: $15,000,000 j. Personal & Advertising Injury limit: $15,000,000 For either type of insurance, deductibles shall be declared to and approved by the AGENCY's Risk Manager. All general liability insurance requested hereunder must be based upon "occurrence" policy and any "claims made" covel<lge is not acceptable. Additional Insured Endorsement - Any general liability policy provided by CONTRACTOR hereunder shall contain an endorsement which applies its coverage to the AGENCY, the members of the Board of the AGENCY and the officers, agents, employees and volunteers of the AGENCY, individually and collectively, as additional insureds. Primary Insurance Endorsement - The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the AGENCY, the members of the Board of the AGENCY, or its officers, agents, employees and volunteers, or any AGENCY self-funded program, shall be excess only and not contributing with such coverage. Form of General Liabilitv Insurance Policies - All general liability policies shall be written to apply to all bodily injury, including death and personal injury, and shall also apply to property damage and other covered loss, however occasioned, occurring during the policy term, and shall specifically insùre the performance by CONTRACTOR of that part of the indemnity agreement contained in the Agreement relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of Pro Forma Contract 4-23 50 percent of any such aggregate limit must remain available at all times. If over 50 percent of any aggregate limit has been paid or reserved, AGENCY may require additional coverage to be purchased by CONTRACTOR to restore the required limits. CONTRACTOR may combine primary, umbrella and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement described above. CONTRACTOR shall carry such other insuran~e as may be required by law. B. Property Insurance - Property insurance on all equipment and other contents owned, leased, rented, or used by CONTRACTOR, other than the real property, and permanently-installed facility equipment owned by AGENCY, shall be required. Such insurance maintained by CONTRACTOR will provide "all risk" coverage, for either the replacement costs, or actual cash value, and will contain a waiver of subrogation in favor of The City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, the County of San Diego, and National City. C. Comprehensive Automobile Liabilitv Insurance - CONTRACTOR shall procure Comprehensive Automobile Liability Insurance written for bodily injury, including death, and property damage, however occasioned, occurring during the policy term, in the amount of not less than fifteen million dollars ($15,000,000), combined single limit per occurrence, applicable to all owned, non-owned and hired vehicles. D. Automobile Physical Damaae - CONTRACTOR is responsible for physical damage 1055 to vehicles. Such coverage shall include coverage for 1055 resul~ng from Collision, Specified Perils including fire, lightning, explosion, theft, vandalism and mischief and 1055 resulting from maintenance and repair of vehicles. Any losses shall be adjusted on an Actual Cash Value basis. The City of Chula Vista will be named as Loss Payable. E. Statutorv Workers' Compensation and Emplover's Liabilitv Insurance - CONTRACTOR shall maintain a policy of California Workers' Compensation coverage in the statutory amount and Employer's Liability coverage for no less than one million'dollars ($1,000,000) per occurrence for all employees of CONTRACTOR engaged in services or operations under the Agreement. Coverage shall include a waiver of subrogation in favor of AGENCY, a copy of which shall be provided to the AGENCY. F. Subcontractors' Insurance - CONTRACTOR shall make certain that any and all Subcontractors hired by CONTRACTOR are insured in accordance with this Agreement. If any Subcontractor's coverage does not comply with the foregoing provisions, CONTRACTOR shall indemnify and hold AGENCY harmless of and from any damage, 1055, cost or expense, including attorneys' fees, incurred by . . AGENCY as a result thereof. G. General Provisions Additional Insureds - Any and all insurance policies of CONTRACTOR (including, but not limited to, Comprehensive General Liability Insurance and/or Commercial General Liability Insurance, Workers' Compensation and Employer's Liability Pro Forma Contract 4-24 _ _ _ _ _ _ _______._.___.._______..n_~____n _____ Insurance, Automobile Liability and Physical Damage Insurance, and Subcontractors' Insurance) and their documents, endorsements, attachments, addenda, and renewals shall name the City of Chula Vista, Metropolitan Transit Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego Trolley, Inc. (SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San Diego and Imperial Valley (SD&IV) Railroad, the County of San Diego, and National City, and their directors, officers, agents, and employees as additional insureds. Evidence of Insurance - CONTRACTOR shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Agreement, deliver to AGENCY certificates of insurance evidencing the same, together with appropriate separate endorsements, evidencing that CONTRACTOR has obtained such coverage for the period of the Agreement. CONTRACTOR shall deliver certified copies of the actual insurance policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to AGENCYwithin ten (10) days prior to the expiration of the term of any policy required herein. CONTRACTOR shall permit AGENCY at all reasonable times to inspect any policies of insurance of CONTRACTOR which CONTRACTOR has not delivered to AGENCY. Failure to Obtain or Maintain Insurance: AGENCY's Remedies _ CONTRACTOR's failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of the Agreement, and AGENCY may, at its option, terminate the Agreement for any such default by CONTRACTOR. No Limitation of Obliqations - The foregoing requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by the AGENCY or its insurance CONTRACTOR(s), are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the CONTRACTOR pursuant to the Agreement, including, but not limited to, the provisions conceming indemnification. Notice of Cancellation or Chanqe of Coveraqe - All certificetes of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give AGENCY thirty (30) days' written notice, at the address shown in the section of the Agreement entitled "Notices," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. PrimalY Insuranèe - CONTRACTOR agrees that all general liability coverages required under this section are PRIMARY insurance and that any insurance of the City of Chula Vista, MTDB, SDTI, SD&AE, SD&IV, SDTC, County of San Diego, and National City shall be excess and noncontributory. Qualifvinq Insurers - All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's Pro Forma Contract 4-25 alphabetic and financial size category rating of not less than A-, VII according to . the current Best's Key Rating Guide, or a company of equal financial stability that is approved in writing by AGENCY's Risk Manager. Review of Coveraqe - AGENCY shall retain the right at any time to review the coverage, form and amount of insur~nce required herein and may require CONTRACTOR to obtain insurance -reasonably sufficient in coverage, form and ì amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. Self-Insurance - CONTRACTOR may, with the prior written consent of AGENCY's Risk Manager, fulfill some or all or the insurance requirements contained in the Agreement under a plan of self-insurance. CONTRACTOR shall only be permitted to utilize such self-insurance, however, if, in the opinion of AGENCY's Risk Manager, CONTRACTOR's (a) net worth, and (b) reserves for payment of claims of liability against CONTRACTOR, are sufficient to adequately compensate for the lack of other insurance coverage required by the Agreement CONTRACTOR's utilization of self-insurance shall not in any way limit liabilities assumed by CONTRACTOR under the Agreement. Waiver of Subroqation - CONTRACTOR and AGENCY release each other, and their respective authorized representatives, from any insurance carried by AGENCY or CONTRACTOR other than any self-insurance, covers any such claim or damage.' Included in any policy or policies of Insurance provided by CONTRACTOR hereunder shall be a standard waiver of rights of subrogation against AGENCY by the insurance company issuing said policy or policies. Term of Insurance Coveraqe - AU CONTRACTOR insurance policies shall take effect upon occupancy of any facility, or portion thereof, used in the performance of this Agreement, including, but not limited to, property at 1800 Maxwell Drive, Chula Vista, CA 91911. This shall include any time period in which CONTRACTOR employees, subcontractors, or are being trained or used for implementation or disentanglement, whether or not this period is included in the base term ofthis Agreement All insurance coverages shall become effective and in full force no later than April 1,2002, or whenever AGENCY-owned vehicles are operated by CONTRACTOR in the performance of this Agreement, whichever is sooner. ,All coverages required shall remain in full force and effect through the entire term of this Agreement. XI. TERMS OF AGREEMENT A. Base Term This Agreement shall become effective upon execution, and CONTRACTOR shall provide scheduled services during the period of July 1, 2002, through June 30, 2007. This Agreement shall continue in full force and effect until June 30, 2007, unless terminated earlier as herein provided. Pro Forma Contract 4-26 _4_____ --- ,,- --_._._-~----,. ____ __~._ .__._. . .._.___~._~__'_M..____,___·____ B. Carryover Term In consideration of the herein Agreement, CONTRACTOR grants to the AGENCY the below carryover options, exercisable in writing solely by the AGENCY's representative, the AGENCY, or its designated representative. The AGENCY shall have the option to extend the service provided by CONTRACTOR under this Agreement for up to six consecutive one-month periods after the base term. If the AGENCY desires to exercise any of these carry-over months, the AGENCY shall notify CONTRACTOR of its intent at least 30 calendar days before the carry-over month is to begin. Compensation related to such carryover period(s) shall be the same compensation as for the most recent rate prior to the carryover period. XII. REPRESENTATIVES OF AGENCY AND CONTRACTOR A. The AGENCY Transit Coordinator or his designated representative shall represent AGENCY in all matters pertaining to this Agreement and shall administer this Agreement on behalf of AGENCY. The AGENCY Transit Coordinator or his designated representative shall be the technical representative for this agreement. B. CONTRACTOR's Responsible Management Individual shall represent CONTRACTOR in all matters pertaining to this Agreement on behalf of CONTRACTOR. CONTRACTOR's On-Site (Project) Manager shall be the technical representative for this agreement. XIII. NOTICE OF LABOR DISPUTE AND LABOR RELATIONS CONTRACTOR shall have exclusive responsibility for conducting its labor relations InCluding negotiating its labor contracts and for establishing compensation and working conditions of its employees. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute prevents or threatens to prevent performance under this Agreement, CONTRACTOR shall immediately notify the AGENCY in writing and submit all relevant information to the AGENCY. CONTRACTOR shall also notify the AGENCY of grievances and/or discrimination complaints. AGENCY shall not have responsibility or liability for labor disputes between CONTRACTOR and its employees. AGENCY shall require CONTRACTOR to set driver wage levels and minimum benefits (in dollar amounts) in accordance with MTDB Policy No. 32 (Section 30.10) and an adopted minimum wage and benefit schedule in Exhibit A (Scope of Work). XIV. INTERRUPTION OF SERVICE AND PERFORMANCE The parties to this Agreement shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining or performing the service by act of fire, fiood, act of God, fuel unavailability, strike, loss or shortage of transportation facilities (excluding breakdowns); commandeering of material products, plants, or facilities by the government; when Pro Forma Contract 4-27 satisfactory evidence thereof is presented to the other party and provided further that such nonperformance is not due to the default or negligence of the party non performing. In the event that portions of all of the bus service required under this Agreement can not be operated by CONTRACTOR for any reason, the AGENCY, at the sole discretion of the Transit Coordinator or appropriate designated representative, may make an arrangement with other transit operators for the provision of all or part of the transit service the AGENCY deems necessary. ';0/. INDEPENDENT CONTRACTOR CONTRACTOR's relationship to the AGENCY in the performance of this Agreement is that of an independent contractor. The personnel performing services under this Agreement shall at all times be under CONTRACTOR's exclusive direction and control and shall be employees of CONTRACTOR and not employees of the AGENCY. CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. CONTRACTOR shall insert the substance of this entire clause in any subcontract hereunder as to which a labor dispute may delay the Agreement. However, any subcontractor need give notice and information only to its next higher-tier subcontractor. CONTRACTOR shall supply the AGENCY with one copy of all existing relevant labor contracts. ';0/1. COMPLETE AGREEMENT This Agreement and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between the ¡\GENCY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect validity of other provisions. The AGENCY's failure to insist In anyone or more instances upon the performance of any term or terms of this Agreement shall not be .construed as a waiver or relinquishment of the AGENCY's right to such performance or to future performance of such a term or terms, and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes hereto shall not be binding upon the AGENCY except when specifically confirmed in writing by the representative of the AGENCY. The issuance of information, advice, approvals, or instructions by the AGENCY's technical personnel or other representatives shall be deemed expressions of personal opinions only, and shall not affect AGENCY's and CONTRACTOR's rights and obligations hereunder. ';0/11. SEVERABILITY Should any part of this Agreement be held to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall be considered as the whole Agreement and be binding on the contracting parties. Pro Forma Contract 4-28 _.-.--- -----.-.-- - --_.._-~.~.,-~--,_..._--~~--,." XVIII. PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: H. the provisions in Articles I through XVII of this Agreement; I. the exhibit, attachments, and enclosure( s) of this Agreement;' J. CONTRACTOR's technical proposal. XIV. NOTICE Any notice or notices required or permitted to be given pursuant may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth hereunder. AGENCY CONTRACTOR City Of Chula Vista - Chula Vista Transit ATCNANCOM Attn: Andres Trujillo, Transit Coordinator Attention Mr. Bill McCloud 1800 Maxwell Road 2015 Spring Road, Suite 750 Chula Vista, CA 91911 Oak Brook, Illinois 60523 Pro Forma Contract 4-29 \ SIGNATURE PAGE IN WITNESS WHEREOF, the City of Chula Vista and CONTRACTOR have executed this Agreement thereby indication that they have read and understood same, and indicate their full and complete consent to its terms: Dated: CITY OF CHULA VISTA By: ~lò12þt Shirley rton, Mayor Attest: ~ó .r=:::::;.t;"L ~ Susan Bigelow, City Clerk By: Dated: A TCN ANCOM .By:#fN~d Mr. Bill McCloud, Senior Vice President Dated: .3 /-1 /~ 1...-- , / CVT Pro Forma Contract 2-1 B_02.JCODLlNG.DOC Attachment: Exhibit A, Scope of Work Pro Forma Contract 4-30 -- ---- ---- ---"----.--. _._--~--~ ---~-- THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND W1LL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL "'-,~ (Ç~\'\:..1~ Ann Moore City Attorney Dated: '2:J - \ b - çJ~ First Amendment to Agreement Between City of Chula Vista and A TCN ANCOM, Inc. 4-31 ----...,--..---.-.--.....-. -.. . ---._---_._-~-~-~-- FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA HEINAFTER REFFERED TO AS "AGENCY" AND ATCNANCOM, INC. HEREIN AFTER REFERRED TO AS "CONTRACTOR" FOR CVT FIXED-ROUTE BUS SERVICES This agreement dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Pro Forma Contract, Paragraph 1, Page B-1 is between the AGENCY, whose business form and whose place of business is set forth on Pro Forma Contract, Section XIV, Page B-26, and the entity indicated on the attached Pro Forma Contract, Paragraph 1, Page B-1, as CONTRACTOR, whose business and whose place of business Is set forth on Pro Forma Contract, Section XIV, Page B-26, and is made with reference to the following facts: Recitals Whereas, the City desires to operate a fixed-route public transportation system to serve the City of Chuia Vista provided Transportation Development Act (TDA) Article 4.0 funds are available; and Whereas, City entered Into a five year agreement from July 1, 2002 through June 30, 2007 with A TCNancom, Inc. for the provision of Fixed Route Bus Service; and Whereas, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the parties do hereby mutually agree as follows: 1. Add Subsection "L" to Pro Forma Contract, Section III "PAYMENT" to read as follows: L. Ooerator/MechecaniclServicer Retention Incentive At the sole discretion of the AGENCY, AGENCY may, effective July 1, 2004, provide an Operator/Mechanic/Servicer Retention Incentive to be distributed by CONTRACTOR soiely to CVT Operators, Mechanics and Servicers who meet the following criteria per qualifying calendar month: Criteria Operators Mechanics/Servicers Full Active Duty (Passed Probation and not on Worker's X X Compensation or on Disability) * Work at least 168 hours paid time durinq the Qualifvinq Month X X No Miss-outs (Late/No Shows) X X No Preventable Accidents X X No Traffic Violations Issued bv Sworn Officer while on Dutv X X *Active per primary job description I 4-32 .-----..-..-.-- __.~.___.._____~~.~__u_._ On the fifth day of each month Contractor shall provide the AGENCY's representative, the City's Transit Coordinator, with a list of CVT operators, mechanics and servicers who have met the above criteria per the previous qualifying calendar month. CONTRACTOR employees are only eligible per qualifying calendar month as defined by the AGENCY's representative. Qualifying eligibility shall not be carried over to subsequent months. AGENCY may, in its discretion, provide the incentive funds to the CONTRACTOR to be distributed equally by the CONTRACTOR among all employees eligible to receive it, based on the above criteria. CONTRACTOR shall be responsible for the distribution and administration, at no cost to the AGENCY, of these funds as directed by the AGENCY's representative. AGENCY acknowledges that distribution to employees are subject to and will be reduced by withholding social security, federal and state income tax and other statutory requirements and applicable taxes. CONTRACTOR acknowledges and agrees that the AGENCY is under no financial obligation to deliver these funds and it forms no part of the CONTRACTOR's compensation for CVT services. This incentive is completely separate from any wage or benefit negotiated between CONTRACTOR, its employees and/or any bargaining unit. The AGENCY or its representative, the Transit Coordinator, retains the right to revise the qualifying criteria at any time and to have the final decision on any disagreement regarding the award of this bonus to Contractor's employees. 2. Add Subsection "M" to Pro Forma Contract, Section III "PAYMENT" to read as follows: No claim as a third party beneficiary under this Original Agreement and Amendments thereto by any person, entity, firm, or corporation shall be made or be valid against AGENCY or CONTRACTOR. 3. Except as expressly provided herein, all other provisions of the Original Agreement shall remain in full force and effect. 2 4-33 (NEXT PAGE IS SIGNATURE PAGE) 3 4-34 ,.~-_..._.~~ - .~-~--_._~_._---~--,------~~----- Signature Page To FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA HEINAFTER REFFERED TO AS "AGENCY" AND ATCNANCOM, INC.HEREIN AFTER REFERRED TO AS "CONTRACTOR" FOR CVT FIXED-ROUTE BUS SERVICES IN WITNESS WHEREOF, AGENCY and CONTRACTOR have executed this First Amendment to Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: CITY OF CHULA VISTA By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: ...-4 9-/(p- Vice President Dated: of Exhibit List to Agreement ( X ) Pro Forma Contract. 4 4-35 r I RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SANDAG TO CLAIM AND TRANSFER TO THE CITY OF CHULA VISTA $220,500 FROM THE CITY'S PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS AND APPROPRIATE THE FUNDS FOR AN OPERATOR/SERVICER/MECHANIC (OSM) RETENTION AND PERFORMANCE INCENTIVE WHEREAS, on July 24, 2001, Council approved the Second Amendment to the Agreement between the City of Chula Vista and San Diego Transit Corporation for fixed- route bus service; and WHEREAS, this amendment included an Operator Incentive Bonus clause; and WHEREAS, the incentive bonus consisted of a one-time annualized amount of $60,000, which was to be distributed a the discretion of the City to the transit contractor; and WHEREAS, in turn, the contractor would award the incentive to the Chula Vista Transit (CVT) operators who met qualifying criteria; and WHEREAS, City Transit staff, with cooperation from the San Diego Imperial Counties Labor Council, recommends reestablishing the operator incentive and to expand the incentive to include mechanics and servicers; and WHEREAS, as in the past, this incentive program will help maintain a qualified and stable work force by rewarding dedicated and responsible CVT employees; and WHEREAS, qualifYing criteria directly links incentive to OSM performance, hence increasing CVT system performance; and WHEREAS, staff recommends creating a three fiscal-year performance/incentive pool retroactive to July I, 2004, by using $220,500 of the City's Unallocated TDA funds that total $835,277; and WHEREAS, the incentive would be divided into a split between operators/servicers (71) and mechanics (9); and WHEREAS, the annual incentive would then be divided into 12 equal parts and distributed monthly. J:lattameylresalfinancelCVT incentive far OSM 4-36 - --_._------_._-_._._.._._-~- -----. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize SANDAG to claim and transfer to the City $220,500 from the City's prior-year unallocated Transportation Development Act funds and appropriate the funds for an OSM Retention and Performance Incentive. Presented by Approved as to form by -"1\'(0\ c'"" \\ \'Í\, ct)'CI. ~ Dave Byers Ann Moore ' Director of Public Works Operations City Attorney . J:\attomey\reso\finance\CVT incentive for OSM 4-37 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND ATCNANCOM CORPORATION AND AUTHORIZING THE MAYOR TO EXECUTE THIS AMENDMENT WHEREAS, on July 24,2001, Council approved the Second Amendment to the Agreement between the City of Chula Vista and San Diego Transit Corporation for fixed- route bus service, which included an Operator Incentive Bonus clause; and WHEREAS, City Transit staff, with cooperation from the San Diego Imperial Counties Labor Council, recommends reestablishing the operator incentive and to expand the incentive to include mechanics and servicers; and WHEREAS, this incentive program will help maintain a qualified and stable work force by rewarding dedicated and responsible CVT employees; and WHEREAS, Transit staff recommends an amendment to the existing transit contract with A TCN ancom to administer the payout of the incentive; and WHEREAS, the incentive would be included as part of the monthly invoice; and WHEREAS, ATCNancom would be responsible for the distribution and payroll adjustments for all employees who earned the incentive; and WHEREAS, the City's Transit Coordinator is responsible for overseeing this incentive and retains the right to revise the qualifying criteria at any time and to have the final decision on any disagreement regarding the award of this incentive to Contractor's employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to Agreement between the City of Chula Vista and ATCNancom Corporation and authorizing the Mayor to execute said Amendment. Presented by Approved as to form by ~)\~\~\'\~.t\{\\\ Dave Byers Ann Moore ' Director of Public Works Operations City Attorney J:\attomey\reso\amendment\lst Amendment ATC-Vancorn Corp 4-38 "_"0 ...._ . __.~.._,._,..__~..___.__.._. .. m________,,_,"'_ COUNCIL AGENDA STATEMENT Item .s Meeting Date: 9/21/04 ITEM TITLE: Resolution 2004- Approving a budget transfer from the "Pavement Rehabilitation 01/02 (STL277)" project to the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-2l9)" project, accepting bids and awarding the contract. SUBMITTED BY: Director of General Services e REVIEWED BY: City Manager ¡;:J (4/5ths Vote: Yes-X..No~ On July 23, 2004, the Director of General Services received sealed bids for the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-2l9)" project. Approval of this resolution will award the contract to Jimenez Inc. dba MJC Construction. The work to be done includes the following: excavation and grading, removal and disposal of existing improvements, installation of asphalt concrete berm and asphalt concrete sidewalk, pavement overlay as needed, pavement striping and marking, traffic control, and protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. RECOMMENDATION: 1. That Council authorize the transfer of Gas Tax funds from the "Pavement Rehabilitation 01/02 (STL277)" project to the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-219)" Project. 2. That Council accept bids and award the contract for the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-2l9)" Project to Jimenez Inc. dba MJC Construction in the amount of$110,400. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City received a TDA grant in 1994 to construct the missing sidewalk improvements along Third Avenue, between Orange Avenue and Main Street. However, due to right-of-way acquisition necessary to construct the missing improvements, the project has been on hold since 1994. Right-of-way issues included building location conflicts associated with the construction of the sidewalk improvements at the ultimate location. The intent of delaying the project was to obtain the right-of-way necessary as development occurred on the properties affected. Due to right-of-way still being an issue, City staff has re-designed the project to minimize the impact of right-of-way acquisition by constructing temporary asphalt concrete sidewalk improvements along the west side of Third A venue, between Tremont Street and Zenith Street. As development of the properties along the project area occurs, the property owners shall be required to construct the sidewalk and street improvements at the ultimate location. Staff recommends the transfer of $115,591.00 funds from a completed capital improvement project "Pavement Rehabilitation 01/02 (STL277)" to the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-219)" Project to construct the temporary sidewalk improvements. The work includes excavation and grading, removal and disposal of existing 5-1 --~..._._-~.. -----'. --- - - --_._..~---_.,~,_._-----~_.,..,_.- improvements, installation of asphalt concrete berm and asphalt concrete sidewalk, asphalt concrete grinding and overlay as needed, pavement striping and marking, traffic control, protection and restoration of existing improvements, and all labor, material, equipment and transportation necessary for the project. City staff has prepared plats and specifications and has advertised the project. Staff received and opened bids on July 23, 2004. The City received bids trom five contractors as follows: CONTRACTOR BID AMOUNT I. MJC Construction, Chula Vista, California $ 110,400.00 2. J.D. Paving Inc., San Marcos, Califomia $138,770.34 3. Kirk Paving Inc., Lakeside, California $140,498.60 4. Zondiros Corp., San Marcos, California $149,400.00 5. Frank & Son Paving Inc., Chula Vista, Califomia $150,205.00 The low bid by MJC Construction is above by the Engineer's estimate of $99,700.00 by $10,700.00 or approximately I 1%. The engineer's estimate was based on average prices for similar type of work completed during the last three years. City staff has verified the references provided by the contractor and their work has been satisfactory. The cost of concrete related projects have been quite volatile over the past several months and some of the estimated costs of projects based on three-year average prices have been low. Staff is updating its unit cost estimates based on more current pricing in the hope that future Engineer's estimates and actual bids are in more conformance. The Contractor's License No. 754128 is current and active. City staff has reviewed the low bid and recommends awarding the contract for $110,400.00 to MJC Construction ofChula Vista, California. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 1530 I, Class I (c) of the Califomia Environmental Quality Act (Existing Facilities). Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. 6-2 Fiscal Impact FUNDS REQillRED FOR CONSTRUCTION A. Contract Amount (MJC Construction $110,400.00 B. Contingencies (approximately 10%) $11,040.00 C. Staff Costs (Design, Inspection, Survey & Special Inspections) $35,040.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $156,480.00 FUNDS AVAILABLE FOR CONSTRUCTION A. TDA GRANT $40,889.00 B. Funds transferred from Capital Improvement Project STL-277 $115,591.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $156,480.00 Upon completion of the proj ect, only routine maintenance will be required. Attachment I: Contractor's Disclosure Statement J :\General Services\QS Administration\Council Agenda\STL-219\STL219~Al13.rev .ml.doc 5-3 - -- ---~_..~.- -,.-..---- ,,-,....__. ---.....---.-- " ----~-~_._._,--_.,.- I Attachment 1 I City of Chula Vista Disclosure Statement I Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista I 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 I application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. :TAVI~¡¿' :f/KLN£2 I .. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. I L)AV1ER.. ~IHÐJE..Z I 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names I of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. I fJ/A . I I 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. I ~AVI£~ ~l H E¡\JE2. I 5. Has any person* associated with this contract had any financial dealings with an official *~ the I City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No I I 16 I J:\EngineerIDESIGNISTL219ISTL219 Contract.doc 5-4 -~_.._--- . ~_._-_..._--,.._-_... -.---.,.,. ---"--~--'-'--- If Yes, briefly describe tbe nature oftbe financial interest tbe official" may have in tbis contract. 6. Have you made a contribution of more than $510 within the past twelve (12) months to a current member of the Chula Vista City Council? No _ Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City ofChula Vista in the past twelve (12) months? ~ includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No_ If Yes, which official" and what was the nature of item provided? Date: Î -23- ð4 J Signature of Contractor/Applicant JAVIEI0 .d I HENtz- Print or type name of Contractor! Applicant * Person is defmed as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. *, Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee ofthe City, employee, or staff members. 17 J:\EngineerIDESIGN\STL219\STL219 Contract.doc 5-5 , RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER FROM THE "PAVEMENT REHABILIT AnON 01-02 (STL- 277)''PROJECT TO THE "SIDEWALK IMPROVEMENTS ALONG THIRD A VENUE BETWEEN TREMONT STREET AND ZENITH STREET (STL-219)" PROJECT, ACCEPTING BIDS AND AWARDING THE CONTRACT WHEREAS, the City received a TDA grant in 1994 to construct the missing sidewalk improvements along Third Avenue, between Orange Avenue and Main Street; and WHEREAS, due to right-of-way acquisition necessary to construct the missing improvements, the project has been on hold since 1994; and WHEREAS, the intent of delaying the project was to obtain the right-of-way necessary as development occurred on the properties affected; and WHEREAS, staff has re-designed the project to minimize the impact of right-of-way acquisition by constructing temporary asphalt concrete sidewalk improvements along the west side of Third Avenue, between Tremont Street and Zenith Street; and WHEREAS, as development of the properties along the project area occurs, the property owners shaH be required to construct the sidewalk and street improvements at the ultimate location; and WHEREAS, staff recommends the transfer of $115,591 of Gas Tax funds from a completed capital improvement project "Pavement Rehabilitation of 01-02 (STL-277)" to the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL- 219)" Project to construct the temporary sidewalk improvements; and WHEREAS, on July 23, 2004, the Director of General Services received sealed bids for the "Sidewalk Improvements along Third A venue Between Tremont Street and Zenith Street (STL-219)" project; and WHEREAS, staff received bids from the foHowing five contractors: CONTRACTOR BID AMOUNT 1. MJC Construction, Chula Vista, California $110,400.00 2. J.D. Paving, Inc., San Marcos, California $138,770.00 3. Kirk Paving Inc., Lakeside, California $140,498.60 4. Zondiros Corp., San Marcos, California $149,400.00 5. Prank & Son Paving, Inc., Chula Vista, California $150,205.00 6-b ---_..__....~.."--.._-_.._..- -- -".~._--~-------_._---,._.__.._._._------------~._-- WHEREAS, the low bid submitted by MJC Construction is above by the Engineer's estimate by $10,700 or approximately 11 % (the Engineer's estimate was based on average prices for similar type of work completed during the last three years); and WHEREAS, the scope of work includes excavation and grading, removal and disposal of existing improvements, installation of asphalt concrete berm and asphalt concrete sidewalk, asphalt concrete grinding and overlay as needed, pavement striping and marking, traffic control, protection and restoration of existing improvements, and all labor, material, equipment and transportation necessary for the project; and WHEREAS, Engineering staff checked the references provided by the contractor and all references were verified and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to MJC Construction of Chula Vista, California for $110,400; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class I of the California Environmental Quality Act (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the transfer of$115,591 of Gas Tax funds from a completed capital improvement project "Pavement Rehabilitation of 01-02 (STL-277)" to the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-219)" Proj ect BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept the bids and award the contract for the "Sidewalk Improvements along Third Avenue Between Tremont Street and Zenith Street (STL-219)" Project to MJC Construction of Chula Vista, California in the amount of $11 0,400. Presented by Approved as to form by ..Dc- -' 7. l~~ Jack Griffin Ann Moore Director of General Services City Attorney lattorney\reso\bidslsidewalk improvements STL-219 project 5-7 COUNCIL AGENDA STATEMENT Item: G Meeting Date: 09/21/04 ITEM TITLE: Resolution 2004- of the City Council of the City of Chula Vista deleting one Principal Landscape Architect Position and adding one Senior Fiscal Office Specialist position and adding one Locksmith position. SUBMITTED BY: Director of General Services(j1XY' REVIEWED BY: City MÆger (4/5ths Vote: Yes _ No..x.-J As the General Services Department continues to evolve and opportunities occur for realignment of positions, it has become clear that additional administrative assistance is required. It is also clear that the City's move toward sophisticated electronic locking devices on new, renovated and existing buildings is creating significant demands on the City's lone Locksmith. This realignment will enable the Department to improve its level of service and efficiency without requiring any additional appropriations from the General Fund. RECOMMENDATION: Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION: N/ A DISCUSSION: Several months ago, the City's Principal Landscape Architect position (a middle management position) became vacant. With that vacancy, the General Services Department management staff has analyzed and reviewed the operations of the Landscape Architecture Unit as well as the capabilities of existing staff to handle the workload of the unit. The unit has been operating under the direct supervision of the Building and Parks Construction Manager since the vacancy occurred. It is the conclusion of the management of the Department that the Principal Landscape Architect position is not necessary for the continued operations of the unit. One of the main reasons for this determination is the move of the construction of parks projects from the turn-key (developer constructed parks) method of construction to the design/build method of construction (City constructed). All of the City's design/build efforts to date have been managed by the Building and Parks Construction unit which is led by the Building and Parks Construction Manager. General Services management believes that the two Landscape Architects (middle managers) are capable of managing the day to day operations of the unit under the direction of the Building and Parks Construction Manager. At the same time, other changes have occurred within the Department. Originally, there were two Administrative Analysts assigned to project management (budgetary, insurance, contract adherence) for all City Capital Improvement Projects (CIP). In the Engineering Division of the Department, an Adtninistrative Services Manager oversaw all of the fiscal matters pertaining to Engineering including, special tax assessment districts, development impact fee management, 6-1 ----~..."--_.. ____.___,,__"_.__'n____..__ _" ·m·__~·~__~__ Page 2, Item: ~ Meeting Date: 9/21/04 developer deposit tracking, general budgeting and other fiscal and administrative duties. In July of this year, the Administrative Services Manager was reassigned to the Library Department and charged with the duty of developing a City-wide grant management program. The General Services Department is not requesting that the Administrative Services Manager position be reinstated. However, the Department did transfer one of the Administrative Analysts that had been assigned to the CIP group to the Engineering Division to oversee all of the fiscal activities of the division. This transfer leaves a hole in the fiscal management aspect of the Department's CIP related activities. Staff recommends that this hole be filled by the adding of a Senior Fiscal Office Specialist. This position will focus primarily on the administrative processing of all payments to contractors and consultants regarding CIP projects and also manage the insurance issues with respect to CIP projects. The position will also provide other fiscal related administrative services to all Department groups such as back-up on payroll distribution, budget assistance and bill paying. Lastly, with the recent opening of the new police facility, relocation of City Hall staff to the former police headquarters, design of the Civic Center renovations and the impending opening of two new fire stations (Stations 6 and 8) and three new recreation centers (Veterans, Salt Creek and Montevalle), plus the additional heightened security issues all governmental agencies are facing, the sheer volume of lock related work has increased tremendously. On top of this numerical increase in locking devices, the complexity of the locks the City utilizes has increased substantially as well. As the City continues to move in the direction of more sophisticated electronic locks for all of its buildings the workload of the City's lone Locksmith has shifted from physically repairing or installing a lock on a specific door or gate to include repair/installation, electronic wiring and computer programming of the locks and to coordinate with the persons given permission to access the lock. The size of the database that must be maintained has increased several fold over the past few years and will increase even faster in the coming years as new buildings come on line. As a result of the increased work load, the Department is requesting that an additional Locksmith be added to the General Services staff. FISCAL IMPACT: The annual cost for the Principal Landscape Architect including salary and benefits is $131,274. The similar annual cost for a Senior Fiscal Office Specialist is $60,854 and the annual cost for a Locksmith is $71,910 for a total cost of $132,764 resulting in a fiscal impact to the General Fund of $1,490. This additional cost will be absorbed through salary savings within the Department and does not require any additional appropriations. J:\General Services\GS Administration\Council Agcnda\Principal Landscape Arch Rcclass\Principal Landscape Arch Reclass Agenda Statementdoc 6-2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DELETING ONE PRINCIPAL .LANDSCAPE ARCHITECT POSmON, ADDING ONE SENIOR FISCAL OFFICE SPECIALIST POSmON AND ADDING ONE LOCKSMITH POSITION WHEREAS, several months ago, the City's Principal Landscape Architect position (a middle management position) became vacant; and WHEREAS, the unit has been operating under the direct supervision of the Building and Parks Construction Manager since the vacancy occurred; and WHEREAS, the management of the Department recommends that the Principal Landscape Architect position is not necessary for the continued operations of the unit; and WHEREAS, one of the main reasons for this determination is the move of construction from the turn-key (developer constructed parks) method of construction to the designlbuild method of construction (City constructed); and WHEREAS, staff recommends that the two Landscape Architects (middle managers) are capable of managing the day-to-day operations of the unit under the direction of the Building and Parks Construction Manager, therefore rendering the Principal Landscape Architect position unnecessary; and WHEREAS, the General Services Department transferred one of the Administrative Analysts that had been assigned to the City's Capital Improvement Projects (CIP) group to the Engineering Division to oversee all of the fiscal activities of the division; and WHEREAS, this transfer leaves a hole in the fiscal management aspect of the Department's CIP related activities; and WHEREAS, staff recommends that this vacancy be filled by the addition of a Senior Fiscal Office Specialist who will focus on the administrative processing of payments to contractors and consultants and manage the insurance issues with respect to CIP projects; and WHEREAS, this position will also provide other fiscal related administrative services to all Department groups such as back-up on payroll distribution, budget assistance and bill paying; and WHEREAS, with the recent opening of the new police facility, relocation of City Hall staff to the former police headquarters, design of the Civic Center renovations and the 1 6-3 " ",._".. - - ,. - "-.-..-- - . ._-_._..__.._-----~_._----,.._._.,._--,--- impending opening of two new fire stations (Stations 6 and 8) and three new recreation centers (Veterans, Salt Creek and Montevalle), plus the additional heightened security issues all governmental agencies are facing, the sheer volume of lock related work has increased tremendously; and WHEREAS, in addition, the increase in the complexity of the locks the City utilizes has increased substantially; and WHEREAS, staff recommends the addition of one Locksmith position to the General Services Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby delete one Principal Landscape Architect Position and add one Senior Fiscal Office Specialist position and one Locksmith position. Presented by Approved as to form by .-~\¡;¡ :(ÇM~\\\c1 f~'C',\ \. Jack Griffin Ann Moore . Director of General Services City Attorney J:\attorney\reso\classification\General Services positions 2 6-4 COUNCIL AGENDA STATEMENT Item: -L Meeting Date: 9/21/2004 ITEM TITLE: Resolution of the City Council of the City ofChula Vista approving a $50,000 extension to a purchase order with J AS Pacific, Inc. to provide building inspection services. SUBMITTED BY, Direo<oc OfP!:', rnd Bllildm~ REVIEWED BY: City Manager (4/5 Vote: _Yes X No) Due to the continued high level of construction activity, staff has determined a greater need for contract building inspection services than anticipated. We request City Council approve the extension of an existing $50,000 purchase order. No additional budget is requested. RECOMMENDATION: That Council adopts the resolution approving a purchase order extension of $50,000 to JAS Pacific, Inc. to provide building inspection services. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background On August 19,2003, City Council approved Resolution 2003-364 awarding a multi-year contract to JAS Pacific, Inc. for building inspection and code enforcement services, after a competitive consultant selection process. During FY 03-04, the vendor provided $17,500 in building inspection services for the City, with one inspector utilized for two months of the year. Due to existing and projected workload, two contract inspectors are now being utilized to help staff maintain the next-day inspection service level we have provided in the past. The current purchase order for $50,000 will not be enough to cover the inspection services at the current pace, so staff requests an additional $50,000, bringing the total purchase order to $100,000 for FY 04-05. Fiscal Impact: All costs of inspection services, whether performed by City staff or the City's consultant are borne by the applicant in the form of building permit fees. The building permit fees provide sufficient-revenue to cover both the cost of the services provided by the consultant and the Department's administrative overhead costs. The cost to the applicant 7-1 -- --------_..- _ ---_.~ -..--- is the same, whether City staff or consultants provide the service. Sufficient funds are budgeted to cover all costs. Therefore, no further appropriations are needed. H:IBld_HsglBobMc\A113 JAS PO Ext.doc 7-2 RESOLUTION NO. 2004-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $50,000 EXTENSION TO A PURCHASE ORDER WITH JAS PACIFIC, INC. TO PROVIDE BUILDING INSPECTION SERVICES WHEREAS, on August 19, 2003 City Council approved Resolution 2003-364 awarding a multi-year contract to JAS Pacific, Inc. for building inspection and code enforcement services; and WHEREAS, staff anticipates exceeding $50,000 in building inspection services this fiscal year; and WHEREAS, the City collects building permit fees to cover these services and has existing budget to cover the expenditure increase. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve an increase in the amount of the purchase order for JAS Pacific, Inc. inspection services from $50,000 to $100,000. Presented by Approved as to form by ~7f l~ James D. Sandoval Ann Moore Director of Planning and Building City Attomey Attorney\reso\agreementsVAS inspection PO increase.doc 7-3 ,.. ._._.._-,~._-_.,,---- _._~.~,.,._._.-.-..-.~ --.---.--.... -_._--_.~_._._-_._--_..~-_._------ COUNCIL AGENDA STATEMENT Item No. 8' Meeting Date 09/17/04 ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA /JJP SUBMITTED BY: Susan Bigelow, MMC, City Clerk The proposed Resolution adopts an amended Appendix to the City's Conflict of Interest Code, listing the officials and designated employees of the City who are required to file periodic statements of economic interest and the disclosure categories under which each such official and designated employee is required to file. The proposed Ordinance amends the disclosure categories as recommended by the Fair Political Practices Commission. RECOMMENDATION: Council place the Ordinance on first reading and adopt the Resolution. BACKGROUND: On March 21,2000, the Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the Califomia Code of Regulations, Section 18730, and any amendments thereto which are adopted by the Fair Political Practices Commission. The Ordinance requires that the Council set forth by Resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. By Resolution No. 2004-152, the Council directed the City Clerk and the City Attorney to perform said review, and it has been determined that the Appendix to the Code requires amendments to reflect new and amended job titles for certain positions and to delete certain positions which do not meet the criteria for designated employees. Adoption ofthe proposed Resolution will amend the Appendix to the local Conflict of Interest Code accordingly. In addition, a representative of the Fair Political Practices Commission recently reviewed the disclosure categories and suggested revisions to ensure full disclosure of potential conflicts. Adoption of the proposed Ordinance will amend the Municipal Code to incorporate the revised categories. FISCAL IMPACT: None 8-1 ---- ---.---,----...--"--.--.---.----,-.- .-". ._...._--+--_._~_.._-_.,---_.-_._---_._._- ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA The City Council of the City ofChula Vista does ordain as follows: SECTION I: Section 2.05.030 of the Chula Vista Municipal Code relating to the City's conflict of interest code is hereby amended to read as follows. 2.05.030. Conflict of interest code of the city ofChula Vista. A. The Political Reform Act, Govemment Code Sections 81000, et. seq., requires local govemment agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2 of the California Code of Regulations, Section 18730, which contains the terms of a standard model conflict of interest code, which is incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of Title 2 of the California Code of Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference and constitute the conflict of interest code of the city of Chula Vista. B. The city council shall set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. Said resolution and any amendment to it are incorporated by reference to the conflict of interest code. Said disclosure categories are: 1. All investments, in real preperty sources of income and business positions; 2. Interests in real property; 3. Investments, business positions. interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department; 4. Investments and business positions in business entities and sources of income wftieh that engage in land development, construction or the acquisition or sale of real property; 5. Investments and business positions in business entities and sources of income ef the type whish that, within the past two years, have contracted with the city of Chula Vista or redevelopment agency to provide services, supplies, materials, machinery or equipment; 6. Investments and business positions in business entities and sources of income f the type whish that, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. 7. Business positiens. 2-2- ..-.-.-....-- ----_.._-_._-_._._----~--- Ordinance Page 2 SECTION II: This ordinance shall take effect and be in full force and effect 30 days after its second reading and adoption. Submitted by Approved as to form by ---~ ~ Þ ev-----' ~41!Pfl? µJf Susan Bigelow City Clerk City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this _ day of October, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. _ had its first reading at a regular meeting held on the 21 st day of September, 2004 and its second reading and adoption at a regular meeting of said City Council held on the day of October 2004. Executed this _ day of October 2004. Susan Bigelow, MMC, City Clerk s:?-3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Sections 8100 et seq., requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, Section 18730, and any amendments thereto which are adopted by the Fair Political Practices Commission; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to determine if it is accurate or, altematively, that the Code must be amended; and WHEREAS, as directed by the City Council, the City Attorney and the City Clerk have reviewed the Code on behalf of City staff and all departments of the City and designated City commissions and boards and have determined that amendments to the Appendix of the Code are necessary. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City ofChula Vista that the list of officials and designated employees ofthe CityofChuIa Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official and designated employee is required to file, are shown on Exhibit "A," attached hereto and made a part hereof. Presented by Approved as to form by d~ ~& .='~'g'"'~_L() .-J City Clerk City ttorney PASSED, APPROVED, and ADOPTED by the City Council of the CityofChula Vista, California, this 21 st day of September, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk '6-'1 . ...._~-_._--_._..__..~~~-~---_.._-----_._- EXHIBIT "A" DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER STATE LAW AND/OR THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Mayor and City CouncillMembers of the Redevelopment Agency All Candidates for Elective Office All Planning Commission Members All City ManagerÆxecutive Director of the Redevelopment Agency All City Attomey/Redevelopment Agency Attomey All Director of Finance/Redevelopment Agency Chief Financial Officer All Assistant and Deputy City Managers 1,2 All other Department Heads 1,2 Chief of Police City Clerk Dir6eter ef BiHlàiHg & PIIfk CeßotruetieH Director of Communications Director of Community Development Director of Conservation & Environmental Services Director of Emplovee Development Director of General Services Director of Human Resources Director of Management & Information Services Director of Recreation Director of Planning and Building Director of Public Works üperations EX6e1ltive Director of the Nature Interpretati'¡e Center Fire Chief All other Assistant and Deputy Department Heads 1,2 Assistant Chief of Police Assistant City Clerk Assistant Director of Budget & Analvsis Assistant Director of Building & Housing Assistant Director of Community Development Assistant Director of Finance Assistant Director of Human Resources Assistant De¡!1lty Director of Public Works Operations 8-5' ---------~.__._-_.^.._._-~_._.- -- ----- --_..._----~---------_.__._---_._-_._-- Underline ~ additions Strike-out ~ deletions All other Assistant and Deputy Department Heads (Continued) 1,2 Assistant Director of Recreation Assistant Library Director B\lildiag Prejeeta Manager Deputy Director of Parks Deputy f.ssistant Director of Planning Deputy Director of Public Works/City Engineer Deputy Fire Chief Senior Assistant City Attorney Administrative Services Manager 1,2 Assistant City Atterney 1,2 Assistant Transit Coordinator 5 .^,asistant to Mayor and City Cmffisil ;\11 Benefits Manager 6 Bailàing and HOllaiag lnS3eeteriCede EnfereemeHt Offieer I, II & III 3, 7 Building and Park Construction Manager 1.2 Building Inspector I. II & III 3 Building Services Slff!eriHteHseHt Manager 3,5,6 Business Office Manager 5 Buyer I Chief Learning Officer 1.2 Chief of Staff 1.2 City Engineer 1.2 Civil Engineer 3,4,5 . Code EnforcementPemlÍt Manager 3,4 Code Enforcement Officer 3 Collections Supervisor 2,4 Communications Manager 1.2 . Exhibit "A" - Page 2 ð-~ 9/2004 Underline = additions Strike-out = deletions Constituent Services Manager 1.2 Council Assistant ill All Custodial & Facilities Manager Deputy Building Official 3,6 Deputy City Attorney I, II, III 1,2 Deputy City Clerk 1,2 Deputv Citv Engineer 1.2 Deputv Director of Redevelopment 1.2 Director of Budget & Analysis 1,2,4,5 Economic Development Manager 3,4,6 Educational Services Manager 3,4,6 Environmental Project Manager 3,4,6 Environmental Review Coordinator 3,4,6 Equipment Maintenance Manager 1.2 Fire Communications Manager 1.2 Fire Marshal 3,6 Fiscal Operations Manager 1,2 Fleet Manager 5,6 Geaeral Plan Projeet M!lflager I, 2, 3, 1 Hearing Officers All Housing Coordinator 3,4 Intergovernmental Affairs Coordinator 5,6 Librarv Public Services Manager 1.2 MBRager ef OrganizatieRaI De'¡elej'!ffieÐt & TraifJffig I, 2, 7 Exhibit "A" - Page 3 <2-7 9/2004 H'_ ..______._ - ..--~-_._-,----~._--,..__._..",._--- Underline = addition~ Strike-out = deletions Open Space Coordinator 4,6 Open Space Manager 1.2 Parks & Open Space Manager 1.2 Planning and Environmental Manager 3,4,6 Planning and Housing Manager 1.2 Plan Check Supervisor 3,4 Plans Examiner 1,2 Police Captain 1,2 Principal Community Development Specialist 3,4,6 Principal Landscape Architect 3,4 Principal Management Assistant 5 Principal Planner 1,2,3 Procurement Specialist I Pablie lflformation Coordinator 1, 5 Public Works Inspector I & II 3,4 Public Works Manager 1.2 Purchasing Agent I Real Property Manager 1.2 Redevelopment Coordinator 3,4,6 Redevelopment Proiects Manager 1.2 Risk Manager I Senior Accountant 3 Senior Assistant City Attomey 1,2 . Exhibit "A" - Page 4 'if - 'Jj 9/2004 Underline ~ additions Strike-out = deletions Senior Building Inspector 3 Senier Buyer 1, 7 Senior Civil Engineer 3,4,5 Senior Code Enforcement Officer 3,4 Senior Community Development Specialist 3,4,6 Senior Council Assistant 1.2 Senior Economic Development Specialist 3,4,6 Senior Landscape Inspector 1.2 Senior Planner 1,2,4 Senior Plans Examiner 3,4 Senior Procurement Specialist 1.2 Senior Public Works Inspector 3,4 Special Operations Manager 3,4,6 Special Planning Projects Manager 1,2 Special Projects Manager 1,2 Transit Coordinator 5 Treasury Manager 1,2 Wastewater Collections Manager 1.2 Exhibit "A" - Page 5 2-9 9/2004 ..--......... _.._,..,._".,._...,_.-.~ ----.------_._~~ --~~ Underline = additions Strike-out = deletions Board of Appeals and Advisors Members 2,5 Board of Ethics Members 1,2 Board of Library Trustees 2,6 Charter Review Commission Members 1,2 Civil Service Commission Members 3 Design Review Committee Members 2,4 Economic Development Commission Members 1,2 Growth Management Oversight Commission Members 2,4 Mobilehome Rent Review Commission Members 1,2 Resource Conservation Commission Members 2,4 Town Centre Project Area Committee Members 3 Consultants* All * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code. Exhibit "A" - Page 6 2-10 9/2004 COUNCIL AGENDA STATEMENT Item c¡ Meeting Date 9/21/04 ITEM TITLE: Public Hearing regarding the approval of the Telegraph Canyon Road Widening Project from 800 feet West of Crest Drive to Interstate 805 and the acquisition of certain right-of-way over portions of Assessor's Parcel Number 639-080-22 for improvements on Telegraph Canyon Road Resolution approving the Telegraph Canyon Road Widening Project !Tom 800 feet West of Crest Drive to Interstate 805 and adopting Addendum to Mitigated Negative Declaration IS-02-35. Resolution determining and declaring the public interest and necessity for acquiring and authorizing condemnation and immediate possession of a portion of Assessor's Parcel Number 639-080-22 for the construction of Telegraph Canyon Road Street Widening Project (CY-102) and authorizing condemnation proceedings by outside counsel to acquire said property in the manner provided by law. SUBMITTED BY: Director of General Services / City Engineer * REVIEWED BY: City Manager P (4/Sths Vote: Yes...K..ßo-> The widening of Telegraph Canyon Road is one of the Eastern Chula Vista Traffic Enhancement Projects previously identified by the City to help reduce congestion on the arterial roadways leading to 1-805. Design of the widening project is currently being proposed after an analysis of many potential alternatives. To accommodate the proposed widening, it is necessary to acquire certain rights-of-way from the ARCO gas station located on the north side of Telegraph Canyon Road, west of Hale crest Drive. RECOMMENDATION: That Council conduct a public hearing and adopt the resolutions. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: The City initiated the Eastern Chula Vista Traffic Enhancement Program in 2001 to identify improvements that add additional traffic capacity which could be implemented to provide traffic congestion relief on .arterial roadways within Chula Vista. The constmction of these facilities will help the City to maintain the City's Growth Management Threshold Standards and quality of life. The widening of Telegraph Road was identified as one of the most vital projects in terms of congestion relief. The Telegraph Canyon Road project was a part of the City's original Traffic Development Impact Fee (TDIF) program adopted by Council on January 19, 1988. Telegraph Canyon Road 9-1 - - . .,..._..,_..._.,._.._-_.,.,.,..._-~- - -.-..-.--- .._~-----.~--~- Page 2, Item 3- Meeting Date 9/21/04 from 1-805 to Paseo Ladera was identified as Facility No.3 of the original TDIF program. On September 17, 2002, the City Council adopted a Mitigated Negative Declaration (IS-02-35) and approved an agreement for the financing and construction of the subject improvements. The financing agreement obligates four developers to construct the Telegraph Canyon Road widening at no cost to the City provided that City Council approves the acquisition of any required property, which is the purpose ofthe recommended Resolution of Necessity. The City Council is not obligated by said agreements to adopt the resolution proposed tonight, rather City Council has the discretion to either adopt or not adopt the resolution based on tonight's proceedings. The design of the project has been ongoing and is nearing completion. The recommended design involves the widening of westbound Telegraph Canyon Road from approximately 800 feet west of Crest Drive to the 1-805 northbound ramp in order to add one westbound lane. This project will provide for 4 westbound lanes, two dedicated right-turn lanes onto northbound 1-805 and two westbound through lanes. Upon completion, the project will decrease westbound traffic · congestion and improve traffic flow by increasing roadway capacity thereby assuring that the City's Growth Management Ordinance traffic thresholds will not be exceeded. This project will also improve the existing operations of several signalized intersections, most notably at the Telegraph Canyon Road/I-805 northbound ramps from level of service (LOS) E to D during the A.M. peak hour and at Telegraph Canyon RoadlHalecrest Avenue from LOS D to C during the A.M. peak hour and from LOS C to B during the P.M. peak hour. In order to complete the construction of this project as proposed, it is necessary to acquire permanent right-of-way and a temporary construction easement from the ARCO gas station on the north side of Telegraph Canyon Road, west of Halecrest Drive (495 Telegraph Canyon Road). A copy of the Easement Deed required is attached hereto. An independent appraiser has completed an appraisal of the property rights needed. An offer in the full amount of the appraisal has been made to the affected property owner. City staff is currently working with the property owner in an attempt to acquire the needed portions of this property through negotiation. Since construction of this project is crucial to ensuring that existing roadway capacity is adequate to handle both existing development and previously approved development and so that growth management thresholds are not exceeded, City staff recommends that Council authorize the use of the City's eminent domain powers by adopting a Resolution of Necessity. The adoption of a Resolution of Necessity at this time will allow the City to obtain timely possession of the needed property in order to begin construction while negotiations continue with the property owner. · The same developers that entered into the agreement to finance and constmct the Telegraph Canyon Road widening project also entered into an 'Agreement for Monitoring of Building Permits' with the City in April 2003. This agreement established a cumulative limit of building permits that could be issued for· the 3-yr period between April I, 2003 and March 31, 2006. Although tins agreement established a number of building permits attributable to certain improvements, the agreement does not relieve the developers from complying with their conditions of entitlements. Specifically, the total number of dwelling units for each development project remains unchanged, as set forth in the Entitlements. Further, the agreement stipulates that the City's ability to exercise its discretion as provided by the Growth Management Program is · 9-2 Page 3, Item q Meeting Date 9/21/04 the City's ability to exercise its discretion as provided by the Growth Management Program is not restricted. Environmental Review Environmental review related to the proposed widening of Telegraph Canyon Road which has been previously conducted consists of the following: EIR-88-01 was certified by the City Council on May 22, 1990, in conjunction with the approval of Tentative Map CVT 90-07 for the Sunbow II development. Tentative Map Condition #9 lists facility # 6, the widening of Telegraph Canyon Road in order to provide an additional westbound lane immediately east of Interstate 805. The City Council approved a TDIF update on August 20, 2002, including the project for the north side widening of Telegraph Canyon Road. This action was determined to be exempt from CEQA pursuant to State CEQA Guidelines Section 15060(c)(3). Mitigated Negative Declaration (MND) IS-02-35 was adopted by the City Council on September 17, 2002, in conjunction with the approval of an agreement for the financing and construction of the widening of Telegraph Canyon Road. MND IS-02-35 addressed the potential environmental impacts associated with the physical construction of this roadway widening project. Addenda to EIR-89-03/EIR-91-03/MND IS-00-05, EIR-97-02, and EIR-98-01/EIR-OI-01IEIR- 01-02/EIR-02-05 were adopted by the City Council on April 15, 2003, in conjunction with the approval of Agreements for Monitoring of Building Permits with several master developers for development in the Eastern Territories prior to the completion of SR-125. These Addenda addressed the potential environmental impacts associated with phasing shifts to enable housing units permitted under previous entitlements to be developed prior to the completion of SR-125 provided certain roadway improvements are constructed. Environmental review of the current proposed actions associated with the widening of Telegraph Canyon Road consists of the following: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted MND IS-02-35. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to MND IS-02-35. A copy ofthis addendum is attached. 9-3 --...----...-- ------ ..".."---. -.._.~_._-,-".__.__.- Page 4, Item &ì i Meeting Date 9/21/04 Public Hearing In order to acquire real property for public purposes, pursuant to Government Code Section 7267.2, the City of Chula Vista must make an offer to purchase the property for an amount constituting "just compensation". If an agreement for the voluntary purchase of the property cannot be reached, the City may notice and conduct a public hearing to consider whether to acquire the property by the exercise of its power of eminent domain. At such hearing, pursuant to Civil Procedure Code Section 1240.030, the City must find and determine that: A. The public interest and necessity require the project; B. The project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury; C. The property sought to be acquired is necessary for the proj ect; and D. An offer has been made to the record owner or has not been made because the owner cannot be located. Notification of Public Hearing By notice dated September I, 2004, both the property owner and the tenant of APN 639-080-22 (ARCO) were advised of the public hearing scheduled for September 21, 2004, which notice provided them with an opportunity to appear and be heard at the hearing. Since the attorney for the owner of the adjacent Union 76 property requested special notice concerning any public hearings about the Telegraph Canyon Road Street Widening Project, that special notice was given by letter dated September 1st. DETERMINATIONS TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PORTION OF THE PROPERTY IDENTIF1ED AS ASSESSOR'S PARCEL NUMBER 639-080-22. At tonight's hearing the City Council must determine that the four conditions previously referenced have been met. Provided below is supporting information to be considered by the City Council: (a) Whether The Public Interest And Necessity Require The Project The construction of the Telegraph Canyon Road Street Widening Project is crucial to the existing development east of 1-805 and to the continued planned and approved development in the eastern portion of the City. As it exists today, the roadway capacity is not adequate to handle current traffic volume without the proposed widening project. As a 6-lane major arterial, the design capacity of the roadway is 50,000 ADT. The current traffic volumes exceed 50,000ADT. Based upon the most recent analysis, the roadway is operating below 9-4 Page 5, Item q Meeting Date 9/21/04 Growth Management Committee (GMOC) thresholds, as they are a measure of intersection delay time, not roadway volume. The public interest and necessity require that Telegraph Canyon Road be widened east of 1- 805 in order to reduce existing traffic congestion and to minimize the potential for further traffic congestion and delays by providing additional capacity for anticipated future traffic volumes in eastem Chula Vista from currently programmed development. Due to existing traffic volumes, traffic delays are nearing the capacity of the roadway. The Telegraph Canyon Road/I-805 northbound ramps intersection currently operates at level of service (LOS) E during the A.M. peak hour. Without the project it is anticipated that with scheduled development the traffic delays along this segment of Telegraph Canyon Road will be increased and the operations of the signalized intersections along this segment will worsen creating excessive delays. The project will assist in alleviating these delays. (b) Whether The Project Is Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good And The Least Private Injury Alternative alignments were analyzed during the design process. Since anticipated future traffic volumes necessitate widening of the right-of-way to accommodate an additional lane, the only viable option is to acquire land from the north side of Telegraph Canyon Road as widening on the south side posed a series of difficult problems. On the south side of Telegraph Canyon Road is a residential condominium complex on top of a substantial hill and retaining wall. This would require the acquisition of residential land and the construction of a new retaining wall approximately twice as high as the existing wall. Further, this alternative would compromise the geometry of the roadway. Since it is a westbound lane that needs to be added, widening on the south (eastbound) side would create a misalignment with the 1-805 underpass through lanes. In an attempt to minimize impacts to the properties located along the north side of Telegraph Canyon Road, the proposed alignment shifts the westbound lanes to the south including a southward shift and a narrowing of the eastbound-to-northbound left turn lane onto Halecrest Drive. In addition, by opting to widen on the north (westbound) side of Telegraph Canyon Road and reconstructing the existing median to the south, and narrowing the eastbound number 1 through-lane (lane closest to the center of the roadway), a more desirable alignment is achieved while minimizing the amount of private land to be acquired. Based upon this concept it was initially determined that right-of-way would be required from the two gas stations located on each side of Halecrest Drive. Since the ARCO site lies west of Halecrest Drive, adjacent to the 1-805 northbound onramp, it is subject to CALTRANS access control. Due to CALTRANS requirements, the project will eliminate the stations' western most driveway and limit the eastern driveway to exit only. The ARCO station's owner, BP West Coast Products, Inc. has determined that the remainder site will no longer be viable as a gas station. We are working with them and the tenant, Mr. Don Chrislock to determine the future status of this location. 9-5 --- --. --~- -.-.-,-..---.".--..-----.----, ,.--- -----~_._."--------_.~_..~_.._--"..._,. Page 6, Item q Meeting Date 9/21/04 After lengthy analysis it was ultimately determined that the design could be modified slightly to eliminate the need for the four feet of right-of-way initially sought from the parcel east of Halecrest (Union 76). By modifying the median and lane widths and constructing the new westbound number 4 lane (lane farthest from the center of the roadway) and the new sidewalk within existing right-of-way in front of the Union 76 gas station, the need for additional right-of-way from this parcel has been eliminated. All street improvements needed for the new design adj acent to the Union 76 property will be constructed within existing street and within unimproved City right-of-way where the current driveways and landscaping are located. This right-of-way with the appurtenant access and construction rights were granted to the City in 1995 by Easement Deed recorded as Document No. 95-0469718 O.R. a copy of which is attached hereto. This was done as a condition of approval for the installation of a car wash on the site per Conditional Use Permit PCC-94-47, a copy of which is attached hereto. A letter was received by the City dated April 21, 2004 from Darnell & Associates, traffic consultant for Union 76, regarding the safety of this proposed alignment. City Staff analyzed the request on safety and has determined that the design is safe. The City's project design consultant has also reviewed the letter and determined that the design meets all applicable safety standards. Additionally, the recommended design exceeds all requirements of California Fire Code Section 5201.4.1.2 and 7902.6.3 governing gas stations. These sections require that dispensing devices be 10 feet or more from property lines and underground tanks be 3 feet from property lines respectively. A specific issue raised by the Darnell letter was that the design was unsafe based upon previous accident history, curb offset and lane widths. A review of the collision history for the 6-year period from January I, 1998 through December 31, 2003 shows that there was eight reported collisions within the proposed revised project area. Six of these were rear-end collisions, one was due to an improper lane change and one was due to a driver falling asleep and striking a wooden utility pole. It appears that none of these accidents were related to the design of the existing roadway and Telegraph Canyon Road within the project limits has an accident rate lower that the statewide average for similar roadways. (See attached Memorandum and Exhibit) The City has further refined the design to eliminate the existing curb offset east of the Union 76 site along the north side of Telegraph Canyon Road. This design meets applicable design standards. Accordingly the project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury because the roadway and on-ramp improvements will primarily be located within existing City and/or State right-of-way with additional right-of-way only being needed from one ownership. 9-6 Page 7, Item q Meeting Date 9/21/04 (c) Whether The Properties Sought To Be Acquired Are Necessary For The Project The property sought to be acquired is necessary for the project because it is located within the proposed roadway widening alignment corridor. The temporary construction easement is necessary to construct the project within the area to be acquired. The temporary easement will be used for a period not to exceed six months and will be restored to a condition similar to the existing condition. (d) Whether The Offer For Purchase Required By Government Code Section 7267.2 has been Made To The Owner Of Record On November 12,2003 in accordance with Government Code Section 7267.2, the City made an offer to acquire the necessary property rights from APN 639-080-22 (ARCO) to the property owner of record. This offer was also for the full amount determined to be Just Compensation by an approved MAl appraisal. On May 19, 2004 an offer for loss of goodwill and Fixtures and Equipment was made to the existing ARCO Tenant, Mr. Don Chrislock. This offer was based upon approved appraisals for each. The amount of compensation is not a consideration in this public hearing. All statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein have been complied with by the City of Chula Vista. The adoption of the requested Resolution of Necessity will allow the City to initiate court proceedings to acquire possession of the necessary right-of-way for the subject project. Commencement of the eminent domain proceedings will authorize the filing of complaints with the Superior Court. The outside legal counsel services of Linda Bartz of the firm of Asaro Keagy Freeland McKinley and Bartz LLP will be utilized for the associated condemnation proceedings. Ms. Bartz has reviewed the Resolution of Necessity and determined that the requested action is in compliance with all applicable laws. FISCAL IMPACT: None to the General Fund. The approved proj ect is funded by the development community under the City Transportation Development Impact Program (TDIF). Attacbments: I. ARCO Easement Deed 2. Addendum to MND IS-02-35 3. Existing Union 76 Easement Deed 4. CUP No. PCC-94-47 File No. CY.102 J:lengineerlagendalTele 42704 ARCa 9-21-04.doc 9116120041:58:43 PM 9-7 o·...·..·.___.___.______··__ ----~.~~- ATrACHMENT / Recording requested by and please return to: City Clerk City ofChula Vista P.O. Box 1087 Cbula Vista, CA 91912 This instrument benefits City, only. No lee required > (This s ace or Recorder's use, ani ~ > Assessor's Parcel Number 639-080-22 Chula VistaCIP File No: CY-I02 EASEMENT FOR STREET AND PUBLIC UTILITY AND TEMPORARY CONSTRUCTION PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BP West Coast Products LLC, a Delaware limited liability company (Grantor) hereby grants to the CITY OF CHULA VrST A, the right of way and incidents thereto for Street And Public Utility Purposes on, over, under, across and through that certain real property in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: SEE ATTACHED: EXHIBIT" A" FOR LEGAL DESCRIPTION EXHIBIT "B" FOR PLAT TOGETHER with a Temporary Construction Easement consisting of 1,678 square feet, more or less as shown on said Exhibit "B". Said Temporary Construction Easement shall have a duration not to exceed six months. The right to use said Easement shall commence upon the start of physical construction on Grantors property and shall terminate upon the filing of a Notice of Completion or at the end of said six months, whichever occurs first. In no event shall said Temporary Construction Easement continue in effect after March 31, 2006. Grantor hereby further grants all ingress and egress access rights to Telegraph Canyon Road over the westerly 60.00 feet of southerly line of the remainder parcel of said property as shown as "access control" on said Exhibit "B" Grantor grants all egress rights to Telegraph Canyon Road. 9-8 - -"-----,- ---- ,. _.._.._-----_.__.._-----~_._-_. Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-building materials within said right of way at such locations as the City may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. Signed this day of ,20_ Grantor( s)' signature( s): BP West Coast Products LLC, a Delaware Limited Liability Company By: By: (Notary Acknowledgment required for each signatory) This is to certify that the interest in real property conveyed herein to the City of Chula Vista. a governmental agency. is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: 9-9 EXHIBrr~A" EASEMENT RIGHT -GF-WA Y ACQUIsrnON TELEGRAPH CANYON ROAD Being a portion of the Northwesterly Quarter of Quarter Section 88 of Rancho de la Nadon, in the Oty of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of said County, being more particularly described as follows: Beginning at the most Southeasterly corner of Lot 134 of Halecrest Estates Unit ~ A" according to Map thereof No. 4339, filed in the Office of the County Recorder of San Diego County, said point being on the Westerly Right-of-way of Halecrest Drive as dedicated on said Map No. 4339; thence leaving said Southeasterly corner along said Westerly Right-of-way South 16'31'18" West (South 16'08'30" West record) 111.27 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly Right-of-way South 16°31'18" West 13.03 feet to the beginning of a tangent 20.00 foot radius curve concave Northwesterly; thence continuing along said Westerly Right-of-way Southwesterly along said curve through a central angle of 86'58'2.4" an arc distance of 30.36 feet (Delta = 87'01'18" Length = 30.38 feet record) to the Northerly Right-of-way of Telegraph Canyon Road as described in deed to the County of San Diego, 'recorded August 13, 1957, in Book 6705, Page 57, of Official Records, being a point on the arc of a reverse 3250.00 foot radius curve concave Southwesterly; thence leaving said Westerly Right-of-way along said Northerly Right-of-way of Telegraph Canyon Road, and Northwesterly along said 3250.00 foot radius .curve through a central angle of 01°14'42" an arc distance of 101.82 feet to the Northeasterly boundary of California State Highway X1-SD-805 as described in deed to the State of California, recorded July 28, 1967, as file No. 110801; thence along said Northeasterly boundary North 28'14'40" West (North 27'13'29" West record) 18.25 feet; thence leaving said Northeasterly boundary South 76'53'40" East 114.55 feet to the beginning of a tangent 20.00 foot radius curve concave Northwesterlr,thence Northeasterly along said curve thrcug~ a central angle of 86'28'45~ an arc distance of 30.19 feet to the TRUE POINT OF .- BEGINNING. - Containing 0.038 acres. . - - -t:Ø!/þ$ /1-/2-ð3 Robert G. 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'.., ""- ~Øi N · z 9-11 .- ATIACHMENT 2- ADDENDUM TO FlNAL MITIGATED NEGATIVE DECLARATION IS-02-35 TELEGRAPH CANYON ROAD WIDENING PROJECT NAME: Telegraph Canyon Road Widening PROJECT LOCATION: Telegraph Canyon Road Westbound, From the 1-805 Northbound On-Ramp and to a Point Approximately 1,000 Feet East of Halecrest Drive PROJECT APPLICANT: City of Chula Vista Engineering Division CASE NO: IS-02-35 DATE: September 15, 2004 I. BACKGROUND Pursuant to the California Environmental Quality Act (CEQA) (State of California Public Resources Code Sections 21000 - 21178), Final Mitigated Negative Declaration (MND) IS-02- 35 was prepared for the Telegraph Canyon Road Widening project. This project consists of the addition of a fourth westbound lane from the 1-805 northbound on-ramp to a point approximately 1,000 east of Halecrest Drive, in the City ofChula Vista. Final MND IS-02-35 was adopted by the Chula Vista City Council on September 17, 2002. Subsequent to the adoption of Final MND IS-02-35, detailed engineering design of the project has progressed, resulting in minor modifications to the original design, as described below. II. CEQA REQUIREMENTS Public Resources Code Section 21166 addresses the preparation of a subsequent environmental impact report when an environmental document has been prepared for a project and the prohibition to require a subsequent or supplemental environmental impact report unless specific events have occurred. Public Resources Code Section 21166 forms the basis LOr m" following excerpt from Section 15162 of the State CEQA Guidelines: (a) When an EIR has been certified or negative declaration adopted for a projecl, '1.0 subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (I) Substantial changes are proposed in the project which will require major revisions ofthe previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Addendum to Final MND IS-02-35 9-t12 "" ....__ ,..·u__··_._..·._ -- - -,-_..._-_.._._.~---_._,,-_._...~-_......._...- (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; · (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the proj ect proponents decline to adopt the · mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. Pursuant to Section 15164 of the State CEQA Guidelines, an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary and none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or · negative declaration have occurred. III. ANALYSIS Proiect Design Modifications Subsequent to the adoption of Final MND IS-02-35, detailed engineering design of the project has progressed, resulting in minor proposed design modifications as shown in Figures I (Original Roadway Design) and 2 (Proposed Roadway Design). Compared to the original design, three of Addendum to Final MND IS-02-35 · 9t13 ;'. .. "~ I' I I¡ ¡. . " , h ~ Î¡ ~í --; m .-- m 0(;) ;:o~ (;)""0 -I Zn »» .--z ;:0-< 00 » oZ i ' ~;:o ~~ : 00 m~ C/)_ (;)0 Zm Z Z (;) ."."'0' .'-, , \, \". 'i' I . I ._"~#"'.".' --~~ i/l.';. .- :." - . .,'1" I.=c'~,·.. .. =/ ~~,:~N - FJ /¡JÍi., ï1 z ~ 0. _ r""\ -< í ... ~ / ~J -< '~.. I__ v z ,'. CO ~. ._. ii-' c.n _~ .... , ! ;;tJ n m ~ --' 9-14 , 1. .' , ,,'/ Ii' ~ ,<>/ (¡I ",/ ,,/ . ./ ~ ' I, , hi !I ! - m r- m -CG) ;;;o~ 0-c QI C/)() m» °z ;;;0-< 00 »z 0;;;0 , ~o! -<»1 00 , m~ C/) _ -0 G)m Zz z G) ï1 z G> ~ c õ ~ . F'" z V> ;;;c Q m hi I'V the four westbound lanes immediately east of Hale crest Drive along the Union 76 gas station property frontage are proposed to be reduced in width slightly, from between 12 and 14 feet to between 11 and 13 feet. The westbound 5- foot wide bike lane terminating at the western shopping center driveway under the original design is proposed to terminate at the middle shopping center driveway and to become a bike route west of that point. Compared with the original design, the width of the curb lane between the middle and western shopping center driveways is proposed to increase from 11 to 12 feet. In addition, minor modifications are proposed to the design ofthe raised median immediately east of Halecrest Drive that would shift the northem limit of the median by up to 2 feet to the south. With these proposed design modifications, the curb Jines to the east and west of the western shopping center driveway would be aligned with no offset. Right-Of-Wav Acquisition Under the original design analyzed in MND IS-02-35, it would have been necessary to acquire additional right-of-way from the two gas station properties along the north side of Telegraph Canyon Road immediately east (Union 76) and west (Arco) of Halecrest Drive. Under the proposed design, the acquisition of additional right-of-way from the Union 76 gas station property would no longer be necessary. The proposed design modifications would have no effect upon the amount of right-of-way that would need to be acquired from the Arco gas station property. Transportation/Traffic Hazards As discussed in Section 5.15.d ofMND IS-02-35, the Uniform Fire Code requires that gas pumps be located not less than 10 feet from the public street right-of-way. Under the original design, all existing gas pumps at the two project area gas stations would have been located at least 12 feet from the proposed Telegraph Canyon Road right-of-way boundary. The proposed design would not result in any changes to the proposed right-of-way boundary fronting the Arco gas station property; therefore, no change in the proposed gas pump/right-of-way separation would result. Because the existing right-of-way boundary fronting the Union 76 gas station would be retained under the proposed design, the project would have no effect upon this station's existing gas pump/right-of-way separation. The proposed design complies with the gas pump/right-of-way separation requirements of the Uniform Fire Code. Traffic Safety Vehicle collision history for the roadway segment affected by the proposed design modifications was reviewed by the City Engineer for the six-year period from January I, 1998, through December 31, 2003. Based upon this review, it has been determined that the accident rate for this segment is lower than the statewide average for similar roadways and it is not anticipated that the proposed design will increase the accident rate to a level above the statewide average (Chula Vista City Engineer's Memorandum 2004). Addendum to Final MND IS-02-35 93-16 "'_.._..,~- -_._~ "-.---- -----~._-- _._.~---------~._- The proposed design meets the City's design standards and acceptable practices for developed areas (Chula Vista City Engineer's Memorandum 2004). The proposed design has been reviewed and approved by the California Department of Transportation (Caltrans). The proposed reduced lane widths range between II and 13 feet; lanes of less than 12 feet in width have been constructed in a number oflocations throughout the City, including segments of Telegraph Canyon Road eastbound lanes east ofI-805. Other locations within Chula Vista · where lanes ofless than 12 feet in width have been constructed include segments of Bonita Road, Otay Lakes Road, Fourth Avenue, H Street, and Broadway. Where lanes less than 12 feet in width have been constructed in Chula Vista, the accident rates for these roadway segments are lower than the statewide rates for similar roadways; therefore, the City Engineer has determined that no safety issue would result from implementing the proposed design (Chula Vista City Engineer's Memorandum 2004). Other Issues Potentially significant air quality, biological resources, hazards and hazardous materials impacts were identified in previously adopted MND IS-02-35, all of which were found to be mitigated to · below a level of significance through the adoption of the associated Mitigation Monitoring and Reporting Program. In addition, potential noise impacts of the project are addressed below. Biological Resources Potentially significant impacts to nesting raptors due to the removal of mature eucalyptus trees were identified in MND IS-02-35; those impacts will be mitigated to below a level of significance as set forth in the Mitigation Monitoring and Reporting Program. The proposed design would not result in the removal of any additional trees beyond those anticipated to be removed under the original design as analyzed in MND IS-02-35. Therefore, the proposed · design would not result in new or more severe potentially significant impacts to nesting raptors. Hazardous Materials Potentially significant hazardous materials impacts associated with the potential disturbance of contaminated soils on the Arco and Union 76 gas station properties were identified in MND IS- 02-35. To mitigate this impact to below a level of significance, the preparation and implementation of a work plan and a health and safety plan will be required prior to and during construction within the existing gas station property boundaries as set forth in the Mitigation Monitoring and Reporting Program. Compared to the original desi;;n, the proposed design · would not affect any additional area within the Arco gas station property and would reduce the area of disturbance within the Union 76 gas station property. Therefore, the proposed design would not result in new or more severe potentially significant hazardous materials impacts. Noise Since the time that MND IS-02-35 was adopted traffic volumes within the project area have increased slightly, and the City has approved Agreements for Monitoring of Building Permits ("Monitoring Agreements") with several master developers for development in the Eastern Addendum to Final MND IS-02-35 · 9"417 Territories prior to the completion of SR-125 that change the assumptions regarding the short- term distribution of future traffic. Prior to the approval ofthe Monitoring Agreements, caps were placed on the numbers of housing units that could be constructed within certain eastern Chula Vista master planned communities prior to the completion ofSR-125. The Monitoring Agreements permit the construction of 1,300 previously approved housing units within these master planned communities to be constructed following the proposed widening of Telegraph Canyon Road. This shift in construction phasing was approved because the additional roadway capacity that would be created by the additional lane would be sufficient to accommodate the additional vehicular traffic generated by the 1,300 housing units (LLG 2003). The shift in construction phasing would result in an increase in the volume of traffic on certain eastem Chula Vista roadways, including Telegraph Canyon Road, above previous traffic volume projections that were based upon the construction of these housing units following the completion ofSR-125. These 1,300 housing units would generate a traffic volume of approximately 12,090 average daily traffic (ADT) based on a combined (single family and multi-family dwelling units) trip generation rate of9.3 trips per dwelling unit (LLG 2003). This traffic would be distributed to Telegraph Canyon Road as well as other eastern Chula Vista roadways. However, for the purposes of conducting a worst-case analysis for this Addendum, it was assumed that 100 percent of the traffic generated by these 1,300 housing units would be distributed to Telegraph Canyon Road. Traffic noise can increase as a result of several factors including increased traffic volumes, speed, changes to the roadway grade or changes to the distance between roadways and receivers. The only change along Telegraph Canyon Road as a result of the additional lane would be an increase in traffic volume caused by other projects. Therefore, the noise level increase associated with the additional lane was evaluated based on the potential traffic volume increase. As compared to existing noise levels, noise levels are projected to increase by approximately one decibel (dB) along Telegraph Canyon Road due to the increase in traffic volume associated with the proposed additional lane (Dudek & Associates 2004). A plus or minus one dB change is typically within the tolerance limit of traffic noise prediction models. In community noise assessments, a one dB increase is not noticeable to the human ear. A noise level increase ofless than three dB, considered to be a barely perceptible change, is generally considered to be a less than significant change. Following the completion ofSR-125, anticipated in late 2006, traffic volumes on Telegraph Canyon Road within the project area are projected to decrease (LLG 2002); therefore, the increase in noise levels attributable to the additional lane would be a short- term, temporary increase until the completion of SR-125. Dt:p. to the projected nominal noise level increase and the short-term, temporary nature of the increased noise conditions, the projected noise level increase of approximately one dB associated with the proposed road widening is considered less than significant. Air Quality Significant short-term air quality impacts during construction were identified in MND IS-02-35; those impacts will be mitigated to below a level of significance as set forth in the Mitigation Monitoring and Reporting Program. The proposed design would not expand the limits of Addendum to Final MND IS-02-35 95-18 ------..------,'------- _ _ ..~-,---~--_......._-_._.,_. ... --"--"-'.-'..---" construction or result in changes to the method of construction. Therefore, the proposed design would not result in new or more severe short-term air quality impacts during construction beyond those identified in MND IS-02-035. As described above, the City has approved Monitoring Agreements for development in the Eastern Territories prior to the completion ofSR-125 that change the assumptions regarding the short-term distribution of future traffic. Because the development of the 1,300 housing units tied to the completion of the proposed widening of Telegraph Canyon Road is consistent with the adopted Chula Vista General Plan and, therefore, with the adopted San Diego Regional Air Quality Strategy, vehicular emissions associated with these 1,300 housing units would not result in a significant regional air quality impact. In addition, because the additional roadway capacity that would be created by the proposed additional lane would be sufficient to accommodate the additional vehicular traffic generated by these 1,300 housing units (LLG 2003), no significant increase in local traffic congestion and related localized air quality impacts would result from this shift in construction phasing. Furthermore, the insignificant increase in vehicular air emissions along Telegraph Canyon Road would be a short-term, temporary increase due to the fact that traffic volumes on Telegraph Canyon Road within the project area are projected to decrease following the completion ofSR-125, anticipated in late 2006 (LLG 2002). Mitigation Measures Because no new or more severe environmental impacts would result from the proposed design beyond those identified in MND IS-02-035, no new mitigation measures or modifications to the mitigation measures contained in Final MND IS-02-035 are required. IV. CONCLUSION This addendum identifies the minor proposed design modifications to the Telegraph Canyon Road widening project proposed subsequent to the adoption of Final MND IS-02-35, and describes the City's reasoned conclusion that pursuant to CEQA Guidelines Section 15162 the preparation of a subsequent negative declaration, mitigated negative declaration, or EIR is not required. This conclusion is based upon the administrative record, including MND IS-02-35, the Mitigation Monitoring and Reporting Program, this Addendum and the references cited herein, and the following findings: (I) No substantial changes are proposed in the project which will require major revisions of the previous mitigated negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous mitigated negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and Addendum to Final MND IS-02-35 96-19 (3) No new information of substantial importance, which was not known and could not have been known with the exercise ofreasonable diligence at the time the previous mitigated negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous mitigated negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous mitigated negative declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proj ect, but the proj ect proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous mitigated negative declaration would substantially reduce one or more significant effects on the environment, but the proj ect proponents decline to adopt the mitigation measure or alternative. Therefore, in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Section 15164, this addendum to Final MND IS-02-35 has been prepared to address the proposed minor design modifications to the Telegraph Canyon Road Widening project. ~~!O~~ ' Marilyn . F. Ponseggi Environmental Review Coordinator References: Chula Vista City Engineer's Memorandl'm 2004. Memorandumfrom Alex Al-Agha, City Engineer, to Ann Moor", City Attor1Jtry, ,al).ª George Krempl, Assistant City Manager, Subject: Telegraph Canyon Road Design Modificàtions, September 14, 2004. Dudek & Associates 2004. Telegraph Canyon Road (Halecrest Drive to Paseo Ranchero) Supplemental Noise Assessment, July 28, 2004. Linscott Law & Greenspan (LLG) 2002. Traffic Impact Analysis, Otay Ranch Planning Area 12, Chula Vista, California, November 13, 2002. Linscott Law & Greenspan (LLG) 2003. Eastern Territories Traffic Capacity Analysis, April 10, 2003, Addendum to Final MND IS-02-35 9~20 ._"._._~. - -------,- em OF CHUlA VISTA ENGINEERING DIVISION MEMORANDUM September 14, 2004 File # CY-I02 TO: Ann Moore, City Attomey George Krempl, Assistant City Manager FROM: Alex AI-Agha, City Engineer flY SUBJECT: Telegraph Canyon Road Design Modifications This memorandum is to specifically address the safety issues regarding the proposed modifications to the Telegraph Canyon Road design (proposed design) addressed in Mitigated ..- Negative Declaration IS-02-035 (original design) raised in the April 22, 2004 letter from Mr. Raed Bisharat and the unsigned traffic report from Darnell & Associates dated April 21, 2004, which addressed interim design modifications that are no longer under consideration. This memorandum addresses the traffic safety issues associated with the proposed design. Telegraph Canyon Road is a six-lane roadway between 1-805 northbound ramps and Crest Drive/Oleander Avenue divided by a raised median. Currently there are three lanes eastbound and three lanes westbound. The existing roadway consists ofthree westbound lanes: one through lane; one shared through/right lane, and one right-turn only lane at the northbound 1-805 ramps. The westbound bike lane terminates at the westerly Canyon Plaza Shopping Center driveway. Both the original and proposed designs would add a westbound lane by widening the north side of the roadway between the northbound 1-805 ramps and a point west of Crest Drive/Oleander A venue. The original design proposed to retain the existing bike lane; the proposed design would terminate the bike lane at the mid-block traffic signal approach at the main shopping center entrance and continue the bicycle facility westerly as a bike route. Design Safety The Darnell & Associates report states that the curb offset that was part of the interim design resulted in a safety issue. Due to thê'changes in the design subsequent to the Darnell report, this is no longer an issue since the proposed desIgn does not create a curb offset within the approach to the UNOCAL site. Another safety issue raised by the Darnell & Associates report relates to the consistency between the proposed lane widths to the City's design standards. All of the proposed lanes meet the City's design standards and acceptable practices for developed areas. The accident rates for Telegraph Canyon Road within the project limits are below the expected accident rates for similar roadways within the State of California: Nacion Avenue to Halecrest Drive 1.35 almVID compared to 3.35 for the statewide rate. Halecrest Drive to Crest Drive 1.42 almVID compared to 3.05 for the statewide rate. 9-21 Telegraph Canyon Road Design -2- SEPTEMBER 14, 2004 A review of the collision history for the 6-year period from January 1, 1998 through December 31,2003 shows that there was eight reported collisions within the proposed revised project area. Six of these were rear-end collisions, one was due to an improper lane change and one was due to a driver falling asleep and striking a wooden utility pole. Telegraph Canyon Road within the project limits has an accident rate lower than the statewide average for similar roadways and it is not anticipated that the changes proposed will increase the accident rate to a rate higher than the statewide average. Attached is a summary of thirteen (13) other locations within the City where lane widths are less than 12 feet and their respective accident rates, which are lower than the statewide rates. Therefore, no safety issue would be compromised as demonstrated by the accident history for this area that currently has similar lane widths to the proposed design. Street Dedication Per Resolution 15640 for the approval of the Sunbow II project, one of the facilities in the Tentative Map Conditions was to widen the north side of Telegraph Canyon Road from 1-805 northbound on-ramp to a point east of Halecrest Drive to provide a fourth westbound lane. It should be noted that the two gasoline stations and the shopping center were already existing by the time of project approval on May 22,1990. The 7-foot UNOCAL dedication on October 18, 1995 was for 4-lanes at a reduced street cross section due to the existing development along the project limits. Pump Island Aisle Width As the project was originally designed, the UNOCAL southerly pump island aisle width was to be 14- feet in width from the pump barrier posts to the southerly property line. The barrier posts are approximately I-foot away from the gas pumps. Discussion with the property owner over the original design revealed that he preferred that the existing 18- foot aisle width be maintained due to the need to provide a pass-through lane. The design was subsequently modified to the current project design so that the 18-foot aisle width, barrier posts and gasoline pumps remain in place with no modifications or relocation needed. The Darnell & Associates report concludes with a recommendation for a minimum of 12-feet for an aisle width and a 3-foot wide planter area. Both the 12-foot aisle width and 3-foot planter area can be implemented if the property owner would accept a 12-foot aisle width for fueling and no pass-through lane, Thus, there would remain an additional 3-feet for whatever the property owner desires to do, such as additional landscaping, a railing and/or aisle width adjustment. The Uniform Fire Code requires gasoline dispensers to be located a minimum of 10-feet from the property line. The project as revised proposes to maintain at least 19-feet from the property line to the fuel dispensers. Attachment: Lane Widths vs. 3-Year Accident Rates J :IEngineer\ADVPLAN\ Traffic EnhancementslCY I 02projectinf091404 .doc 9-22 _____, - -~----- -----_._---~~---_._.,.~_.. Lane Widths vs 3-Year Accident Rates Street Direction Accident #1 #3 Rate Otay Lakes Road (100 Block) North 11' 11' - 1.69 Bonita Rd - Allen School Ln South 11' 11' - 27' "H" Street (100 & 200 Block) East & First Av - Third Av 10' 10' - 0.00" West (Striping revised 09/2004) Broadway (500 Block) North 12' 16' - . Otis St - "H" St 2.79 South 10' 10' 9' (RT) North 11' 11' 9' (RT) Just South of "H" St South 12' 16' - 1.38 North 12' '22' - "H"Stto""St South 12' '22' - Third Avenue (1500 Block) North & 10' 10' 0.76 - Orange Av - Anita St South East "H" St (1400 Block) East & 12' 12' 12' 1.21 Buena Vista Wy - SWC Driveway West "E" Street (100 Block) East & 11' '19' 1.74 - First Av - Second Av West · "L" Street (400 Block) Fourth Av - Fifth Av Palomar Street (500 Block) Fifth Av - Orange Av East & 11 ' 15' 0.53 - West --_. Orange Av· Broadway East 11 ' 11 ' - 1.27 West 10' 10' - East Palomar Street (1300 Block) East & 0.31 · Monarche Drive East - West West Brandywine Avenue (1400 Block) North 0.00 . Rivera St - Olympic Pw South . Includes on-street parking. ., Reported accident rate since 09/2004. .., One-year statewide accident rate. · J:\\EngineeMdvPlan\CY~102 Unocal Telegraph Canyon Road\Lan'9~i2~ vs Accident Rates.xls ImIiID Engineering, Planning, Corporate Office: Environmental Sciences and 605 Third Street & ASSOCIATES, INC. 760.942.5147 Professio1l.al ream! for Compla Projects ~anage1l1entSe1Vices Encinitas, California 92024 Fax 760.632.0164 July 28, 2004 3202-01 Mr. Paul Hellman City of Chula Vista 430 F Street Chula Vista, CA 91910 RE: Telegraph Canyon Road (Hale crest Drive to Paseo Ranchero) Supplemental Noise Assessment Dear Mr. Hellman: This report contains our assessment of the future traffic noise level increase based on updated traffic volumes within the study area. Background In September, 2002, the City of Chula Vista adopted a Mitigated Negative Declaration (MND) that analyzed the addition of a fourth westbound lane and associated improvements along the segment of Telegraph Canyon Road from a location immediately east of 1-805 to approximately 1,000 feet east of Halecrest Drive. Part of the improvements are complete. However, the City has modified the design of the improvements in the westemmost segment of the project area, and thus has determined that an Addendum should be prepared as the appropriate CEQA documentation to address the modifications. Since the time that the MND was adopted traffic volumes within the project area have increased slightly, and the City has approved Monitoring Agreements fO! dev~10pments in the Eastern Territories prior to the completion of SR-125 that change tbe Hs:urnptions regarding short-term distribution of future traffic. The Monitoring AgreeIr~nts permit the construction of an additional 1,300 housing units following the widening of Telegraph Canyon Road which would' contribute traffic to the portion of the city street network that includes Telegraph Canyon Road. These additional units would generate a traffic volume of approximately 12,090 average daily traffic (ADT) based on a combined (single family and multi-family) trip generation rate of 9.3 trips per household (LLG 2003). This traffic would be distributed to Telegraph Canyon Road as well as other eastern Chula Vista roadways. However, for the purposes of this analysis it is assumed worst-case that 100% of the traffic would be distributed to Telegraph Canyon Road. 9-24 ---- ----.-..--.-, ---~.,~.~"-_.__.--~--_.._-,.- Mr. Paul Hellman Re: Telegraph Canyon Road (Halecrest Drive to Paseo Ranchero) Supplemental Noise Assessment Traffic noise can increase as a result of several factors including increased traffic volumes, speed, changes to the roadway grade or changes to the distance between roadways and receivers. The only change along Telegraph Canyon Road as a result of the proposed action would be additional traffic volume. Therefore, the noise level increase associated with the proposed action is evaluated based on the potentia] traffic volume increase. The noise level increase in terms of the Community Noise Equivalent Level (CNEL) for Telegraph Canyon Road was detennined based on the existing ADT volume by the proposed action. As compared to the existing noise level, the existing plus proposed action noise level would increase by approximately one dB along Telegraph Canyon Road. A plus or minus one dB change is typically within the tolerance limit of traffic noise prediction models. In community noise assessments a one dB increase is not noticeable to the human ear. A noise level increase of up to three dB is generally considered less than significant. Typically, a three dB change in community noise is considered a just-noticeable difference. The noise level increase associated with the proposed action, shown in Table 1, is considered less than significant. TABLE 1 NOISE LEVEL INCREASE ASSOCIATED WITH PROPOSED ACTION Traffic CNEL Noise Level Contributed Existing Plus Increase due to Existing by Proposed Proposed Proposed Action Location (ADT) Action (ADT) Action (ADT) 1 (dB)' ""elegraph Canyon Road Halecrest Drive to Oleander Avenue 64,060 12,090 76,150 +0.8 Oleandel A~enu6 to Paseo del Rey 60,008 12,090 72,098 +0.8 Paseo Llel Rey to Medical Center Drive 54,236 12,090 66,326 +0.9 Paseo Ladera to Paseo Ranchero 44,934 12,090 57,024 +1.0 SOURCE: 1 City of Chula Vista 2004, based on year 2002 traffic counts. 2 LLG 2003 , Assumes 100% of the additional traffic related to the proposed action (generated by 1,300 units) witt be distributed onto Telegraph Canyon Road. 2 The noise levels in the table are rounded to the nearest one-tenth of a dB which is beyond the accuracy limits of traffic noise models. However, these values are shown for comparison purposes. 3202-01 128/2004 2 Pn.fariotwdT.......¡..,C""'Þk<~ 9-25 Mr. Paul Hellman Re: Telegraph Canyon Road (Halecrest Drive to Paseo Ranchero) Supplemental Noise Assessment This concludes our noise assessment. If you have any questions, please caJl me. Very truly yours, DUDEK & ASSOCIATES, INC. -?'/ ,/¡ ~ Mike Komula Acoustician REFERENCES City of Chula Vista, July 8, 2004. Communication Regarding Year 2002 Traffic Counts from Alex Al-Agha City Engineer. Linscott Law & Greenspan (LLG), April 10, 2003. Eastern Territories Traffic Capacity Analysis. 3202-01 3 Pn.¡...Km..JT..,....fvrCOfl\>IcrProí«U 9-26 - "---~-'---"'--'---+ -- -- - --- -- - _.~-~-~,-_._--------_._-- ] ATTACHMENT ~3 Ruording requmed I1y and 16 4 3 SAH DIEGO COUNTY R£CORDER' 5 OfFICE please rsum to: GREGORY SmH, æuHTY RECORDER FEES: O. 00 City Clerk City of ChuIa VisIa P.O. Box 1081 ChuIa VISta, CA 91912 This Instrummt bt!1lqw ~tot ~h. -":-0 fp#!l. """"H;..,::J '-'oJ' ""J' "'~J"~ ."",_.... I .. (This space for ~ordo's use, only) .. APN(s) 639-080-21 C.V. Filè No. PF-233 EASEMENT FOR DRAINAGE PURPOSES FOR A V ALU ABLE CONSIDERATION, m:e.ipt of which is hereby ackDowledged, Print Namc(s) Shell Oil Company, A Del"ware Corporation hereby grmt(s) to !he CITY OF CHULA VISTA, a IDIIIIicipal COIpOratiDD, in the County of San Diego, State of California, m ea....."¡ aiId .ri¡ht of way for, aIÌd the right to CODStIIICt, mS¡"lJIin. operate, replacc, .R:IDavc or enlarge a drain sewer aDd appunenam str1K.1>IICS in, apon, over and across tbar UrtWl tal jB;ope1ty sitlUlted m aid City of Chula Vista aD4 more pardcuJarly d.escr.bcd as follows: SEE EXHIBITS "A" /;, "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HERE OF. Together with !he rl¡hr to emer upon and to pass and repass over and aI(1Ig said essemem aø1 right of way aD4 to ÛI:p05it tools, Unpi_ lUll "iW;r JDaIClial¡¡ thcreoJJ by ¡¡I':'¡ CU, "r o.-.w. -yj,,¡,., iblufñccn, aa~""'¡ .....,Iu¡rces ami by my I:OIIInCtor, his a¡e1ltS ami employees engaged by said City, wbcœvcr IIId w~ 1IC"-'1 for the purposes set forth above. ~ SJgDCdtbis 11th. day of \.J u.s..¡- , 19.:tf ....caOCllWlf -. (í- -~ R.F. Dunphy \ Æ-Lt (~ t<-JL ¡t~ R .Jj. ~ r nnie R. DeMund (N '-'--wl~ _--. otary """"" rent '"'1,__ . MAN PI ..11'I COAP~ - This is to certify thDl 1M intemt in rml propmy r:onveytd I. i7\It!mIIIt!1Itl "'~~, """" __".. _.... a. "". m 1M. ~~ authorltyCOlferrtd byRÐoluiitmNo. 15645 of said Coundlodopttd on J_ 5.1990. and 1M ptJIItæ(s) consØlt(s) to tM r«ortlatWlJ tMm1/ I1y Ù3 duly tlIIthoriud oJJiCt!T. BEVERLY A. AUTHELET, CITY CLERX By: Date: . 9-27 -- ~.__.- -,--.._."-","-----_..,~--"_._--_._._,---,..,._--_._._-_.'.--. 1644 EXHIBIT "A" DRAINAGE EASEMENT ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF QUARTER SECTION 88 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN · TIIE OFFICE OF THE COUNTY RECORDER..OF SAID COUNTY DESCRIBED AS FOLLOWS: COMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF HALECREST DRIVE AS SHOWN ON HALECREST ESTATES UNIT A, ACCORDING TO MAP THEREOF NO. 4339, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITII THE NORTHERLY LINE OF TELEGRAPH CANYON ROAD; THENCE ALONG SAID NORTHERLY LINE, EASTERLY ALONG THE ARC OF A 3250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THROUGH A CENTRAL ANGLE OF 00°52'37", AN ARC LENGTH OF 49.74 FEET; THENCE TANGENT TO SAID CURVE SOUTH 73°29'48" EAST 80.10 FEET; THENCE LEA VING SAID NORTHERLY LINE, · NORTH 16°30' 12" EAST 7.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16°30' t 2" EAST 20.48 FEET; THENCE SOUTH 88° 10'02" WEST 5.50 FEET TO A LINE PARALLEL WITIIAND DTSTANT25.72 FEET NORTHERLY OF SAID NORTHERLY LINE OF TELEGRAPH CANYON ROAD; THENCE ALONG SAID PARALLEL LINE NORTH 73°29'48" WEST 85.47 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 56°08'58" WEST 35.82 FEET; THENCE NORTII 73°29'48"WEST 25.27 FEET TO POINT IN SAID EASTERLY LINE OF HALCREST DRIVE; THENCE ALONG SAID EASTERLY LINE, SOUTH 16D29'32" WEST 9.82 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°51 '50" A DISTANCE OF 31.72 FEET TO A REVERSE CURVE, · CONCAVE SOUTHERLY, HAVING A RADIUS OF 3257.00 FEET; THENCE EASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE. OF 00°52'30", AN ARC LENGTH OF 49.75 FEET TO A LINE PARALLEL WITII AND DISTANT 7.00 FEET NORTHERLY OF SAID NORTHERLY LINE OF TELEGRAPH CANYON ROAD; THENCE ALONG SAID PARALLEL LINE TANGENT TO SAID CURVE NORTH 73°29'48" WEST 80.10 FEET TO THE TRUE POINT OF BEGINNING. THE HEREIN ABOVE DESCRIBED PARCEL IS SHOWN ON A SKETCH TITLED EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. · 9-28 IN./Þ. Pr:·1;¡ · 1645 THE STATE OF TEXAS ON THIS 11TH DAY OF AUGUST, 1995, BEFORE ME. L. C. JONES, A NOTARY PUBLIC IN AND FOR SAID STATE RESIDING TIffiREIN, DULY .... COMMISSIONED AND SWORN. PERSONALLY APPEARED R G. ASTOR, KNOWN TO ME TO BE THE MANAGER, BUSINESS AND PLANNING, CORPORATE REAL ESTATE, OF SHELL SERVICES COMPANY, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. ~ MH524802.WPD 9-29 ~...,..,·._,..____._____.__.,_..,.,.._._.·w,_____,__·,__._______. 1646 EXHIBIT B: ADDITIONAL RIGHT-OF-WAY DEDICATION '" LEGEND: I 'it . ~ . ~ I ~ _ INDICATES RIGHT-Of-WAY -z. I <Q ~ DEDIC¡\TION ~ ~I- .: tN7''¡;'M'~'¡;Sã~ ~ ~ - ~ ~ ~~ · m.'.,,'.!' - ~ [5'''7 --1 I I I 50.00' R/W I : I w ~1 I~ I > idl"i 'Ii g¡ S!i§1 . :: I Ü) ~ I~ w ~~ I ~ ~I ~R ¡j i"r I~ I .....J !,¡¡ \!¡! I'll I:õi: I~ 4: ~ ~ ~ I "i I ~.... _ ~ ~ ~ "'I I~ --1-' + ~, : ~ ~ 2f ~I ~I~ , ~ ~ I <0 " I ~I ~I Q.' " I ~I' . ~ þ~iTELEGRAPH CA~YON ROAD ~ ~ I CI:' I I RI'" L : :. ~I L = 71.08' _ J _ _ ---Ç- _ ----J.- _ 80./0.'_ --~-- 6.:: Ws9-- ~ -:. J200.00· L = /20.06' N 7J'29'-#]' W , EXHIBIT "8' 7'Art' cI ~'ii'm 8fMC. 1 OF 1 ADDITIONAL RIGKT-OF-W,o,y DEDIC,o,TlON 3556 RUffiN Ro,o,¡) STE. 230 9 1 - 9-30 1647 This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acçepted by Beverly A. Authelet, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee consents to the recordation thereof by its duly authorized officer. .." BEVERLY A. AUTHELET CITY CLERK BY~~"~ Dated: \~\ö\c...¿ 9-31 '_',_"_'___'U'.._·,"_ . --"'--""'-..'- ..-.. ..__.__._--~~----~_._---- ATIACHMENi {- . . RESOLUTION NO. PCC-94-47 .. RESOLUTION OF TIlE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-94-47 FOR TIlE ADDmON OF A SELF-SERVE CAR WASH TO TIlE EXISTING SERVICE STATION LOCATED AT 501 TELEGRAPH CANYON ROAD WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on June 2, 1994 by Mark Hayden for Shell Oil Company; and WHEREAS, said application requests approval of a conditional use permit to construct a self-service car wash for the existing service station located at 501 Telegraph Canyon Road in the C-C-D zoning district; and WHEREAS, the EnviromÌ1ental Review Coordinator has conducted an Initial Study (lS-94-27) of potential environmental impacts associated with the implementation of the project and based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-94-27; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within an area greater than 500 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 26, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, TIlEREFORE, BE IT RESOLVED THAT TIlE PLANNING COMMISSION does hereby fmd, determine, resolve, and order as follows: 1. Adoption of Negative Declaration. That the project will have no significant environmental impacts and adopts the Negative Declaration issued on IS-94-27. n. CUP Findings. That the Commission makes the findings required by the City's roles and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contnöute to the general wen being of the neighborhood or the community. 9-32 ~,_.-.-.,.,--_._--,--_."--_.,._._.__._.._-~._.- The proposed car wash will provide a convenient service to residents in the area as well as motorists by providing an accessible facility along a major thoroughfare. B. That such use will not under the circumstances. of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity . The proposed use, as conditioned, will not adversely affect on- or off-site circulation and has been found to comply with City noise standards· C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable codes, conditions, and regulations prior to the issuance of development permits, and on a continuing basis thereafter. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. D. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The approval of this pennit as conditioned is consistent with City policies and the General Plan. m. Conditional Grant of Permit; Conditions. The Planning Commission hereby grants conditional use permit PCC-94-47 subject to the following conditions whereby: ' A. Carwash hours of operation shall be limited to 7:00 a.m. to sunset. , . B. The applicant shall enter into an agreement with the City whereby after a six- month period, the Zoning Administrator may require that the applicant employ a City-approved Traffic Engineer to monitor and assess traffic conditions at the site. If said monitoring reveals that the site operations are creating traffic . congestion affecting either Halecrest Drive or Telegraph Canyon Road, the Zoning Administrator has the ability to require further mitigation, which may include, but need not be limited to, limiting the hours of operation of the carwash. E. The project will be subject to all requirements and conditions of approval of the Design Review Committee (DRC-94-49). 9-33 . F. An Industrial Waste permit shall be obtained with the connection of any floor drains of the car wash to the sewer system. G. Prior to the issuance of building permits, the applicant shall enter into an agreement with the City, acceptable to the City Attorney, to repair any water damage to public improvements resulting from the operation of the car wash. H. A soils study shall be submitted to the Environmental Review Coordinator for review and approval prior to the issuance of building permits. IV. Additional Terms and Provisions of Grant. A. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance , written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right! condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. B. This conditional use permit shall become void and ineffective if not· utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. V. A copy of this resolution be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of October 1994 by the following vote, to-wit: I AYES: Commissioners Ray, Fuller, Martin, Moot, Salas and Tarantino NOES: None ABSENT: Commissioner Tuchscher (excused) ~J:.~T Attest: 7~~i¢ jJ~}A" Nancy Riey, Sec tary ð (m:\homc\planning\paay\pcc9447.res) 9-34 ,---, ---"-'---+--'--'-- ------ ~ -~----_.,._,. _._.._--~ -- . '- -. - ," .',"- ..... .. - . .' ..... "." . - I ~ . . ," '- _. ~ . - -. ~ - o. .- ." ..' . . .-' .. .0 .. '.. . . . ., City Planning Commission Agenda Item for Meeting of October 26, 1994 Page 1 1. PUBUC HEARING: Conditional Use Permit PCC-94~47: reauest to add a self- service car wash to the existinl! service station located at 501 TelemlDh Canyon Road- Shell Oil Comnanv A. BACKGROUND The proposal is to add a 630 sq. .ft. self-service car wash 1I1nne1 along the northerly property line of the existing service station located at 50.1 Telegraph Canyon Road, within the CCD (Central CommerciallDesign Review) zone. The car wash is proposed in conjunction with an exterior remodel and landscape program for the existing building and site. On September 14, 1994 meeting, the pl.nning Commission took testimony on the project . and expressed concerns related to both on-and off-site circulation. The project was continued to allow the applicant time to consider solutions to these concerns, as well as to provide an opportunity for the Safety Commission to review and comment on the proposal. The Environmental Review Coordinator conducted an Initial Study, IS-92-40, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon, the Coordinator bas concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-94-27. The project was approved by the Design Review Committee on August 29, 1994 (Reference DRC-94-49). The Committee approved the project subject to conditions I relating to finish materials and signage. B. RECOMMENDATION Adopt attached Resolution PCC-94-47 approving the project based on the findings and subject to the conditions contained therein. C. DISCUSSION Adiacentzoninl! and land use Site CCD Service Station North CCP Retail Center South R3GP Multi-Family Residential East CCP Retail Center West CCD Service Station 1- I 9-35 . - . . , ,. - .. "- City Planning Commission Agenda Item for Meeting of October 26, 1994. Page 2 Existinl! site characteristics The project site is an 18,698 sq. ft. (0.48 acre) parcel at the northeast comer of Telegraph Canyon Road and Halecrest Drive, The property contains an existing service station facility, including a 1,764 sq.ft, three-bay service structure and adjoining foodmart, and two gas islands with an overhead canopy. ProDosed use The proposed project consists of the addition of a 630 sq. ft. self-serve carwash tunnel with stacking for up to five vehicles along the northerly property line (at the rear of the site). Also proposed is an exterior remodel of the existing buildings, ream¡ngement of the on-site parking to provide 7 parking spaces, and additional site landscaping along both street frontages as well as at the comer and adjacent to the parking areas. D. ANALYSIS , Carwash Reouirements Section 19.58.060 of the Municipal Code sets forth the following requirements for automobile carwash facilities: · all equipment used for the facility shall be soundproofed so thilt any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance; · hours of operation shall be from 7:00 a.m. to 11:00 p.m. imless specifically approved by the planning Commission; · vacuuming facilities shall be located to discourage the stacking of vehicles - entering the car wash area and causing traffic congestion adjacent to any areas - used for ingress or egress; · the carwash location, technology. and related drainage facilities shall be designed and constructed so as to prevent damage to pavement or other infrastructure from water from the car wash operation being carried off-site, to provide a means to collect and retain potentially toxic material, and to use recycled water· to the extent possible. } 1-06 --.-- ------------~--_. ----_.- "' City Planning Commission Agenda Item for Meeting of October 26, 1994 Page 3 Noise The site fronts on Telegraph Canyon Road, a six-lane mjor street, and is in close proximity to the Interstate 1-805 freeway. The ambient noise levels from these sources are higher than the expected noise level of the carwash. Additionally, the tunnel is oriented toward commercial areas to the west and east, and the carwash will not operate before 7:00 a.m. or after 7:00 p.m. Therefore, as refleèted in the Negative Declaration, the operation is not expected to have any signifIcant impacts. . Traffic/Site Circulation Concerns were expressed with the stacking and exiting areas provided and the potential for traffic congestion both within the site and impacting the adjacent public streets. The existing site includes automotive repair, a small food IIiart, and gas pumps; the carwash addition will intensify vehicular circulation on the site, and will create cross-patterns of ,circulation wherein vehicles both entering and exiting the carwash will be crossing the paths of cars' entering and exiting the gas service lanes. The applicant has provided information from the manufacturer of the carwash detailing the operation of the equipment and the time required to complete each wash cycle (see Exhibit" A" attached). This information shows that the equipment proposed in this case can process up to three times as many cars per hour as the equipment used at the Bonita Roadn-805 Shell, where stacking and interference with the gas services lanes have often been observed. A comparison of the current volumes of business between the project site and the Bonita Road Shell indicates the latter facility handles about twice the volume of activity as the project site. The difference in equipment, even considering 'a substantial increase in volumes, tends to support the applicant's contention that stacking and circulation should not be the same problem presented by the Bonita Road facility. (Exhibit "B"). , The applicant is continuing to ,attempt to obtain an easement and establish an exit drive - from the carwash directly east onto the driveway serving the adjoining commercial center as previously recommended by staff. As an alternative, however, the applicant has proposed several other meaSures to alleviate circulation conflicts. These include signs and striping indicating no blocking of the entry and exit drives, and a proposal to allow an independent review of site condition¡¡ after six months of operation to determine if further, measures are required, such as restricting hours or sales (see Exhlbit "CO). , , The City Traffic Engineer has reviewed on-site circulation, and has concluded that the stacking areas are adequate, and that the additional mitigation measures proposed by the applicant will facilitate internal circulation and should preclude vehicles from backing up I ~ 39~37 .. .. - .' . .- . . ..- ... .,..,. . - . , " '"... ".. . . . .- ... . ...",. . . - City Planning Commission Agenda Item for Meeting of October 26, 1994 Page 4 on either Telegraph Canyon Road or Halecrest Drive. Based upon this conclusion, staff is no longer recommending that the egress point into· the adjoining center be a requirement of approval, although it would be a desirable addition to the plan if it can be obtained. The Traffic Engineering Division has also collected information on traffic; volumes in the area of Telegraph Canyon Road and Halecrest Drive (please see attached memo). The current level of service (LOS) for the intersection of Telegraph Canyon Road and Halecrest Drive are as follows: a.m. peak period, LOS "B"; mid-day peak period, LOS "A"; and p.m. peak period, LOS "B"rC". The estimated 40 additional trips generated by the car wash would not change the current levels of service. Further, analysis of the Halecrest DrivelHale Street intersection was done; for the three peak periods of the day, this intersection operates at LOS "A", and the carWash and associated traffic will not pose a significant impact. Safety Commission Comments The Safety Commission reviewed this project at its October 13 meeting (See excerpt from draft minutes, attached). Much of the discussion related to drainage issues; it was suggested that drains and speed bumps be installed at the exit of the carwash to facilitate the drying of the car and water drainage and these have been incorporated into the plan by the applicant. Also, as a standard condition of approval for carwashes, the applicant will be required to enter into an agreement with the City to repair any water damage to public improvements resulting from the operation. With respect to traffic issues, Safety Commission members also felt that vehicle stacking was a potential problem. To address this issue, they suggested that a "No BlockingINo Stopping" sign be posted at the Halecrest Drive driveway to alert drivers not to bloCk this access point. It was also suggested that the asphalt area immediately inside the westerly - driveway be marked and striped "Do Not Block". As noted earlier, these measures have been incorporated into the plan by the applicant. En~eerin!! Comments The Engineering Department has provided the following list of items which will be required in conjunction with the building permit: 1. Procurement of a CoDStrUCtion Permit for any work performed in the public right- of-way; , 9-38 /-~ "-'-'--' _____..._ _ _Hm__. ____0_".- -- _.~_...~..,--_.._._.._-------- ---.-,.",.- - " City Planning Commission Agenda Item for Meeting of October 26, 1994 Page S 2. Payment of Sewer and Transportation Development Impact fees may be required, and will be assessed upon submittal for the building permit; 3. A seven foot wide dedication of street right-of-way along Telegraph Canyon Road; 4. Dedication of drainage easement enveloping the existing box culvert located in the southerly portion of the property; S. Owner must obtain an Encroachment Permit to allow private facilities to remain in the City's right-of-way. The permit provides an agreement between the owner and the City, placing on the owner the responsibility of maintenance and relocation (when widening occurs) of the facilities. Attachments 1. Locator and project plans 2. Planning Commission Resolunon 3. Planning Commission Minutes 4. Safety Commission Minutes S. ExIrlbit ·A· - Manufacturer's Informanon 6. Exhibit ·B" - Site Comparisons 7. Exhibit ·C" - Addinonal applicant-proposed minganon measures 8. Exlùbit "D" - Memo from Traffic Enginecriog Division 9. !ninal Srody 10. Disclosure Statement _7."" 1;~9 . · RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WIDENING PROJECT ON TELEGRAPH CANYON ROAD FROM 800 FEET WEST OF CREST DRIVE TO INTERSTATE 805 AND ADOPTING ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-02-35 WHEREAS, in connection with municipal purposes, the City of Chula Vista must acquire certain easement interests in portions of Assessor Parcel Number 639-080-22 for the construction of Telegraph Canyon Road Street Widening Project (CY-102) and appurtenances thereto ("Project"); WHEREAS, the Project was identified in the City's original Traffic Development Impact Fee (TDIF),adopted by the City Council on January 19, 1998; WHEREAS, on May 22, 1990, the City Council certified Environmental Impact Report (EIR) 88-01 in conjunction with the approval of Tentative Map CVT 90-07, which, among other things, anticipates the widening of Telegraph Canyon Road in order to provide an additional westbound lane immediately east of Interstate 805; WHEREAS, the City Council approved a TDIF update on August 20, 2002, including the widening of the north side of Telegraph Canyon Road as a project; WHEREAS, in conjunction with the approval of an agreement for the financing and construction of the widening of Telegraph Canyon Road, the City Council adopted Mitigated Negative Declaration IS-02-35 on September 17,2002; WHEREAS, Mitigated Negative Declaration IS-02-35 evaluated the potential environmental impacts associated with construction of the Proj ect; WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted Mitigated Negative Declaration IS-02-35 and that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to Mitigated Negative Declaration IS-02-35. WHEREAS, the City Council has exercised its independent review and judgment and concurs with the Environmental Review Coordinator's determination that the modifications to the Project are adequately covered in the addendum to Mitigated Negative Declaration IS-02-35, and that said document was prepared in accordance with 9-40 - _._..~._---------.~-_._'--'-~"'- ~.__.__.._._.._._._...,------- requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista has considered the addendum together with adopted Mitigated Negative Declaration IS-02- 35 prior to making a decision on the proposed Proj ect, and hereby adopts the addendum and approves the Project. Presented by: /2'" M '" f~ by, Jack Griffin y. Moore Director of General Services 9-41 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF PORTIONS OF ASSESSOR PARCEL NUMBER 639-080-22 FOR THE CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-I02) AND AUTHORIZING CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY IN THE MANNER PROVIDED BY LAW. WHEREAS, in connection with municipal purposes, the City of Chula Vista must acquire certain easement interests in portions of Assessor Parcel Number 639-080-22 for the construction of Telegraph Canyon Road Street Widening Project (CY-102) and appurtenances thereto ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the Project was covered in previously adopted Mitigated Negative Declaration IS-02-35 and that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to Mitigated Negative Declaration IS-02-35; and WHEREAS, the City Council has exercised its independent review and judgment and concurs with the Environmental Review Coordinator's determination that the modifications to the Project are adequately covered in the addendum to Mitigated Negative Declaration IS-02-35, and that said document was prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City ofChula Vista; and WHEREAS, public interest, convenience and necessity require the acquisition of the real property more particularly described and depicted in the attached Easement Deed for Street & Public Utility and Temporary Construction Easement Purposes (APN 639-080-22) and Exhibits A and B thereto for said Proj ect; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property, and the easement interests therein, is necessary for the Proj ect; and 9-42 -.-....- - "..__._...._____~.___ u"___ _,____..,____...____________~__..... WHEREAS, said real property is located entirely within the territorial limits of the City of Chula Vista; and WHEREAS, the City of Chula Vista is authorized to acquire said real property and easement interest therein, for such public use by eminent domain pursuant, inter alia, to California Constitution Article I, Section 19; California Government Code Sections 37350.5 and 40404; and California Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and WHEREAS, an offer to purchase the required interests in the real property necessary for the Project has been made to the owner of record, pursuant to Section 7267.2 of the California Government Code, which offer has not been accepted; and WHEREAS, the City ofChula Vista has provided notice to the persons designated in Section 1245.235 of the Code of Civil Procedure, and has provided all such persons a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Chula Vista finds and determines and hereby declares, by a vote of not less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the staff report and all evidence presented at the public hearing on this matter have been reviewed and considered. 3. That the public interest, convenience and necessity of the City of Chula Vista, and the inhabitants thereof, require the Project and improvements and appurtenances thereto. 4. That the proposed Project has been planned and located in a manner which will be most . compatible with the greatest public good and the least private injury. 5. That the real property, and the easement interests therein, described in said attached Deed, and Exhibits A and B thereto, are necessary for the proposed Project. 6. That an offer, as required by Section 7267.2 of the California Government Code, has been made to the owner of record of the property to be acquired, and the notice and opportunity to appear before the City Council as required by Section 1245.235 of the California Code of Civil Procedure have been given. . 7. That the City of Chula Vista, and all appropriate officers, representatives and attorneys are hereby authorized and directed to acquire the real property described and depicted in the attached Easement Deed for Street & Public Utility and Temporary Construction Easement Purposes (AP 639-080-22) and Exhibits A and B thereto, in the name of and 9-43 on behalf of the City of Chula Vista, and to that end are hereby authorized and directed to commence and prosecute actions in eminent domain for the purpose of acquiring said real property and obtain court orders for immediate possession of said property in the manner provided by law. Presented by: Appr ;):;7 Jack Griffin Y. Moore Director of General Services ty Attorney 9-44 . '----.-.-..-.-- . - -~--_.._.- , --..- ...-."_._--.,,--"...-,-~._.,,---.---~,----.--~- COUNCIL AGENDA STATEMENT Item (0 Meeting Date: 9/21/04 ITEM TITLE: Resolution Amending the FY 04-05 budget by appropriating $93,611 from the available balance of the General Fund for the remainder of the current fiscal year and approving additional staff for the Park Maintenance Section of Public Works Operations Resolution Amending the FY 04-05 budget by appropriating $84,000 from the available balance of the Public Facilities DIP Fund for equipment for the Park Maintenance Section of Public Works Operations SUBMITTED BY: Director of Public Works Operation~ REVIEWED BY: City Manager ,(j (4/5 Vote: Yes..1L. No-> On Aprilll, 2000, City Council approved the establishment of a maintenance level of staff for City parks and other property and a commensurate staff7acreage ratio for the turnover of recent and future park development and other City property. Consequently, the Parks Maintenance Section is now requesting a Parks Manager and additional staff in order to address the section's staffing needs. RECOMMENDATION: That Council: I) Adopt the Resolution amending the FY 04-05 budget by appropriating $93,611 from the available balance of the General Fund and approving the addition of one (I) Park Manager and two (2) Gardener I/II positions for Public Works Operations. 2) Adopt the Resolution amending the FY 04-05 budget by appropriating $84,000 from the available balance of the Public Facilities DIF Fund for equipment for Public Works Operations. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: Park Manager: Presently, one Parks Manager supervises all park maintenance crews, monitors water management for park irrigation systems, and conducts monthly inspections of the Chula Vista Municipal Golf Course (CVMGC). It is estimated that the Parks Manager spends approximately half his time conducting inspections, documenting related conditions, and attending meetings 10-1 _ __~_U"__~_"_'___'_""'_______"___.'_' .._._______'''''''______._.._. _.._~.__ Page 2, Item 10 Meeting Date: 9/21/04 related to CVMGC issues. In the future, he will be required to spend more staff time addressing compliance concerns with the CVMGC. Additionally, approximately 95 acres of new parks will be turned over to the City in FY 05-06. This will require supervision of additional staff to properly maintain the new parks. Impact: The increased workload of the Parks Manager has impacted the section's ability to provide the desired supervision of park maintenance crews and overseeing the water management program. As rising water costs and prolonged 'drought conditions are critical areas of concern, it is important to monitor all irrigation systems regularly. The irrigation system is a Rainbird Maxi-com water management system, which is operated from a desktop computer. It tracks water usage, mainline breaks, programs scheduling runtimes, and can be shut down during inclement weather. This system saves staff time by not requiring staff to check irrigation controllers at each park on a weekly basis since these controllers are monitored by computer. Presently, there are 18 parks utilizing this system and nine new sites will be added in the near future. The Parks Maintenance Section is requesting an additional Parks Manager to maintain the division's water management program and allow the current Parks Manager adequate time to provide the necessary inspections at the CVMGC. Estimated personnel costs are $70,8711 for the remainder of the current fiscal year and $97,2802 annually, thereafter. Supplies and services costs are estimated at $550 for the current year and annually. Approval of a pickup truck ($23,000), computer ($2,500) and radio ($3,500) are also recommended. Estimated cost is $29,000 initially, (a one-time DIF expense) and $5,900 annually for equipment maintenance ($3, I 00) and replacement ($2,800) costs. Two Gardener 1111's: On April II, 2000, City Council approved the establishment of a maintenance level of staff for City parks and other property and a commensurate staffi'acreage ratio to handle the increased workload resulting from the turnover of recent and future park development and other City property. In accordance with this staffing formula, a total of four Gardener 1111 positions should have been added during the two-year budget process for FY 03-04 and FY 04-05. However, due to budget constraints in FY 03-04, the Park Maintenance Section eliminated two Gardener I/II positions as part of the Department's overall budget cuts. As a result, Harvest Park (6.8 acres), and Santa Cora Park (5.7 acres) including Sunset View (10.0 acres), which will be turned over later this fall, will be absorbed without the addition of staff. Impact: Absorbing 22.50 acres of parklands without the addition of staff may impact the frequency of some maintenance tasks, such as mowing, edging, blowing, aerating, and fertilizing at some parks in the future. Therefore, staff recommends filling the staffing requirement with . 1 Assumes a start date of 10/01/04 at Step D and includes all benefits and salary and flex plan increases as outlined in the most recent memorandum of understanding between the City and CVEA. 2 Annual costs include a step increase at one year and include all benefits and a salary increase as outlined in the most recent memorandwn of understanding between the City and CVEA. 10-2 Page 3, Item I C) Meeting Date: 9/21/04 two (2) Gardener I/II positions this fiscal year. Estimated personnel costs are $19,2403 for the remainder of the current fiscal year and $90,0004 annually, thereafter. Supplies and services costs are estimated at $1, I 00 annually. ECluipment: Staff is requesting approval of a drill & fill machine that will be utilized to assist staff in changing the consistency of compacted soils, which are common in soccer and ball fields. This machine drills I Yz" holes up to 12" deep and fills the holes with sand, which helps alleviate drainage problems. This type of machine was utilized at Chula Vista Community Park and the results were very successful. This piece of equipment will be used primarily for new parks. This machine will not be purchased until the end of this fiscal year in order for it to be available in FY 05-06 for the turnover of new parks. The estimated cost is $55,000 (one-time DIF expenditure). Equipment life is projected to be 10 years. Staff recommends placing this equipment in the equipment replacement fund. Equipment maintenance and replacement costs are estimated at $11,000 annually. FISCAL IMPACT: The total impact to the General Fund is $93,611. Of this amount, $90,111 will be allocated for personnel, $550 for supplies and services, $1,550 for equipment maintenance, and $1,400 for equipment replacement costs. The ongoing total cost is anticipated to increase to $205,830 annually. Of this amount, $187,280 will be allocated for personnel, $1,650 for supplies and services, and $16,900 for equipment maintenance and replacement costs. Since ongoing resources have not been identified to fund these ongoing costs, approval of this action may require offsetting budget reductions in future years. The total fiscal impact to the Public Facilities Development Impact Fee Fund for the purchase of a truck, radio, computer, and drill/fill machine is $84,000 (a one-time cost). File: 0330-40-AL C:\Documents and Settings\robertb\My Documents\Bob\A113 Park Staff Request 04-QS.doc 3 Assumes a start date of 6/10/04 at Step A and includes all benefits and salary and flex plan increases as outlined in the most recent memorandum of understanding between the City and CVEA. 4 Annual costs include a step increase at one year and include all benefits and a salary increase as outlined in the most recent memorandum of understanding between the City and CVEA. 10-3 .-.---.--------.---- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 04-05 BUDGET BY APPROPRIATING $93,611 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS WHEREAS, on April 11, 2000, City Council approved the establishment of a maintenance level for City parks and other City property and a commensurate staf£'acreage ratio for the tµrnover of recent and future park development and other City property; and WHEREAS, presently, one Parks Manager supervises all park maintenance crews, monitors water management for park irrigation systems, and conducts monthly inspections of the Chula Vista Municipal Golf Course (CVMGC); and WHEREAS, there will be approximately 95 acres of new parks turned over to the City in FY 05-06, which will require supervision of additional staff to properly maintain the parks; and WHEREAS, the Parks Maintenance Section is requesting an additional Parks Manager to maintain the division's water management program and allow the current Parks Manager adequate time to provide the necessary inspections at the CVMGC; and WHEREAS, during the two-year budget process, a total of four Gardener I/II positions should have been added, however, due to budget constraints in FY 03-04, the Park Maintenance Section eliminated two Gardener I/II positions as part of the Department's overall budget cuts; and WHEREAS, the City will be absorbing 22.50 acres of parklands later this fall; and WHEREAS, staff recommends filling the staffing requirements with two (2) Gardener I/II positions this fiscal year; and WHEREAS, the total fiscal impact to the General Fund for personnel is $93,611. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby amend the FY 04-05 budget by appropriating $93,611 from the available balance of the General Fund and approving the addition of one (I) Parks Manager and two (2) Gardener I/II positions for Public Works Operations. Presented by Approved as to form by "~~OJ"~ ~(~\1 Dave Byers Ann Moore Director of Public Works Operations City Attorney J:\attorney\reso\finance\PWOPS appropriation - personnel 10-4 -.--......--- --------.-.. .........-..-.----.-.- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 04-05 BUDGET BY APPROPRIATING $84,000 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITŒS DŒFUND FOR EQUIPMENT FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS WHEREAS, on April 11, 2000, City Council approved the establishment of a maintenance level for City parks and other City property and a commensurate staffi'acreage ratio for the turnover of recent and future park development and other City property; and WHEREAS, there will be approximately 95 acres of new parks turned over to the City in FY 05-06, and WHEREAS, in addition, the City will be absorbing 22.50 acres ofparklands later this fall; and WHEREAS, in order to better service the new parklands, staff recommends the purchase of a pickup truck, computer and radio; and WHEREAS, staff further recommends approval for the purchase of a drill and fill machine that will be utilized to assist staff in changing the consistency of compacted soils, which are common in soccer and ball fields, and the drill and fill machine will be used primarily for the new parks; and WHEREAS, this machine will not be purchased until the end of this fiscal year in order for it to be available in FY 05-06 for the turnover of new parks; and WHEREAS, the total fiscal impact to the Public Facilities Development Impact Fee Fund for the purchase of a truck, radio, computer, and drill/fill machine is a one-time cost of $84,000; and WHEREAS, the total impact to the General Fund for equipment maintenance and replacement costs is $2,250. NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby amend the FY 04-05 budget by appropriating $84,000 from the available balance of the Public Facilities DŒ Fund for equipment and appropriating $2,250 from the available balance of the General Fund for equipment maintenance ($1,550) and replacement ($1,400) costs for Public Works Operations. Presented by AppI'oved as to form by ~~~~Q\\ Dave Byers Ann Moore Director of Public Works Operations City Attorney J:\attorney\reso\finance\PWOPS appropriation - equipment 10-5 . _"___'_m.~ _ _ _ _.._.______.__...__..._.._~_.._.__...~___~___....._.. COUNCIL AGENDA STATEMENT Item: l\ Meeting Date: 09/21/04 ITEM TITLE: Resolution Amending the FY05 budget appropriating $262,190 from the available balance General Fund and $125,000 based on unanticipated state reimbursements for personnel services costs, $106,500 from available balance of the General Fund for service and supplies costs associated with adding 10 positions in the Fire Department to implement the first phase of the Fire Strategic Business Plan Resolution amending the FY05 CIP budget by appropriating $204,500 from the available balance of the Public Facilities DIF for start up equipment costs associated with the new positions required to serve growth SUBMITTED BY: F;", Chle"~b REVIEWED BY: City Manager (4/5ths Vote: Yes X.No -> On September 7, 2004, the City Council accepted in concept the Fire Department Strategic Business Plan. The Fire Department Strategic Business Plan internally aligns staff resources and positions to achieve mission-oriented results for the residents of Chula Vista. This agenda statement adds eight positions needed to build the internal capability to ensure optimal delivery of fire services. RECOMMENDATION: 1) Effective October 1, 2004 create a Facility and Supply Specialist in the Chula Vista Employees Association's bargaining group with an E step Salary 10% above the storekeeper classification. 2) Amend the FY 2005 budget and appropriate unanticipated funds from the state in the amount of $125,000 and $262,190 from the available balance of the general fund to add 3.0 Battalion Chiefs, 1.0 Captain, 1.0 Engineer, 1.0 Secretary, 1.0 Senior Office Specialist, 1.0 Office Specialist, 1.0 Facility and Supply Specialist, 1.0 Community Education Specialist and 1.0 Public Safety Analyst to the Fire Department and increasing the FY2005 Fire Department Supply and Service budget by $106,500 from the available balance 11-1 .----....---... - "-.~-----_._~,-_..._- ._..._.._.,._-_._~--_.~----_._-'-"""- of the General Fund for startup and ongoing cost related to these service enhancements. 3) Increase the FY 2005 capital budget, appropriating $204,500 from the available balance of the Public Facilities Development Impact Fund to purchase and outfit trucks and other startup equipment needed to implement the first year of the strategic plan and authorizing the purchasing agent to execute purchase orders. 4) Direct staff to identity and include funding in the FY 06-07 budget process to implement the strategic plan directives adopted by Council in concept on September 7, 2004. The ongoing annual cost for implementing the first phase of the strategic plan is estimated at $584,585; the ongoing annual cost for implementing the balance of the strategic plan over the next two years is estimated at $1.9 million. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: Growth continues to have an impact on the services provided by the Fire Department and its resources. The pace of growth, and the resulting transformation of the community, presents challenges that must be met with a comprehensive management approach to ensure the optimal delivery of fire services. In an effort to achieve this result, the Fire Chief recommended that the Department develop a Strategic Business Plan using the Managing for Results framework developed by Weidner Consulting Inc. This framework has enabled the department to develop a performance based management system. This management system focuses on aligning people and resources for the purpose of achieving results for Customers. The Plan was presented to the City Council on September 7,2004. DISCUSSION: The pace of growth, and the transition of the community to a suburban designation with an urban core, presents challenges that must be met with a comprehensive management approach. The Fire Department is pleased to present the Department's strategic plan for 2004 - 2010. This plan represents the beginning of a new way of doing business in the Chula Vista Fire Department. Fire Management and Labor partnered to develop a vision and a plan to achieve results for our Customers - the City of Chula Vista. 11-2 Internal AIiQnment - Lines of Business, ProQrams and Services One of the most important components of the Strategic Business Plan is the internal alignment of the Fire Department's four lines of business, its programs and services. The Fire Department completed an internal inventory of all services provided by the department. This is the first time in the history of the Fire Department that management and labor have worked together to identify all services or products - the deliverables, tangible or intangible that the Customer receives from the department. The focus of this review resulted in a paradigm shift, which focused on the services our Customer get rather than what the department does. These services were then grouped around a common purpose into 17 different Fire Department programs and grouped into four Lines of Businesses: Fire Administration, Calls for Service/Operations, Prevention, and Disaster Preparedness. This was a critical step in aligning resources to achieve mission-oriented goals. Furthermore, it allows managers to manage and measure organizational performance in terms of results for Customers. Summary of Fire Department Programs by Line of Business 11-3 -- ~.__._.- _~..~__M____.·. Buildina Internal Capacity As the Strategic Business Team developed the Strategic Business Plan it became evident that internal infrastructure changes are needed to enable the Fire Department to transition from a small bedroom community fire department to a large, diverse suburban city fire department with an urban inner core. The following recommendations are based on an assessment of internal capacity for each of the Lines of Business, Programs and Services. During the past two years the department has grown significantly in terms of safety positions and facilities. The workload and state and federal training requirements have increased accordingly. However, support and administrative positions have remained the same. Moreover, the availability of safety personnel downtime is non- existent and the use of safety personnel on an overtime basis for administrative projects is not efficient. As a result many of the Programs and Services described in the Strategic Business Plan are hampered by a lack of support and administrative staff. The Fire Department is recommending that eight positions be added in FY04-05 to build the intemal capacity of the Fire Department to support service delivery, provide required training and meet changing industry trends and a greater demand for accountability. A summary of the positions and justifications is attached - Attachment I. Also, a spreadsheet summarizing personnel costs by program including related uniforms and equipment is attached for Councils review - Attachment II. Human Resources has reviewed the classifications and concurs with the proposed recommendations. One new classification, Facility and Supply Specialist will be added to the City's Classification Table. In addition three Battalion Chief positions will be added to the current year budget, with no appropriation, to facilitate purchase of the vehicle and equipment for implementation July 2005. FY 2004-05 Summary of Personnel Requirements The ten positions proposed to be added in the current fiscal year include: th ree Battalion Chiefs (no 'appropriation required), one Captain, one Engineer and one Secretary to support the training requirements for existing and new fire personnel; one Office Specialist and Sr. Office Specialist to support the Administration, Human Resources and Prevention Lines of Business, Programs and Services; one Facility and Supply Specialist. Funds are also included for the Public Education Specialist position, which is currently budgeted but frozen due to anticipated State budgetary impacts. The hire dates for the positions have been staggered throughout FY04-05 to minimize the impact to the general fund. The hire date for the Battalion chief positions is July 2005. The total cost for these positions and related equipment, services and supplies is $698,190. A total of $204,500 is proposed to be paid from the Public Facility Development Impact Fund (PFDIF) and $125,000 from 11-4 unanticipated revenues from the state resulting in a net General Fund impact of $368,690. The ongoing annual costs to the General Fund are estimated at $584,585. The cost for the three Battalion Chiefs is $529,600 offset by PFDIF revenue in the amount of $100,500 for a net cost of $429,100 in FY 2005-06. The ongoing cost is $449,100. Related ProQram EauiDment Vehicles - Staff is recommending the purchase of one Battalion Chiefs command suburban. The cost for the suburban including outfitting is $85,000. Staff estimates purchase and outfitting of the vehicle will take up to 9 months. Thus, this vehicle is recommended to be purchased immediately in order to be operational in July 2005 when the 2nd Battalion Chiefs are hired. In addition, staff is recommending the purchase of four pick-up trucks with extended cabs for the Captain, Engineer, Community Education Specialist, Disaster Preparedness Manager and a stake-bed truck with a lift for the Supply and Facility position. The cost for these vehicles including outfitting costs is $133,000. Furnishings and Computer Equipment - Each position will require the purchase of a computer and furnishings. Office space and furnishings are available for the Office Specialist, the Facility and Supply position, Community Education Specialist and the training Captain. Four office spaces will need to be designed and furnished for the remaining positions. The cost to furnish each office is estimated at $7,500 each for a total cost of $30,000. Additionally, each position will require the use of a computer and related office equipment for a total estimated cost of $16,000. The two safety positions will also require an 800 MHz radio. I Related Proaram Services and SUDDlies The following is a summary of services and supply recommendations: Uniforms and Equipment - The uniforms and equipment for the two safety positions is $24,000. The ongoing costs are $12,000. Hourly Wages - Staff is recommending the appropriation of $10,000 in hourly wages for Firefighter and ongoing Dispatcher background checks. During the Fire Communication Center (FCC) dispatch recruitment and background process, the Fire Department was fortunate to have the opportunity to work with the Police Department to process background investigations. The Fire Department would like to expand the background process to include hiring process for new Firefighters. As such staff is recommending hourly wages be allocated to hire retired police personnel to conduct the backgrounds. 11-5 . "_______,__..___m__.' _'_~..'_"___'" ._._.____~._.___..."_,__.._"'_.__.__._..____ Customer Survey - A critical component to measure our performance is community outreach. A Customer survey will not only provide the Fire Department with valuable performance data but also help educate the community on what services the Department currently provides. Staff is recommending a survey be conducted on a bi-annual basis beginning in FY 05-06. The survey would be conducted by an independent agency. The cost of the survey is estimated at $18,000. Community Outreach/Annual Report - The completion of the strategic plan marks the beginning of a new era for the Fire Department. Both management and labor have joined together to achieve mission-oriented results for our Customers - the resident's of the City of Chula Vista. Staff is recommending appropriation of $10,000 to conduct community outreach activities and produce an annual report for distribution to the business and community of Chula Vista. Management Training - The Fire Chief is recommending $25,000 be budgeted for Management Training due to the growth of department and new middle and upper management positions. In an effort to achieve our goals the Fire Chief is recommending all middle and upper management members of the Fire Department participate in leadership and management training. The training will enhance the effectiveness within the department, balancing executive focus between operations and strategic leadership, and improving other functional relationships, communication, and practices among the entire leadership (Chief, Senior Managers, Middle Mangers and Battalion Chiefs). Integration of Individual Performance - Additionally, staff is working with Weidner Consulting and Office of Budget Analysis to develop 2-4 different levels of Individual performance plans which will be integrated and aligned with the Strategic Business Plan so that every employee-at all levels in the department-can see how what they do contributes to operational results. Weidner will provide its proprietary and copyrighted tools and templates, as well as consulting and change management services, to facilitate the integration process throughout the CVFD. Building on what already exists, Weidner will help the CVFD design the performance management system/process, make recommendations for how the process and forms can be used to facilitate integration, and provide extensive consultation on the change management/implementation effort. The estimated cost is $40,000 for approximately 15 days of training. Employee Recognition Program - The Fire Department is recommending the appropriation of $3,000 to implement a performance based employee recognition program within the Fire Department. The Strategic Business Plan implements a performance base structure, which would be enhanced by recognizing individual employee performance that aligns with and supports the Strategic Business Plan. 11-6 Wellness Program - Earlier this year, the Fire Department applied for Federal funds to implement a wellness program in the Fire Department. A goal of the department is to develop a wellness program which will reduce firefighter injury rates. An agenda statement on this subject will be brought forward at a later date. Hazmat- Staff is recommending appropriation of $10,000 to set-up a purchase order for citywide clean-up. Other Alianment Issues The Fourth Line of Business - Disaster Preparedness is a citywide service, budgeted in the Fire Department. The purpose of this Line of Business is to provide training, coordination and consultation services to the community, businesses, and City employees so they can mitigate, respond to and recover from natural and human-caused disasters. The Fire Department is recommending this Line of Business, program and services be transferred to a central location such as the City Manager's Office. This recommendation is consistent with other municipalities, such as the City of San Diego. Many cities have established Homeland Security Departments, independent of their Fire and/or Police Departments. This effort ensures that Disaster Preparedness Services are provided in a consistent manner according to citywide priorities. The Fire Department will work with the City Manager's Office to transition this line of Business. The Fire Department is also recommending the transfer of the clerical support duties to the International Friendship Commission. This commission is one of the most active commissions in the City and requires significant clerical staff support. Currently, this support is provided both on-duty and on an overtime basis reducing the available clerical support for the Fire Department. Other Staffina Reauirements An additional 9 positions are recommended to be added as part of the upcoming two- year budget process. These positions include 3 Captains and 6 Firefighters for the Light and Air Rescue. The following is a summary by fiscal year: FY 2005-06 - Three Captain positions are proposed to be added in July of 2005. These positions will provide 2-0 staffing for the Light & Air/Heavy Rescue. The total cost is $337,620 offset by PFDIF revenue in the amount of $18,500 for a net General Fund impact of $319,120 and an ongoing cost of $341,120. In addition funding for the three Battalion Chief positions needed to form a second battalion to provide coverage in eastern Chula Vista will be appropriated during the FY 2005-06 budget. The cost for the three Battalion Chiefs is $529,600 offset by PFDIF revenue in the amount of $100,500 for a net cost of $429,100 in FY 2005-06. The ongoing cost is $449,100. 11-7 - _.._..._-_..~---_.~..._-~"._--_._._-_.._..__._...."...-'"-----_._.~--_.__.__._--_...- The total cost to add the 2nd Battalion and Light & Air/Heavy Rescue is $885,220. A total of $119,000 is proposed to be paid from PFDIF resulting in a net impact of $766,220. Ongoing annual costs are estimated at $808,220. FY 2006-07 - Six Firefighters positions are proposed to be added in July of FY 2006- 07 to fully staff (4-0 staffing) the Light and Air/Heavy Rescue. The total cost is estimated at $602,130 with an ongoing annual cost of $598,630. Other Recommèndations Staff is recommending an adjustment to the replacement schedules for Fire Apparatus. The current replacement schedules does not adequately provide for the timely replacement of frontline fire engines and ladder trucks. The Fire department is recommending the life span of a front line engine or ladder truck be reduced which will improve the condition of the reserve fleet. The Department is currently working with Public Works Operations and the Office of Budget and Analysis to revise the replacement schedules. The item will be forwarded to Council mid-year. FISCAL IMPACT: Staff is recommending the addition of 10 positions and funding of 1 position the Community Outreach Specialist currently budgeted in the Fire Department. The total cost for implementation for the first fiscal year is $698,190 of which $329,500 is offset by $125,000 from a one-time reimbursement from the State for the Fire Communications Center equipment purchases and $204,500 from the Public Facility Development Impact Fund. The net impact to the General Fund for FY04-05 is $368,690. The ongoing impact to the General Fund is $584,585. Since ongoing resources have not been identified to fund these ongoing costs, approval of this action may require offsetting budget reductions in future years. An additional 9 positions are recommended to be added as part of the upcoming two- year budget process. These positions include 3 Captains and 6 Firefighters for the Light and Air Rescue. Funding for the three Battalion Chiefs added in the current year will also be added during the 2005-06-budget process. In order to facilitate the full operation of the second Battalion in July 2005, the positions are recommended to be added in the current year with a July 2005 hire date. Funds for purchase of the Battalion Chiefs Command Vehicle and related equipment ($85,000) are recommended to be appropriated. It is estimated that purchase and outfitting of the vehicle will take up to 9 months. At this time we are recommending Council approval of ten position (includes 3 Battalion Chiefs) and related program services and supplies and equipment. The total cost for implementation of the Strategic Business Plan staffing recommendations, which includes 19 new positions and funding for one existing position and related equipment, services and supplies is $1.7 million. The ongoing cost is estimated at $1.9 million. The remaining 9 positions and related equipment costs will be provided for Council consideration during the upcoming budget process. 11-8 Summary of Recommendations Fiscal No. of Total Cost Revenue Net Ongoing Year Positions General General Fund Fund FY 2004- 10 $ 698,190 $ 329,500 $ 368,690 $ 584,585 05 FY 2005- 3 $ 885,220 I $ 119,000 $ 766,220 $ 808,220 06 FY 2006- 6 $ 602,130 $ 18,500 $ 583,630 $ 598,630 07 Total 19 $2,185,540 $ 467,000 $1,718,540 $1,991,435 One time revenue - The Fire Communications Center became the secondary Public Safety Answering Point (PSAP) for the City of Chula Vista. PSAP sites are eligible to receive reimbursement if they meet specific criteria defined in Government Code Section 53101. The Fire Communications Center meets the criteria and has filed a request for reimbursement for dispatch eligible equipment purchases from the State Department of General Services, Telecommunications Division. 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CD O~ oQ)::æ: ° OU) o~ ~ ~~ ~(J)~ ~ ~> ~~ 11-16 RESOLUTION NO. 2004- Resolution Amending the FY05 budget appropriating $262,190 from the available balance General Fund and $125,000 based on unanticipated state reimbursements for personnel services costs, $106,500 from the available balance of the General Fund for service and supplies costs associated with adding 10 positions in the Fire Department to implement the first phase of the Fire Business Strategic Plan WHEREAS, On March 16, 2004, the City Council authorized the Fire Department to contract with Weidner Consulting Inc. to develop a Strategic Business Plan; and, WHEREAS, On September 7, 2004, the City Council accepted the Strategic Business Plan in concept; and, WHEREAS, the City of Chula Vista has experienced considerable geographic and population growth in the past several years and the City is anticipated to continue to grow and change accordingly with the adoption of the new General Plan later this year; and, WHEREAS, the Strategic Business Plan clearly identifies the critical issues facing the Fire Department and the Chula Vista community, and sets achievable and measurable goals and performance measures; and, WHEREAS, The document identifies the Fire Department's Mission, Lines of Business, and Programs and Services and Five Strategic Goals; and, WHEREAS, these goals are must-do results that the Fire Department must accomplish over the next 5 years in order to pro actively respond to the critical trends, issues and challenges on the horizon as articulated in the Issue Statements; and, WHEREAS, in development of the Strategic Business Plan it became evident that internal infrastructure changes are needed to enable the Fire Department to transition from a small bedroom community fire department to a large, diverse suburban city fire department with an urban inner core; and, WHEREAS, this resolution will amend the FY 2005 budget and appropriate unanticipated funds from the state in the amount of $125,000 and $262,190 from the available balance of the general fund to add 3.0 Battalion Chiefs, 1.0 Captain, 1.0 Engineer, 1.0 Secretary, 1.0 Senior Office Specialist, 1.0 Office Specialist, 1.0 Facility and Supply Specialist, 1.0 Community Education Specialist and 1. 0 Public Safety Analyst to the Fire Department and increase the FY2005 Fire Department Supply and Service budget by $106,500 from the available balance ofthe General Fund for startup and ongoing cost related to these service enhancements; and, WHEREAS, the addition of these positions will build the internal capacity of the Fire Department to support service delivery, provide required training and meet changing industry trends and a greatt~ ãelJand for accountability; and, _ ^ ""._.,_',"H'_._'___ +.._.____ - ".-"--..-----.-----.--------.--.".- WHEREAS, Effective October I, 2004 staff will create a new classification for the Facility and Supply Specialist position in the Chula Vista Employees Association's bargaining group with an E step salary 10% above the storekeeper classification; and, WHEREAS, the hire dates for the positions have been staggered throughout FY04-05 to minimize the impact to the general fund; and, WHEREAS, the total cost for these positions and related equipment, services and supplies is $698,190; and, WHEREAS, the Battalion Chief positions have been added in FY 2004-05 to facilitate the purchase and outfitting of a command vehicle and equipment which is estimated to take up to nine months to complete; and, WHEREAS, this resolution directs staff to identity and include funding in the FY 06-07 budget process to implement the strategic plan directives adopted by Council in concept on September 7, 2004; and, WHEREAS, The ongoing annual cost for implementing the first phase of the strategic plan is estimated at $584,585; the ongoing annual cost for implementing the balance of the strategic plan over the next two years is estimated at $1.9 million; and, WHEREAS, the replacement cycle recommended adjustments will be forwarded to Council mid-year for consideration; and, WHEREAS, Weidner Consulting will be continue to be retained to complete the data collection and/or system integration and individual performance plans during this fiscal year; and, NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby amend the FY 2005 budget appropriating $262,190 from the available balance General Fund and $125,000 based on unanticipated state reimbursements for personnel services costs, $106,500 for service and supplies costs associated with adding 10 positions in the Fire Department to implement the ftrst phase of the Fire Strategic Plan. Presented by: Approved as to form by: S-})~ :JJif4=¥ r Fire Chief City Attomey H:/shard/attomey/SBP Staffing resol 11-18 RESOLUTION NO. 2004- Resolution amending the FY05 CIP budget by appropriating $204,500 from the available balance ofthe Public Facilities DIF for start up equipment costs associated with the new positions required to serve growth WHEREAS, On March 16, 2004, the City Council authorized the Fire Department to contract with Weidner Consulting Inc. to develop a Strategic Business Plan; and, WHEREAS, On September 7, 2004, the City Council accepted the Strategic Business Plan in concept; and, WHEREAS, the City of Chula Vista has experienced considerable geographic and population growth in the past several years and the City is anticipated to continue to grow and change accordingly with the adoption of the new General Plan later this year; and, WHEREAS, the Strategic Business Plan clearly identifies the critical issues facing the Fire Department and the Chula Vista community, and sets achievable and measurable goals and performance measures; and, WHEREAS, The document identifies the Fire Department's Mission, Lines of Business, and Programs and Services and Five Strategic Goals; and, WHEREAS, these goals are must-do results that the Fire Department must accomplish over the next 5 years in order to proactively respond to the critical trends, issues and challenges on the horizon as articulated in the Issue Statements; and, WHEREAS, in development of the Strategic Business Plan it became evident that internal infrastructure changes are needed to enable the Fire Department to transition from a small bedroom community fire department to a large, diverse suburban city fire department with an urban inner core; and, WHEREAS, this resolution will increase the FY 2005 capital budget, appropriating $204,500 from the available balance of the Public· Facilities Development Impact Fund to purchase and outfit trucks and other startup equipment needed to serve growth and implement the first year of the strategic plan and authorizing the purchasing agent to execute purchase orders; and, NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby amend the FY05 CIP budget by appropriating $204,500 from the available balance of the Public Facilities DIF for start up equipment costs associated with the new positions required to serve growth. 11-19 ---. ,._-.._._.._-------~--_.__._--,_.~-~-~._._~ Presented by: Approved as to form by: 14. 120 ~ ~ Ann Moore City Attomey H:/shard/attomey/SBP Staffmg res02 11-20 CITY OF CHULA VISTA MAYOR/COUNCIL Metno To: Lom.ine Bennett, Deputy City Oerk From: Anne L. Harrison, Constituent Se1:VÍces Maru¡ger Date: 9/10/2004 Re: Appointment to the International Friendsbjp Commission Mayor Stephen Padilla wOtÙd like to recommend the following community member to fill a vacancy on the International Friendship Commission: Mr. John Nezozzi Please place this on the September 21 2004 Council agenda for ratification. If you have any questions, please contact me gt x5812. Thank you for your assistance. ~L. fI~ Anne L Harrison Constituent Services Maru¡ger Co; Donna Norris 1 J3- It-I .____..._....____ . ___~___.__._....__ M"'._ _ ,__._______ ------ -----.- CITY OF CHULA VISTA , MA VOR/COUNCIL Menlo To: Lorraine Bennett, Deputy City Clerk From: Anne L Han:ison, Constituent Services Manager Date: 9/10/2004 Re: Appointments to the Youth Commission Mayor Stephen Padilla would like to recommend the following students to fill two openings on the Y outb Commission: Patricia De Sancho (Castle Park High School) yaztnin DeSaracho (Castle Park Middle Schoo]) Please place this on the September 21 2004 Council agenda for rarification. If you have any questions, please contact me at x5812. Thank you for your assistance. ~L.fI~d>O Anne L. Han:ison Constituent Services Manager Cc: Donna Norris 1 /3 f3 -I " . . ---...--.------.-- -- - - ----------'_... ----------.- --._--~--_._._-- CITY OF CHULA VISTA MAYOR/COUNCIL Memo To: Lottaine Bennett, Deputy City Clerk From: Anne L Harrison, Constituent Services Manager Date: 9/16/2004 Re: Appointment to the Interagency Water Task Force Mayor Stephen Padilla would like to reco=end the following community member to fill a vacancy on the Interagency Water Task Force: Mr. Jon Jamieson Please place this on the September 21 2004 Council agenda for ratification. If you have any quê::stions, please contact me at xS812. Thank you for your assistance. ~¡ ·11~ðiU Anne L. Harrison Constituent Services Manager 1 /3{!-/ .___n_