HomeMy WebLinkAboutAgenda Packet 1998/11/17
"I declare Hnller penalty of perjury thllt 1 11m
employed by the City of Chula Vista In the
Office of the City Clerk and that I pos':ed
Tuesday, November 17, 1998this AgenJa/Notioe on the Bulletin Board at Council Chambers
6:00 p.m. the Public rvi es Bu,ldmg ~Î ~n Public Services Building
DATED. }f '/.2- SIGNED - ..
Rwular Meetin!! of the Citv of Chu a Vis tv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot_, Padilla_. Rindone_. Salas_. and Mayor Horton_"
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: November 2, 1998 (Special Meeting) and November 3, 1998.
4. SPECIAL ORDERS OF THE DAY:
A. OATH OF OFFICE:
Jen Vanderpool - Cultural Arts Commission;
Russ Hall - Planning Commission;
Lauren Weidner - Parks and Recreation Commission; and
Ed Wesche - Otay Valley Road Project Area Committee.
B. As part of AIDS Awareness Month, Bob McPhail of the San Diego HIV Prevention Planning
Board, will give an update on the current status of the AIDS epidemic in the County and in the
City of Chula Vista.
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on November 10, 1998, that there were no actions taken
which are required under the Brown Act to be reported. It is recommended that the letter be
received and filed.
6. ORDINANCE 2764 AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE TO ELIMINATE
SUSPENSION OF SOLID WASTE SERVICE FOR SMALL GENERATORS, CLARIFY
MANDATORY PARTICIPATION AND STANDARDS FOR EXEMPTION FROM SOLID WASTE
SERVICE, ESTABLISH MAXIMUM PENALTIES AND COLLECTION PROCEDURES FOR
FAILURE TO PAY FEES AND MAKE THOSE CHANGES REQUIRED TO CONFORM WITH
THE NEW DEFINITIONS ADOPTED WITH GRANTING OF THE FRANCHISE AGREEMENT
(second readin!! and adoDtion) - Pacific Waste Services and staff estimate that up to 10% of the City's
generators do not pay for weekly solid waste and recycling collection service or comply with Municipal
Code requirements regarding an exemption. At the request of Pacific Waste Services, staff included a
provision in the franchise agreement to address mandatory payment of fees and suspensions. Staff
recommends Council place the ordinance on second reading and adoption. (Conservation Coordinator)
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Agenda -2- November 17, 1998
7. RESOLUTION 19261 ADOPTING THE 1999 LEGISLATIVE PROGRAM AND LEGISLATIVE
WORK PROGRAM - These programs represent the Council's position on items likely to be acted upon
by the State Legislature, Congress or administrative agencies. By adopting them at the beginning of each
two-year session, and amending them at mid-term, Chula Vista can take a proactive role in sponsoring,
supporting or opposing bills related to the City's various legislative priorities. Staff recommends approval
of the resolution. (Administration)
8. RESOLUTION 19262 AMENDING THE FISCAL YEAR 1998/99 BUDGET, AUTHORIZING THE
TRANSFER OF ONE FULL-TIME POSITION AND FUNDING FROM THE PLANNING AND
BUILDING DEPARTMENT TO HUMAN RESOURCES AND THE TRANSFER OF A PART -TIME
HOURLY POSITION· FROM HUMAN RESOURCES TO PLANNING AND BUILDING
DEPARTMENT, AND AMENDING COMPENSATION RESOLUTION 19087 - 00 September 22,
1998, Couocil approved the creation of the Training and Development Division withio Human Resources.
This division has been created with existing professional staff transferred from other departments. In order
to make this unit more effective, a full-time clerical/technical support is needed. In addition, after
extensive review of the support staff requirements in the Planning and Building Department based on the
consolidation of functions, it has been determined that this department can receive sufficient support with
the hourly clerical assistaoce. It is recommended that a position in the Planning and Building Department
be transferred to Human Resources and placed in an appropriate classification and that in exchange, a part-
time position in Human Resources be transferred to Planning and Building. Staff recommends approval
of the resolution. (Director of Human Resources and Director of Planning aod Building)
9. RESOLUTION 19263 WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A
PURCHASE AGREEMENT WITH EBSCO SUBSCRIPTION SERVICES TO PROVIDE
MAGAZINE AND NEWSPAPER SUBSCRIPTION SERVICES TO THE CHULA VISTA PUBLIC
LmRARY IN ACCORDANCE WITH TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID
NUMBER R6404/98 - The City has purchased subscriptioo services from EBSCO for the past five years
through a cooperative purchasing agreement with the City of San Diego. EBSCO has provided satisfactory
services throughout this time. The City of San Diego independently bid out their current subscription
service requirement and EBSCO was found to be the low respoosive and responsible bidder. Through
negotiations with EBSCO, the Purchasing Agent was able to obtaio a commitment to extend the City of
San Diego's contract terms and conditions to the City. The Library system currently subscribes to 940
magazines and newspapers. Staff recommends approval of the resolution. (Library and Recreatioo
Director)
10. RESOLUTION 19264 ACCEPfING CALIFORNIA DEPARTMENT OF EDUCATION, ADULT
BASIC EDUCATION, SECTION 321 GRANT FUNDS AWARDED TO THE CHULA VISTA
LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1998/99
BUDGET TO INCLUDE A 0.18 FULL TIME EQUIVALENT POSITION - The Chula Vista Public
Library has applied for and been awarded California Departmeot of Educatioo, Section 321 grant funds
in the amount of $6,035. Funds must be used for supplemeotal staff development, assessment and/or
networking. Staff recommends approval of the resolutioo. (Library aod Recreatioo Director) 4/5th's vote
required.
11. RESOLUTION 19265 APPROVING A MASTER LICENSE AGREEMENT WITH COX PeS
ASSETS, LLC FOR THE INSTALLATION AND OPERATION OF UP TO 50 CABLE
MICROCELL INTEGRATOR (CMI) OR SUBSTANTIALLY SIMILAR FACILITIES IN THE
CITY'S RIGHT-OF-WAY FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR
UP TO THREE ADDITIONAL 5 YEAR TERMS AND DELEGATING AUTHORITY TO THE CITY
ENGINEER TO PROCESS AND APPROVE THE REQUIRED ENCROACHMENT PERMITS - 00
March 18, 1997, Council conceptuaIly approved the marketiog of City properties for use by
telecommunications companies. Since that time, staff has been working with a number of companies to
explore the possihilities of locating on City-owoed property. Cox PCS Assets, LLC provides mobile phone
service uoder the marketing name of Sprint PCS. Cox PCS utilizes Cable MicroceIl Integrator facilities
attached to overhead cable or light standards to provide service. Staff recommends approval of the
resolution. (Director of Community Development)
"--...---...
Agenda -3- November 17, 1998
12. RESOLUTION 19266 WAIVING CONSULTANT SELECTION PROCESS AS IMPRACTICAL
AND APPROVING AGREEMENT WITH RNL DESIGN FOR CORPORATION YARD MASTER
PLAN UPDATE AND SCHEMATIC DESIGN DRAWINGS - In November 1990, Council approved
an agreement with RNLlInterplan (now RNL Design) for preparation of a Master Plan for a new City
Corporation Yacd. At that time, the City had an agreement to purchase a site adjacent to what will now
be Olympic Parkway in Suobow II. Due to the collapse of the building economy in the early 1990's,
Sunbow II was not built. Subsequently, Couocil approved purchase of a site io Otay Rio Busioess Park,
which was instead used by White Water Caoyon. On September 15, 1998, Council approved an agreement
with SDG&E for the City's purchase of SDG&E's South Bay Service Center at 1800 Maxwell Road.
Consequently, it is necessary to update the current Master Plan to fit the SDG&E site aod prepare
schematic design drawings prior to construction of improvements at the site. Staff recommends approval
of the resolution. (Director of Public Works)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
13. PUBLIC HEARING REGARDING THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS
OF LAND - In order to adequately protect the City's interest in delinquent sewer service charges and
insure that collection efforts are directed towards the responsible property owner in the eveot of a change
in ownership, staff is recommending approval for liens against affected properties as a preliminary action
to placing the delinquencies on the property tax rolls if they remain unpaid. Staff recommends approval
of the resolution. (Director of Finance)
RESOLUTION 19267 ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
14. PUBLIC HEARING OTAY VALLEY ROAD NAME CHANGE - On March 26, 1996, the
Redevelopment Agency requested that staff iovestigate a proposal submitted by the Auto Park dealers to
change the name of Otay Valley Road to Auto Park Drive (or something similar) from I-80S east. Staff
studied a number of issues associated with this request and developed several alternative solutions. Staff
recommends an incremental solutioo reoaming only a segment of Otay Valley Road east of I-80S to
Brandywine Avenue until further development occurs to the east of this area. The Planning Commission
recommended a more far reaching solution. Staff recommends approval of the resolution. (Director of
Community Development and Director of Planning and Building)
RESOLUTION 19268 CHANGING THE NAME OF THE SEGMENT OF OT A Y V ALLEY ROAD
FROM I-80S TO BRANDYWINE A VENUE TO OT A Y V ALLEY ROAD-AUTO PARK DRIVE
Agenda -4- November 17, 1998
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for considerativn by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
15. RESOLUTION 19269 APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT
WITH RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN
SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 80S AT TELEGRAPH CANYON
ROAD, OLYMPIC PARKWAY AND PALOMAR STREET, WAIVING THE SELECTION
PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF
OF THE CITY AND APPROPRIATING $3SS,OSO IN TRANSPORTATION DEVELOPMENT
IMPACT FEES (FUND 621-6210) TO PROJECT STM-327 - On January 23, 1996, Council approve
a contract with Rick Engineering for preliminary engineering design services for three interchanges on
Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and Palomar Street. Since then two
amendments to this contract have been made. The third amendment to the contract will provide for
construction services (surveying and construction support) for the Telegraph Canyoo Road/I-80S
Interchange expected to be under construction in early 1999; modification of the existing Project Study
Report, Project Report, and environmental documents for Olympic Parkway; adding 12 montWy
coordination meetings deemed necessary to coordinate the Palomar/I-80S interchange project with the
Federal Highway Administration and Caltrans; and allow for reimbursable expenses incurred in the
completion of the work. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's
vote required.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the lime the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
16. CITY MANAGER'S REPORT IS)
A. Scheduling of meetings.
17. MAYOR'S REPORTIS)
A. Ratification of appointmeot to the Cultural Arts Commissioo - Dr. Walter Tubbs (to fill vacancy
created by Commissiooer Erhardt, whose term will expire 00 June 30, 2002.)
18. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed sessioo and thence to) the regular City Council meeting 00 November 24,
1998 at 6:00 p.m. in the City Council Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
'-
"I declare Hnder penalty of perjury that 1 am
employed by the Ci':y of Chula Vista in the
Office of the City Cler'< and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, November 17, 1998 the Public ~r~es Building aAIi .1 "". 11~1I on
6:00 p.m. DATED, // 5 9,3'" SIGNEDS /~-?- ' .. Council Chambers
/ ",. Public Services Building
(immediately following the City Council Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this lime, the Council will discuss and deliberate on the following
items of business which are permitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of lime taken up by closed sessions, the videotaping will be terminated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and tu(journment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation pursuant to Government Code Section 54956.9(a)
1. Miller v. City of Chula Vista.
2. Stull v. Bank of America.
. Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
1. Two cases.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
1. POA Negotiations.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
1. Public Employee Appoiotment, City Clerk, pursuant to Government Code Section 54957.
.-...
November 11,1998
TO: Th, Ho",,,bl, M,yo< nod City Council ~
FROM: David D. Rowlands, Jr., City Manageíl)\L- ~ '-"'"
SUBJECT: City Council Meeting of November 17, 1998
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 17, 1998. Comments regarding the Written
Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on 11/10/98, there were no
actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
DDR:mab
_m__.··__._.-_______.__
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~5~~
CIlY OF
CHUIA VISfA
OFFICE OFTHE CITY ATTORNEY
Date: November 11, 1998
To: The Honorable Mayor and city council~
From: John M. Kaheny, City Attorney ~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 11/10/98
The City Council met in Closed Session on 11/10/98 to discuss:
Existing Litigation pursuant to Government Code Section 54965.9 (a) :
Fritsch v. City of Chula Vista
Rutherford v. City of Chula Vista
Busalacchi v. City of Chula vista
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b): One case.
The city Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
C:\lt\clossess.no
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276 FOURTH AVENUE· CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
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ORDINANCE NO. :2? ~ f
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
8.24 OF THE CHULA VISTA MUNICIPAL CODE TO, ELIMINATE
SUSPENSION OF SOLID WASTE SERVICE FOR SMALL GENERATO~~
CLARIFY MANDATORY PARTICIPATION AND STANDARD~iðR
EXEMPTION FROM SOLID WASTE SERVICE, ESTABLISH MUM
PENALTIES AND COLLECTION PROCEDURES FOR FAIL~ 0 PAY
FEES AND MAKE THOSE CHANGES REQUIRED TO CONr~ WITH THE
NEW DEFINITIONS ADOPTED WITH GRANTING OF~ FRANCHISE
AGREEMENT S> ~ .
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~..
WHEREAS, the city of Chula vista ~rrently has a mandatory
participation requirement for solid waste and recycling service and
although service is mandatory, the current provision does not
contain any enforcement mechanism or penalty for non-participation;
and
WHEREAS, Pacific Waste Services and staff estimate that up to
10% or 3,500 of the city's solid waste generators do not pay for
weekly solid waste and recycling collection service or comply with
the existing Chula vista Municipal Code (CVMC) requirements
regarding an exemption; and
WHEREAS, the failure of more than a few generators to
participate in the solid waste program increases costs f.or the
majority of rate payers; and
WHEREAS, staff recommends that Council adopt the proposed
Ordinance which amends the Municipal Code as follows: 1) eliminates
suspension of service for small generators, 2) clarifies the
criteria for an exemption from participation in the City's
mandatory waste and recycling services 3) provides the City and
franchise agent with penalties sufficient to encourage proper
participation and timely payment, 4) provides the City with the
authority to place a lien on the property tax roll to collect any
unpaid fees for participation under the existing mandatory solid
waste program, 5) establishes minimum notification requirements
prior to assessing penalties or implementing a lien procedure, and
6) makes certain modifications to the chapter so that it conforms
with the adoption of the solid waste franchise agreement.
NOW, THEREFORE, the city Council of the City of Chula vista
does hereby ordain as follows:
SECTION I: That Chapter 8.24 of the Chula vista Municipal
Code is hereby amended to read, in its entirety, as follows:
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Chapter 8.24
SOLID WASTE AND LITTER
Sections:
8.24.010 Purpose and intent.
8.24.020 Definitions.
8.24.030 Accumulation of materials constituting a fire
hazard prohibited.
8.24.040 Solid Waste-Disposal in public places prohibited.
8.24.045 Solid Waste generated off site-Placement in city
Solid Waste and litter containers-Prohibited.
8.24.050 Solid Waste-Disposal on private property
prohibited-Exception.
8.24.060 owner or occupant responsibility to maintain
sanitary premises.
8.24.070 Solid Waste-Collection prohibited when-Burning
prohibited.
8.24.080 Solid Waste-containers approved for residential
use.
8.24.090 Solid Waste-Placement in containers or bundles-
Restrictions.
8.24.100 Solid Waste and refuse-Placement of containers for
collection- Times.
8.24.110 Intentionally Omitted.
8.24.120 Intentionally Omitted.
8.24.130 Intentionally Omitted.
8.24.140 Intentionally Omitted.
8.24.150 Intentionally Omitted.
8.24.160 Intentionally Omitted.
8.24.170 Intentionally Omitted.
8.24.180 Payment of Solid Waste and Recycling collection
charges.
8.24.190 Reduced residential Solid Waste collection charges.
8.24.195 Mandatory recycling for exemptions and reduced rate
customers
8.24.200 Interference with collection and scavenging
prohibited when.
8.24.210 Littering-By private persons prohibited where.
8.24.220 Littering-By corporations or persons prohibited
where.
8.24.230 owner or occupant duty to keep sidewalks free of
litter.
8.24.240 Intentionally Omitted.
8.24.010 Purpose and intent
The city council finds that the accumulation, storage, collection,
transportation, processing and disposal of Solid Waste is a matter
of public concern, in that improper control of such matters creates
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a public nuisance, can lead to air pollution, fire hazards, illegal
dumping, insect breeding, rodent infestation and other problems
affecting the health, welfare and safety of the residents of this
and surrounding cities. The city council further finds that the
minimum weekly collection of Solid Waste from all residences and
places of business in the city benefits all occupants of residences
and businesses within the city. Accordingly, the collection of
Solid Waste in the city is a mandatory service, shall not be
discontinued and all owners and occupants as defined in section
8.24.060 are made liable for the payment of such fees as may be
approved from time to time by the city council. The city council
further declares that the regulations provided in this chapter are
designated to eliminate or alleviate such public health and safety
concerns, and provide minimum standards for the accumulation,
storage, transportation and processing of Solid Waste.
8.24.020 Definitions
For the purpose of this chapter, the definitions contained in
Chapter 8.25, section 8.25.020, shall govern unless the context
otherwise requires or indicates.
8.24.030 Accumulation of materials constituting a fire hazard
prohibited.
It is unlawful for any person to create or allow to be
created, or maintained upon any premises in the city, owned or
controlled by such person any accumulation of materials that are
dangerous as fire menace or hazard.
8.24.040 Solid Waste-Disposal in public places prohibited.
It is unlawful for any person to place, dump, deposit or throw
any Solid Waste including but not limited to: plastic, glass,
metal, paper, Green Waste, other food waste, automobile parts or
other Solid Waste or liquid wastes of any kind or character
whatsoever upon or along the right-of-way of any public highway,
street, lane, alley or other public place within the corporate
limits of the city.
8.24.045 Solid Waste generated off site-Placement in city trash
containers-Prohibited.
City Solid Waste and litter containers are placed in city
parks, at bus stops and other public areas for the use of the
public to control litter and Solid Waste which is generated at or
near the location where the Solid Waste containers are located;
they are not to be used as disposal sites for Solid Waste which is
generated off site except as defined as Incidental Waste in Chapter
2
þ!ff b~3
8.25.020 of the Chula vista Municipal Code. Therefore, it is
unlawful for any person to place, dump, deposit or throwaway Solid
Waste of any kind or character whatsoever other than Incidental
Waste in city litter or Solid Waste containers if such was
generated at a location other than where the Solid Waste or litter
container is located.
8.24.050 Solid waste-Disposal on private property
prohibited-Exception.
It is unlawful for any person to place, dump, deposit or throw
away any Solid Waste other waste discards of any kind or character
whatsoever, upon any private property adjacent or abutting upon any
public highway, or public place, or upon any private property
whatsoever, within the corporation limits of the city unless such
person first obtains the written permission of the owner of such
property so to do. It is further unlawful for such person to
deposit or place such materials in any Solid Waste container owned
or used by the owner of such property unless such person first
obtains the written permission of the owner so to do. This section
is not intended to preclude a person from disposing of waste
generated at a business in containers provided for customers of the
business such as empty food containers being placed in public waste
containers at a fast food restaurant.
S. 24. 060 Owner or occupant responsibility to maintain sanitary
premises.
Every owner, tenant, occupant or person owning or having the
care and control of any premises in the city shall keep said
premises or those under his/her care and control in a clean' and
sanitary condition and no person shall permit any Solid Waste or
any other substance which may be or will become offensive to be
deposited or to remain in or upon any premises owned or occupied by
him or under his care and control except as otherwise expressly
permitted by this Chapter. It shall be the responsibility of such
person to provide for weekly scheduled Solid Waste collection
service by means of the city's contract or franchise agent and pay
for such services pursuant to this Chapter. However, that any such
person subject to the mandatory requirement may remove or convey
their own waste to a state permitted landfill or transfer station
by applying to for an exemption in writing in advance and receiving
such exemption pursuant to section 8.24.180. Any dispute as to
such exemption may be appealed to the city manager.
8.24.070 Solid Waste-Collection prohibited when-Burning
prohibited.
A. No person shall collect, remove or convey, or cause or permit
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to be collected, removed or conveyed, any residential, commercial
or industrial Solid Waste upon or along any public street, alley or
any other public place in the city; provided however, the
prohibitions of this section shall not apply to authorized
employees of the city, or to any person or firm or employees
thereof, with whom the city or a local school district has entered
into a· contract or franchise for the collection, removal or
disposal of Solid Waste, or to the occupant or owner of any
residence from personally removing their own Solid Waste from said
residence or commercial establishment or as may otherwise be
permitted or required by federal or state laws that legally
supersede the provisions of this Chapter. Occupants or owners
removing or conveying their own waste shall comply with the
provisions of this Chapter and all local state and federal
regulation regarding the safe transportation and disposal of
wastes.
B. It is unlawful for any person to burn or bury any Solid Waste
as a means of disposing of said waste.
8.24.080 Solid Waste-Containers approved for use by Small
Generators ( single-family residential and small
businesses) and Large Generators for Solid Waste, Yard
Waste and Recyclables.
A. It is unlawful for any Small Generator in a residential area
to keep or store any Solid Waste within containers except those
which are tapered gradually, decreasing in diameter toward the
bottom of the container, made of metal or plastic with metal or
plastic covers and handles, and which containers shall be
watertight and fly-proof and shall not exceed forty gallons in
capacity. Small Generators may also use containers provided by the
city, its contract or franchise agent as part of their optional
service.
B. Large Generators shall utilize containers provided by the city
contract or franchise agent. Compactor containers or other
receptacles provided by Large Generators such as commercial and.
industrial customers must be approved by the city contract or
franchise agent for compatibility with collection equipment before
use. Use of incompatible compactors or other containers is not
allowed and the purchase or lease of such equipment will not be
considered grounds for an exemption from mandatory service.
C. Further, every person having the care or control of any
place or premises within the city where Solid Waste accumulates or
exists shall cause such Solid Waste to be placed and kept in such
water tight containers, with lids securely fitted, and in a number
adequate to contain the total amount of Solid Waste accumulating
during the maximum allowed one week interval between each
collection or removal thereof.
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8.24.090 Solid Waste-Placement in containers or bundles-
Restrictions.
All Solid Waste shall be kept within sturdy containers made of
metal or plastic, and no Solid Waste shall be placed in any
container so that it protrudes or extends beyond such containers.
containers shall also have tight fitting lids sufficient to keep
out the rain and prevent litter. Every owner, tenant, occupant or
person having responsibility for premises shall provide and
maintain the number of rigid containers and lids sufficient to
separately hold their weekly Solid Waste, and Yard Waste. Yard
Waste and other Designated Recyclables shall never be placed for
collection in plastic bags. The weight of any empty container for
a Small Generator shall not exceed fifteen pounds; the weight of
any fully loaded container shall not exceed sixty pounds. Cardboard
containers shall not be used as Solid Waste containers and should
be emptied, broken down and placed at the designated collection
location for collection with recyclables.
A. The following actions are approved for Solid Waste by Small
Generators (single family residential and small businesses
with curbside collection service):
l. Use of plastic or paper bags manufactured expressly for
waste storage, securely tied with wire, plastic or
string, and of such thickness and bursting strength to
resist puncture and tears. Grocery and shopping bags are
not permitted;
2 . Newspapers and/or flattened cardboard boxes should be
placed outside containers (for recycling) if they are
stacked and securely tied with natural fiber twine into
bundles of not more than forty pounds in weight;
4 . Brush and limbs of trees may be placed outside of Yard
Waste containers tied with natural fiber (compostable)
twine into bundles of not more than four feet in length,
eighteen inches in diameter and forty pounds in weight;
S. Any person desiring to receive different, additional, or
more frequent service may do so through the contract or
franchise agent, on mutually agreeable terms and
conditions by contacting the contract or franchise agent
at least two days before their regular refuse collection
service day.
6. Color coded and specially marked containers will be
provided upon request by the city contract or franchise
agent for used oil, oil filters, and Designated
Recyclables at no charge. Color· coded and specially
marked containers for Yard Waste and Solid Waste will be
provided at the residents option and require a monthly
S
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rental fee established in the Maximum Rate Schedule.
B. The following actions are prohibited for residential
customers;
1. Use of severely damaged containers or containers with
jagged or sharp edges (said containers will be
appropriately tagged by contract or franchise agent first
time noted and will be collected by contract agent if
used subsequently to being so tagged.)
2. Placement of Hazardous or Toxic Wastes such as solvents,
paints, pesticides, fuels, explosives and medical wastes
at the Designated Collection Location for collection by
the city or any contract or franchise agent(s). This
prohibition is not intended to exclude the door-to-door
collection of any Hazardous Waste by appointment, by a
contract licensed by the city and permitted by the State
Department of Toxic Substances or the County
Environmental Health Department.
3. Placement of construction and demolition waste at the
Designated Collection Location for service by the city
contract or franchise agent which may resist compaction
or damage equipment such as large metal objects, concrete
blocks, dirt or tires. This prohibition is not intended
to prevent a resident from making an appointment for free
bulky pick-up, free used oil and filter collection or
contracting with the city contract or franchise agent for
a temporary bin for construction debris, metals, yard
waste and source separated recyclable materials;
4. Deposit of Solid Waste or any other material in waste
containers intended for use by, or belonging to others.
5. The disposal of Designated Recyclables in Solid Waste
containers.
C. Enforcement
1. Generators that fail to place Solid waste, Recyclables or
Yard Waste out for collection in proper containers or
fail to properly separate recyclables will be tagged with
a notice and provided with proper instructions.
2. Repeated violation of proper set out and separation after
notification by the city or it contract or franchise
agent will subject the violating person to a penalty of
up to $10 per incident. That penalty will be assessed as
part of the regular Solid Waste disposal bill and will be
subject to the same payment an collection procedure
provided in Section 8.24.180 thereof.
6
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3 . An additional fee of ten dollars will be added to the bi-
monthly or monthly service fee to restart service for any
owner/occupant that discontinues service prior to
receiving an exemption under 8.24.180.G.
8.24.100 Solid Waste-Placement of containers for collection-Times.
No Solid Waste shall be placed for collection in an alley or
on the curb or the streets before six p.m. on the day immediately
prior to the scheduled collection day. No person shall permit
Solid Waste containers to remain on the street or alley after eight
p.m. of the collection day. Collection point shall be in front of
the residential property at the curbline or as close thereto as
possible without creating an obstacle on the sidewalk. All Solid
Waste placed at such collection points shall be deemed a request
for service by the city's contract or franchise agent.
8.24.110 [Intentionally Omitted] .
8.24.120 [Intentionally Omitted]
8.24.130 [Intentionally Omitted]
8.24.140 [Intentionally Omitted]
8.24.150 [Intentionally Omitted]
8.24.160 [Intentionally Omitted]
8.24.170 [Intentionally Omitted]
8.24.180 Payment of Solid Waste collection charges-Penalty for
Delinquency.
A. Payment Obligation. The city council finds and determines
that the regular collection of Solid Waste, Yard Waste and
Designated Recyclables and the disposal or processing thereof
by the contract or franchise agent of the city from all places
in the city is a part of the integrated solid waste management
service to the premises from which it is collected. All
owners and occupants of premises within the city shall be
responsible for paying the monthly collection service rate
charged by the city or its contract or franchise agent, or
shall comply with the provisions of this Chapter for an
exemption from mandatory service as set forth in Section
8.24.180.E. No person that has not previously applied for and
7
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_.....·,.·._.__._·.··m·___'·'.,_·.
received an exemption shall willfully fail, neglect or refuse,
after demand by the city or its contract or franchise agent to
pay the service fees.
B. Billing and payment. All Solid Waste service charges shall be
billed upon a monthly or bi-monthly basis as determined by the
city council, and shall be due and payable by the
owner/occupant at the time indicated in the billing statement.
The city's solid waste contract or franchise agent will
provide solid waste billing services, and subj ect to the
provisions of this Chapter, be primarily responsible for the
collection of payments. The due date for each class of
generator shall be clearly indicated on the bill/invoice. If
the due date falls on a Saturday, Sunday or legal holiday the
customer will have until the end of the next regular business
day to make payment. Payments made by mail must be post-marked
no later than midnight of the due date on the invoice.
Payments may be made in person on or before the due date
between 8 a.m. and 5 p.m., Monday through Friday excluding
holidays at the contract or franchise agents Chula Vista
office.
C. Billing cycles, classifications and due dates. All Solid Waste
service charges for Small Generators (residential dwellings
and businesses with curb service) shall be billed bi-monthly
in advance. The due date for Small Generator invoices shall
be the last day of the bi-monthly billing cycle. Solid Waste
service charges for Large Generators (residences and
businesses with bin, compactor or roll-off service) shall be
billed monthly in arrears. The due date for Large Generator
invoices shall be 15 days after the last day of the monthly
billing cycle. The cost of temporary services such as
industrial roll-off boxes may be applied to the monthly or bi-
monthly billing statements of existing customers, secured by
a line of credit or paid for as "Cash On Delivery" (COD) as
mutually agreed by the city contract or franchise agent and
the customer. The city will direct the contract or franchise
agent to deliver invoices to the Postal Service in a manner.
that will provide customer no less than 15 days for delivery
and payment of their invoice without penalty.
D. Service Rates. The contract or franchise agent shall set
service rates subject to a Maximum Rate established by the
city council. A complete schedule of Maximum Rates, shall be
kept on file with the city clerk and the city conservation
coordinator and is available for public review. Maximum Rates
may be subject to increase pursuant to the terms of the city's
contract or franchise with the contract or franchise agent (s) .
Subject to the terms of the then in effect contract or
franchise, the council may from time to time establish such
rates by resolution, including the establishment of rates for
different classifications of generators {residential,
8
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commercial, industrial or subclassifications thereof) or types
of materials generated, including preferential or discounted
rates for senior citizens or low income families or other
classifications which are deemed to be in the public interest.
E. Penalties for Delinquency - Notification
1. A bill shall be considered delinquent if payment in full
is not received by the close of business or, postmarked
before midnight, of the due date as shown on the bill,
however when the final day falls on a Saturday, Sunday or
legal holiday payment may be made without penalty on the
next regular business day. If payments for Small
Generator invoices have not been received by the city
contract or franchise agent ten days before the due date,
the city contract or franchise agent shall send
notification (First Warning) outlining potential late
fees and penalties to the resident or business.
2. Late Notice - In the event the owner or occupant of any
premises or business shall be delinquent in payment of
any part or all of the Solid Waste fees and delinquency
continues for a period of ten (10) days after the due
date shown on the bill, the city's contract or franchise
agent shall send notification (Late Notice) to the owner
and occupant informing both of the amount owed, the
schedule of penalties and costs accrued at each stage of
delinquency as defined below. The notification to the
owner shall be mailed to the name and address listed on
the last available property tax assessment roll and shall
include the potential for delinquency amount to be
assessed as a lien and collected on the owner's property
tax bill. If payment in full is not received by the due
date on the bill/invoice, the city or its contract or
franchise agent may impose a one time late/processing fee
equal to 10% of the charges owed or $10. In addition,
for each 30 days the delinquent bill remains unpaid the
city, its contract or franchise agent may impose
additional late /processing fees equal to 1~% of the
outstanding debt. If the bill is not paid within 15 days
of the invoice due date the city contract or franchise
agent may charge an additional restart fee of $10. (the
penalties and restart fee are designated for
administrative convenience only in the master fee
schedule) . The city, its contract or franchise agent must
at minimum send one bill/invoice at least (10) ten days
before the due date and one notification letter by first
class mail to the owner or occupant prior to assessing a
penalty.
3. Final Late Notice - In the event that the owner or
occupant of any premises or business is delinquent in
9
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-~,--- .-.,---..-<,.----,----..----- ----..-
payment of all or any part of the Solid Waste bill, other
than for which they have applied for and received an
exemption from the city, for a period of 90 days after
the due date, of the invoice the city or franchise agent
shall assign. the delinquent account to the city for
collection. Upon mutual agreement the city contract or
franchise agent may assign delinquent accounts to the
city before (90) ninety days. At least (10) ten days
prior to assigning an account to the city for collection
the city contract or franchise agent shall send a second
notification (Final Late Notice) to the owner. The
notification shall include the total current amount due,
a description of the potential penalties for delinquent
amounts and a description of the potential lien process
(penalties and fees are designated for administrative
convenience only in the master fee schedule), the
location where the bill may be paid in person during
regular business hours and a self addressed return
envelope for payment by mail.
4. Final Notice of Delinquency - Upon assignment of the
delinquent account to the city for collection, the
delinquent charges, penalties and fees may be collected
by the city:
i. pursuant to a lien imposition and property tax bill
process provided, below;
ii. by suit in any court of competent jurisdiction, or
iii. any other manner permitted by law or equity at the
city's discretion.
Prior to setting a hearing to consider a lien the city
will send notification (Final Notice of Delinquency) to
the property owner with a detailed description of the
amount owed, penalty schedule, lien procedure and
associated costs and administration fees (the penalties
and fees are designated for administrative convenience
only in the master fee schedule).
F. Lien process for Solid Waste Services.
1. Hearing and lien - Notice. When the full amount for said
Solid Waste service charge is not paid within (15)
fifteen days after the Final Notice of Delinquency, the
city clerk may set said delinquent account for hearing by
the city council at a regular or adjourned regular
meeting which will be held at least seven calendar days
after such (15) fifteen-day period has expired. The owner
of the property shall be mailed notice of the time and
place of the hearing. The notice shall also inform the
property owner that failure to pay said delinquent
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account will result in a lien upon the property, and the
amount owed will be charged to the property owner on the
next regular tax bill. Notice of the public hearing shall
also be published once at least ten days in advance
thereof in a newspaper of general circulation published
in the city of Chula vista. The city clerk shall post a
copy of such notice of the time and place of hearing, in
a conspicuous place at or near the entrance of the
council chambers in the_city hall.
2. Delinquent Accounts - Hearing and assessment. The city
council shall consider said delinquent accounts at the
time set for hearing together with any objections or
protests by interested parties. Any owner of land or
person affected by the charges may present a written or
oral protest or objection to the delinquency of said
account or the amount owed thereon. At the conclusion of
the hearing, the city council shall either approve the
delinquency and amount owed on the account as submitted
or as modified or corrected by the city council. The
decision of the city council on the charges and on all
protests or objections shall be final and conclusive. The
amounts so approved shall reflect the entire amount due,
including all penalties, interest and administrative fees
that have accrued against the account as of the date of
the hearing plus any county fees (for processing and
collecting the lien). The amount shall be charged to the
property owner on the next regular tax bill and shall be
a lien upon the property involved. The city council shall
confirm such assessment and cause the same to be recorded
on the assessment roll and, thereafter, such assessment
shall constitute a special assessment and lien upon the
property. The city council shall adopt a resolution
assessing such amounts as liens upon the respective
parcels of land as they are shown upon the last available
assessment roll.
3. Delinquent Accounts - Administrative Fee. All delinquent
accounts that are not paid within (10) ten days after
the Final Delinquency Notice has been posted may be
charged an admin~strative processing fee to offset the
costs incurred by the city in administering the
provisions of this chapter. The administrative processing
fee (designated for administrative convenience only in
the Master Fee Schedule) shall be added to the amount due
as collected by the city under section E.4, above.
G. Solid Waste Service Deposits Required When-Amount. The city
its contract or franchise agent have the right to require
deposits from the owner or occupant of any premises who has
allowed his/her bill for Solid Waste service charge to become
delinquent or who does not have an acceptable credit rating.
11
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Deposits shall be equal to the estimated amount of the Solid
Waste service charges for two billing cycles, but in no event
shall the deposit be less than ($25) twenty-five dollars.
H. Request for Exemption from fees - city approved exception
Terms for an exemption - all exemptions and extensions will be
granted for a period of not more than 180 days and shall be at the
discretion of the director of public works or his/her designee.
Applicants which have been sited with a notice of violation or
administrative citation and those that are late on sewer or Solid
Waste fee payment within the past six months will not be qualified
for an exemption.
Process for request - requests for an exemption for mandatory solid
waste services and payment shall be made on a form provided by the
director of public works. Requests on the required form shall be
completed by the applicant and submitted to the city as outlined on
the form at least five working days before the next applicable
solid waste billing cycle. An extension of an approved exemption
may be requested by submitting the request in writing at least ten
days before the end of the current extension period.
Conditions of an approved ap~lication - applicants shall agree to
an inspection of their prem~ses to verify compliance with solid
waste diversion and pay an inspection fee to the director of ~ublic
works or his designee per exemption period of ($15) f~fteen
dollars. The inspection fee shall be waived if the premises are in
compliance. If the premises are found to not be in compliance
subsequent re-inspection fees shall also be charged. Failure to
notify the city conservation coordinator or the city's contract or
franchise agent in writing prior to re-occupying the premises or
otherwise altering compliance with the exempt~on conditions, shall
constitute delinquency of payment for collection charges and
charges and penalties shall be retroactive to the first day of the
exemption period. In all cases, property owners and or their agents
will be expected to maintain sanitary premises pursuant to Section
8.24.060 including but not limited to litter abatement, clean side
walks and gutters, and yard waste recycling (as appropriate)
throughout the exemption period.
Special terms - Exemptions will not ap~ly retroactively except as
stated in a Class 1, vacancy exem ?t~on below. All exemptions
requested by tenants shall also be s~gned by the property owner.
1. Vacancy Exemption for Unoccupied Premises: In the event
that the premises are un-occupied and all water, sewer,
electricity and ~as are also disconnected, an owner or
occupant of a res~dence or business may request a Vacancy
Exemption. Should the ~remises be unoccupied due to a
death or similar hardsh~p the executor, beneficiary or
county probate administrator may request a retro-active
exemption. It is the responsibility of the occupant
and/or the property owner to cancel an exemption for
vacancy and restart service if the property is to be
occupied before the end of the exemption period. The
request for service shall be made to the city contract or
12
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franchise agent at least two regular business days before
the next regular collection service day.
2. Self-haul: Occupant or tenants of premises may apply for
an exemption from fees for all or part of the solid
waste, yard waste and recycling servlces and remove or
convey waste and/or recyclables for processing and
disposal which they generate themselves. Such persons
must provide weeklY receipts for disposal at a state
permitted landfill or transfer station and/or appropriate
recycling facility at the end of each billing cycle or
upon demand by the city or its contract or franchise
agent. Persons provided an exemption are still subject
to state mandated waste diversion goals and may not: a)
dispose of their waste in the waste receptacle of another
generator in Chula Vista or another jurisdiction, in a
park or street litter bin, b) contract with a third party
to remove and convey their waste, c) burn their waste in
their fireplace or other means, d) dispose of designated
recyclables, or otherwise improperly dispose of waste or
recyclables as established in section 8.24040,045 and
050. A self-hauler exemption is not a permit to haul
waste generated by a second party.
3. Source Reduction, Recyclin;J and Composting Exemption: The
occupant/owner of any premlses may apply for an exemption
from all or part of the solid waste, Yard Waste and
Recycling fees for 100% diversion (no disposal of any
kind, anywhere). Such persons must provide a written
descriptlon of their solid waste management plans to
comply with the state mandated landfill diversion goal
and the city's integrated solid waste management plan.
4. Property owners and occupants within an area newly
annexed to the city, that was not currently using the
city's contract or franchise agent may use the service of
a private refuse collection service other than the city' s
franchise agent for a period not to exceed one billlng
cycle. If the owner or occupant was under a pre-existing
franchise agreement with a private refuse collection
service other than the city's contract or franchise a;¡ent
they may remain with that service to the extent requlred
by law until the end of the agreement period less any
extensions in that agreement for a period not to exceed
180 days.
5. The city contractor or franchise agent may suspend
collection service and/or charges from a Large Generator
for:
i .' vacancy,
i delinquency of payment subsequent to implementation
of Section 8.24.180.E, or
iii mutual agreement by the city and contract or
franchise agent.
The contractor shall notify the city g,uarterly of all
suspended accounts that did not result ln payment.
13
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8.24.190 Reduced residential Solid Waste collection charges for
senior citizens
The city council finds and declares that single family households
consisting exclusively of one or more senior citizens (62 years and
older) do not generate as great a volume Solid Waste and, therefor,
a method should be provided which would result in a reduced
collection charge for such senior citizens that are billed directly
as part of the Small Generator category. The collection charge for
single family households consisting of one or more senior citizens
(and no none senior wage earners) that generate no more than one 32
gallon container of non-recyclable waste per week shall be based
u~on the cost established by resolution of the city council for
s1ngle container service for seniors, 62 years of age or older.
8.25.195 Mandatory Recycling for exemptions and reduced rate
customers
Where a Solid Waste rate reduction or exemption is granted
hereunder, the affected party shall not be exempted from and shall
remain subject to the Mandatory Recycling Ordinance. Each person
receiving a rate reduction or exemption shall be res?onsible for
doing there equitable share to assist the city w1th the 50%
landfill diversion goal mandated by the California Integrated Waste
Management Act of 1989 (AB 939) including but not limited to
participation in source reduction, reuse, recycling and composting
of the Designated Recyclables and Household Hazardous Waste as
applicable. Failure to comply with the Mandatory Recycling
Ordinance, or disposal of Solid Waste at a site other than the
premises where the waste was generated shall be cause for
termination of the exemption or reduced rate and shall subject the
rate payer to paying the full cost of service for the full period
of the exemption or reduced rate plus any applicable penalty for
violation of Section 8.24.040, 8.24.045 and 8.24.050 of the Chula
vista Municipal Code.
8.24.200 Interference with collection and scavenging prohibited
when.
It is unlawful for any person or persons other than the city
contract or franchise agent as defined herein and authorized by the
city to collect Solid Waste or Household Hazardous Waste to
interfere in any manner with any Solid waste, Household Hazardous
Waste, Designated Recyclables or Yard Waste container or the
contents thereof, whether owned by private persons, the city, or by
its contract or franchise agent, or to remove any such container or
its contents from the location where the same was placed by the
owner thereof. This provision is not intended to prohibit any
person, firm or cor?oration generating a reusable or recyclable
commodity from sell1ng or giving the same as he/she or it may
desire; provided, that the commodity (ies) shall be removed and
conveyed in a manner strictly in accordance with the rules and
regulations of the county department of environmental health and
Section 8.23, 8.24, and 8.25 of the Chula vista Municipal Code, and
14
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that such commodities shall be diverted from a landfill,
transformation facility, use as alternative daily cover at a
landfill or other land application or other use not expressly
recognized as diversion by the city or the California Integrated
Waste Management Act of 1989.
8.24.210 Littering-By private persons prohibited where.
No person or persons shall leave, discard, deposit, throwaway
or cause to be left, discarded, deposited or thrown away, any Solid
Waste, hazardous Waste or Medical Waste of any type includ1ng but
not limited to paper, wood, glass, plastic, metals, Green Waste or
other organic matter upon any street, alley, gutter, sidewalk,
parkway, park or recreational area in the city.
8.24.220 Littering-By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to
deposit upon any sidewalk, or street within the city any sweepings
from any sidewalk, stairway or other opening leading to the street
or sidewalk. All such sweepings or material from any sidewalk or
any other opening leading to the street or sidewalk within the city
shall be removed in a pan, shovel or other container and placed in
a container for Solid Waste, or Green Waste recycling or other
recycling container as appropriate.
8.24.230 OWner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings
in the city and the duty of all owners of vacant lots in the city
to keep the sidewalks adjacent to such premises clean and free of
any Solid Waste of any type including but not limited to paper,
wood, glass, plastic, metals, Green Waste, noxious weeds and
vegetation or other organic matter.
8.24.240 [Intentionally omitted]
SECTION II: This ordinance shall become effective thirty days
after its final passage unless suspended by a referendum petition
filed as provided by law.
SECTION III: The city Clerk is hereby directed to publish a
summary of this ordinance in a newspaper of general circulation
circulated in the City of Chula vista.
Presented by b::(
Michael Meacham, Conservation
Coordinator
H:\home\lorraine\or\chap8.24
15
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CHULA VISTA CHAMBltR OF COMMERCE e
ACCREDITED
---
November 12, 1998 -'.'-'-.11
"'·"·""""11
AN r- -~·----:·é~D-~!-:~t~- ---
INVESTMENT 1M I, . ( " ,II It
THE Ft!TURE T:"le Honorable Shirley Ho,-tcn ~- ---~.~-
Ma)'or City of Chula Vista NOV I r: 1998
and Members of the City Co¡cncil
BOARD OF DIRECTORS 276 Fourth AYe. . .-
Pr8sldont ';OUI'CII qr:F('
ChuJa Vista, CA 91910 ~L"
BnId Wilson ---- j
--
PrMlœnt EIecI Dear ~'or Horton and Men,ber!; of the City Council:
F'atri::ia BarT1llli
v.... P,eaiden"': The Chula Vista Chamb·:~ of Commerce Board cfDirectors
Renee Bardwt:I: CBoan:D has J"e\'iewed me proposed Council Item regarding collection
JoanN> CIa,101': of Unpaid Solid Waste Bills.
G.:')' Nordot'Dn1 There was co~ion ove:' the exact ~ea5on/5 this action was
!Ie, Rl::h2r:1SOn
Members: necessa.ry. Is it a matter ofFUDlic health, aesthetics or other reaEon7
Scot"~ T:'1e Board is curious ever thE City acting as a bar.king agent fer the
Patty Do... trash franchise and the prob;l.bility that ¡he cost of collecuon v.ill out
Jose Dorta strip t.\-¡e revenues.
BilIHaÐ
Ht<1ri Harb In addition, the Board is concerned over the pert:eived i:1clination
Susan Herney of our !State legislators to prohibit liens on landlords to collect debts
Kim Kill<enny incuned by ten3..Clts. The Ch unber has not had the ¡¡pportunit;y to
KevIn Krmr.zer
Len Moor. review the full text of SB 21E 6 (CoEta) which has just been signed
9c:œ Mo.her into law and which appeus to prohibit this type of activity in at
Fran M"ncoy
Robert Pemer, MD least some cities,
Jim Pierl The Chamber therefore !equ~t& that the second reading be
B;ov Turner postponed for one month to allow City Staff and the Board time to
I'øt "resident explore these concerns.
Dave Ward
Euoutlve Director Sincerely,
Rod OIlV;" c~v;): Chamber of CommercE'
Brad Wilson
President
cc: Dave Rowlands
Mike Meachum
Charles Moore, Pacific Waste Systems
City Clerk
~33 FOURTH Þ,V["UI! . CHUL. VISTA.. CALIFOII:NI... 9'91C . TEL. (610) .2D-I:,03
COUNCIL AGENDA STATEMENT
Item_L
Meeting Date 11/17/98
/'l,Zt!
ITEM TITLE: Resolution Adopting the 1999 Legislative Program and Legislative
Work Program.
SUBMITTED BY: Legislative Committee ~
Colleen M. Kelly, Intergovernment Affairs Coordinator
REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_NoX)
The Legislative Program represents the City Council's position on items likely to be acted upon by
the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at
the beginning of each two-year legislative session and amending it at mid-term, Chula Vista can take
a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative
priorities.
RECOMMENDATION: That the City Council approve the resolution adopting the 1999
Legislative Program and Legislative Work Program.
BOARD/COMMISSION RECOMMENDATION: This report from the Legislative Committee
reflects their comments as well as input from the department directors. A copy of this draft was sent
to Council as an Information Item 10/29/98; No City Council comments had been received as of
11/9/98.
DISCUSSION:
Back!!:round
The purpose of the Legislative Program (as instituted by Council Policy 300-01 in 1987) is to
identify and adopt position statements regarding a variety of issues which reflect the policy and
direction of the Council. This action sets guidelines which permit staff to make timely responses
consistent with Council's desires to sponsor, support or oppose bills during the legislative process.
By taking action on a comprehensive program at the start and midpoint of the legislative and
congressional sessions, the City is able to work with our local elected representatives to introduce
needed legislation as well as proactively position itself on a wide range of issues.
Presented in this report is an updated 1999 Legislative Program and a Work Program to guide staff
and our legislative consultant throughout the 1999/2000 session.
7-/
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Page 2, Item_
Meeting Date 11/17/98
Lel!islative Prol!ram
In general, the Legislative Program lays out the City's positions in the following subject areas:
A. Bayfront/Redevelopment
B. Fiscal Support/Home Rule
C. General Government
D. Housing and Community Development
E. Economic Development
F. Land Use Planning
G. Environmental Protection
H. Public EmployerÆmployee Relations
I. Public Liability
J. Public Safety
K. Public W orks/Transportation
L. Recreation
M. Library
The program is administered by the Legislative Committee. Items included in this document are
generally non-controversial, and include:
· Supporting additional State or Federal funding for local government and/or Chula Vista
programs
· Opposing unfunded mandates
· Protecting City planning and land use authority
· Recommending refonns in various state and federal programs
Via unanimous adoption of the program by the City Council, related bills can be acted upon directly
by the Legislative Committee, so that the City's position can be communicated to legislators in the
quickest, most effective way. Notification of positions taken and copies of any letters sent are then
forwarded to the City Council for infonnation.
In addition, through the efforts of the League of California Cities, professional organizations to
which various city staff belong, or as a result of research by the City's lobbyist, legislative proposals
may be brought to the attention of the Legislative Committee which are not covered by the
Legislative Program. These items are brought to the City Council for review and direction.
ProDosed Chanl!es for 1999
The proposed amendments address issues raised during the 1997-98 Legislative session, new City
Council priorities, and new priorities in Sacramento and Washington. The remainder ofthe program
is carried over from the 1998 Legislative Program, as adopted by Council 12/16/97.
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Page 3, Item_
Meeting Date 11117/98
In most cases, the City's priority issues for 1999 (e.g. capping or reversing property tax takeaways,
obtaining funds for the Chula Vista Nature Center, protecting Federal CDBG allocations) are already
included in the Legislative Program and thus do not require any amendments.
A complete list of amendments is shown in Exhibit A, with additions denoted by underline and
deletions by strikeout. Individual amendments are generally accompanied by a brief justification
for their inclusion. Major amendments as proposed are listed below:
Supporting efforts to:
· Facilitate the dismantling of the SDG&E South Bay power plant and assist with the
redevelopment of this bayrront property.
· Ensure that upon sale of the South Bay power plant, the City/Redevelopment Agency
receives its appropriate share of tax increment (treating the plant as a non-unitary asset) and,
upon dismantling of the plant, the City/Agency receives in-lieu revenues to replace those
monies lost as a result of plant relocation.
· Create incentives for renewabJe power generation.
With an up-to-date Legislative Program, staifis better able to communicate the City's interests to
Congress and to the State Legislature. Most importantly, we will be abJe to communicate that
message to our State and Federal representatives and work with them to introduce or advance
legislation effecting Chula Vista's priority issues.
The State Legislature convenes on December 7, 1998. In anticipation of a new Governor being
seated, there is great speculation surrounding the draft State budget (which will be published on
January 10, 1999) and its impacts on local government. Sacramento's deadline to introduce new bills
for 1999 is Februarv 28. Since this window of opportunity is a short one, Council is encouraged to
share at this time any additional issues or interests they have in pursuing changes in state law.
Lel!islative Work Prol!ram
In an effort to maximize the City's resources and impact at the State level, the attached work program
(Exhibit "B ") has been developed to guide staff and our legisJative consultant. This document is the
result of discussions with City departments and the Redevelopment Agency staff, as well as past
input rrom Councilmembers. It serves several purposes: a) as a work plan for staff and the
legislative consultant; b) as a means of narrowing the scope of the legislative efforts to specific
issues of concern to Chula Vista; and, c) as a valuable tooJ for setting the City's agenda and
evaluating our lobbying endeavors in the state legislative process.
7-;S
Page 4, Item_
Meeting Date 11117/98
The proposed work program is divided by category and priority. Included is a description of each
request and recommended follow-up action. The priority assigned to projects is based on the
following criteria:
· Urgency (i.e. significant cost or need)
· Timing/political climate in Sacramento and Washington
· Feasibility
As an example, maintaining or increasing current revenue allocations from the State is rated a
Priority 1 because of the amount of money being lost each year to such programs as the Educational
Revenue Augmentation Fund (ERAF takeaways) and the fact that these losses have reduced the
City's ability to maintain the levels of service it provides to the residents of this community.
Lower priority items range from those having a significant fiscal impact but lesser political viability
(e.g. sales tax reallocation; Priority 2), to projects with low direct fiscal impact to the City (e.g.
increase the percentage of post-consumer packaging requirements; Priority 3). Updates of the work
program will accompany staffs Legislative Program Quarterly Status Reports to keep Council
informed of progress toward these goals.
FISCAL IMPACT:
Amendment of the Legislative Program and Work Program for 1999 does not result in any direct
cost to the City. There are fiscal impacts, however, associated with this program; specifically the
City's contract with a legislative advocate in Sacramento (The Wilson Group), which is capped at
$66,000 per year. In addition, success in achieving the goals of this program can lead to significant
fiscal impacts.
Although these impacts can be difficult to estimate (e.g. issues of land use control, potential civil
liability), the City's legislative efforts have yielded substantial, concrete cost results. A table which
presents details of these results appears on the following page.
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Page 5, Item_
Meeting Date 11 /17/98
In 1998, Chula Vista's major victories included:
1998: POSITIVE FISCAL IMPACTS
Issue Revenue Comments
TEA-21 Appropriations $5,000,000 For construction of Olympic Parkway
from the Olympic Training Center to
Hunte Parkway
Extension of Redevelopment $13,500,000 City Redevelopment Agency able to
Project Areas through 2024 collect tax increment on various project
areas through 2024.
Special appropriations $254,300 Park projects approved by Governor
Iocreased appropriation for the $184,000 Represents a $90,000 increase for City's
Public Library Fund Library budget for coming year.
Supplemental Subventions $53,659 Owed to City since 1994/95
TOTAL REVENUE $18,991,959
Finally, as we look to Chula Vista's goals for 1999, the City will focus on the following key issues:
· Improved protection for local government revenues such as the VehicJe License Fee,
including a constitutional amendment to prevent future State raids on city funds
· Reauthorization ofthe State COPS program funding
· Allocation of Petroleum Violation Escrow Account (PVEA) funds to Chula Vista projects
· The sale and dismantling of the SDG&E South Bay power plant coupled with protection of
the City/Agency tax increment associated with this facility
· Reversal of the current State take-away of local property tax revenue into Educational
Revenue Augmentation Funds (ERAF)
Attachments:
1. Resolution
2. Exhibit A: Proposed 1999 Legislative Program
3. Exhibit B: Proposed 1999 Work Program
c:\...\991egprg.1 ~
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RESOLUTION NO. /9c2tj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 1999 LEGISLATIVE PROGRAM AND
LEGISLATIVE WORK PROGRAM
WHEREAS, Council Policy 300-01, dated January 1987, provides for the
adoption of a City Legislative Program; and
WHEREAS, the Legislative Program represents the City Council's
position on items likely to be acted upon by the State Legislative, Congress, or
administrative agencies; and,
WHEREAS, by adopting a Legislative Program at the beginning of each
two-year legislative session and amending it at mid-term, Chula Vista can take
a proactive role in sponsoring, supporting, or opposing bills related to the
City's various legislative priorities; and
WHEREAS, an updated 1999 Legislative Program and Work Program to
guide staff and our legislative consultant throughout the remainder of 1999/2000
session are recommended for adoption by the Legislative Committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt the 1999 Legislative Program in the form set forth
in Exhibit "A".
BE IT FURTHER RESOLVED that the City council does hereby adopt the
1999 Legislative Work Program in the form set forth in Exhibit "B".
BE IT FURTHER RESOLVED that staff and the Legislative Committee are
hereby authorized to implement these programs.
Presented by Approved as to form by
Colleen M. Kelly, Intergovernmental
Affairs Coordinator
H: \home\lorraine\rs\legprog
7·-"
PROPOSED 1999 LEGISLATIVE PROGRAM
EXHIBIT "A"
A. Bayfront - Redevelopment.
1. Support efforts to:
a. Provide funding for urban waterfront restoration projects and the enhancement of the waterfront
within the southem San Diego Bay.
b. Provide funding for the Chula Vista Nature Center flam the EfiyÏ:lôM1GMfLI LietllJG Platt FttiHi 61
ôtha 3tftte/f,à.el M,1 ,!,iôl'I.al Jôl:lf etJ. Deleting language which appears in strikeout format provides staff
maximum flexibility to pursuejunding opportunities for Nature Center.
c. Amend the State Community Development law so as to allow a jurisdiction to combine tax
increment from all projects for use in a specific project.
d. Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per
month).
e. Seek Pari DiJft'-i.et Stat, Lmub CôftUl1ÏJJiôll :l"ßõl!.MÜfðtiõl1 ôftiàebmåa15ôHHàMiß3 in eôðpenltiôn
YO itk nr Côôàrieh ana 'hft') flam de. elapef3 Îft ltfl eff¿H't t8 lilake eeKei Rae ôf land a. ailahle fôl
de. dôþment. Staff recommends moving this item to the Legislative Work Program. The Work program reflects
issues on which the Council would like pro-active efforts by the City staff, rather than reactive responses to the efforts of
others.
º' Facilitate the dismantling of the SDG&E South Bav power plant and assist with the
redevelopment of this bavfront property.
2. Oppose efforts to:
a. Discontinue State supplemental subvention for redevelopment agencies.
b. Further control or restrict the use of tax increments in redevelopment projects.
B. Fiscal Support - Home Rule.
1. Support efforts to:
a. Permit retention and control by local governments of a greater portion of revenue generated by
Federal, State, and local taxes, fees and fmes (e.g. vehicle code fmes).
b. Require the Federal government and State to reimburse local govemments for all mandated cost or
regulatory actions or which allow cities to cease performance of unfunded mandates.
c. Retain maximum flexibility in the administration of Article XIIIB, XIIIC and XIIID of the state
constitution (XIIIB:the Gann Ioitiative--Iocal expenditures are limited by population growth and
CPI factors; XIIIC & D: Proposition 218). Mia M e.lari!)ffatilitate. ¡fit ~þli8atiðl\ ðfPi õl'õ3itiðR
218 nitl.18ttt þla.tittg ftfl. tmàttt fbtal õl aàmifii3tJ.ati., I5tuàtn 8:n.lõëal ~ð. tlllffitM. Stricken
language reflects issue which has been resolved.
d. Expand local autonomy or the home rule authority to govern municipal affairs.
e. Enhance the quality of urban life by funding the creation, improvement, or expansion of parks,
1
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libraries, community services and infrastroctore, such as roads, flood control, etc..
f. Provide state/federal funding for construction or renovation of public buildings such as
community centers, libraries, civic center. etc.
g. Expand the sales tax base to include mail order sales/home shopping sources. internet-based
commerce.
h. Provide that cities and school districts can issue general obligation debt with a majority vote
instead of the current 2/3 vote requirement.
i Ensure that UDon sale of the South Bav Dower Dlant. the CitvIRedeveloDment Aeencv receives its
aDDToDriate share of tax increment (treatine the Dlant as a non-unitary asset) and. UDon dismantline
of the Dlant. the Citv/Aeencv receives in-lieu revenues to reD lace those monies lost as a result of
nIant relocation.
j. Provide for fiscal reform in the form of greaterreliability, certainty, and equitability of state
funding for local governments.
k. Reallocate sales and property taxes to the benefit of local governments iI'le1\1àil'''\. ¡ofmM ef
Piðpõ3itiðn 172 ij5ttblic. 3Mtt) half eel'l.t :JfiIGJ tft'x),~. ÏJe~ {manila] (e.g. SB 8 (1996)), 8f
Edtt.eMiðtt.M R:e. ¿¡IUt, Att.~enffi.ti8n. Ftin,à. ~Iõl'G~ 'tæ! tSH:.eA"a)J. Deleting those words which appear in
strikeout format provides maximum benefit to City.
1. Permit eovernment aeencies to DasS thrOU!Ù1. to the consumer. the bank fees associated with credit
card transactions.
NOTE: The City would be better able to offer the convenience of credit card usage to area residents/businesses if local
government were not prohibited from passing-on these bank costs to the consumer.
2. Oppose efforts to:
a. Restrict or allocate the use of Transient Occupancy Tax revenues and/or Business License Tax
revenues.
b. Exempt residential users from the Utility Users' Tax.
c. Reallocate fmes and forfeitores to the detriment of cities.
d. Repeal Gas Tax exemption for local agencies.
e. Reallocate sales and property tax revenue to the detriment of cities.
f. Limit cities' authority to enact or impose mobilehome or residential rent control.
g. Limit cities' authority to enact and assess fees to recover the full cost of providing user-specific
services or to recover the full costs of assessment district maintenance.
h. Iofringe on home rule authority to act on local budget and fiscal matters or other municipal affairs,
or to impose unfunded mandates onto local government.
i. Overhaul the Califomia Public Records Act in a way that would: restrict cities' control of the
means of access to information assets (e.g. computer databases, proprietary software), limit cost
recovery for providing such access, or violate the privacy of the parties from whom the data was
collected.
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C. General Government.
1. Support efforts to:
a. Subject the State Legislature to the same requirements for public meetings, advance agenda, etc.
as currently imposed on cities through the Brown Act.
b. Eliminate the State's requirement which mandates Project Committee and/or Boards &
Commissions members to complete a fmancial disclosure statement.
e. Fre~ tllG Jð11iI'IG ),an81 ôf fællþsigfl metôlif. litH! d.iJtôI1i8li. This topic is subject to arbitrary and subjective
interpretation.
c.d, Limit to I % the amount of administrative costs the Board of Equalization may charge to
administer local sales taxes such as San Diego's half-cent sales taxes for transportation and justice
facility construction.
d."" Facilitate increases in Open Space District assessments by an amount not to exceed the Consumer
Price Index (CPI) or higher if increased costs are beyond the control of local governments (e.g.
imposed by water districts).
e.? Select Chula Vista as the site of a new University of California or other four-year institution, as
well as efforts to facilitate such an eventual designation.
f.g; Provide funding for Chula Vista SMARTCommunity program, alternative fuels programs
tdßt~erH~l þlô~ftlilJ and other technology-based projects. The Chula Vista Telecenter will be closed at the
end of October, 1998.
(NOTE: Although most outside funding will likely continue to be from grant or city funding sources, some
"demonstration project" hardware purchases may be possible through specìa1legislation. State Petroleum Violation
Escrow Account (PVEA) funding remains a possibility, but limited funds remain in this account and 1999 is likely to be
final year of allocations from this source.)
2. Oppose efforts to:
a. Mandate district elections in all cities and/or school districts.
b. Limit: imposition of franchise fees, taxes, or other compensation for use of public right-of-way;
local rate regulation; operational oversight; or right-of-way controls on cable television operators
and other telecommunications providers and utilities.
£, Preclude cities from collectine Utility User's Tax (oUT) revenue on cellular or dieital teleohone
use when neeotiatine OUT a2Teements.
ge. Impose border crossing fees on the U.S.fMexico intemational border.
D. Housing & Community Development.
1. Support efforts to:
a. Exclude redevelopment agencies from competitive bidding statotes and fair market value
restrictions for resale of public properties to permit joint development of public facilities by
private developers upon fmdings of public benefit.
b. Extend the following three Federal Low-Income Housing Programs:
i. Mortgage Credit Certificate Program for low/moderate income home buyers;
ii. Tax Credits for low income housing programs; and,
iii. Continue funding for HOD HOME and HOPE Programs.
3 7-9
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c. Change Federal banking regulations to exempt banks from having to count fmancing or Letters of
Credit for low income housing in their risk capital limit calculations.
d. rm..M.I.~õ Md àeye18~ aààitiðnal Jtak. Y.:.klðflJ 1.õftlð(3) Mid 3Rt: 311611 8. hðft1Ð ifl. Chtda VÜta. This
goal has been achieved
d.e, Provide additional or enhanced state/federal or other assistance to first-time homebuyers,
including efforts to increase funding for the City's Mortgage Credit Certificate program.
e.f, Support principles for housing element refonn legislation as recommeoded by the SANDAG
Housing Element Advisory Committee and approved by the SANDAG Board.
f.go Prevent the loss of affordable housing units through federal funding for acquisition of at-risk units
by non-profit agencies; and special "Section 8" subsidies for affected low-income tenants.
¡, Encourage the use of altemative dispute resolution measures. as opposed to costlv and time
consumine litie:ation. in condominium and townhouse construction defect challene:es.
NOTE: The proliferation oflawsuits over alleged construction defects has led to a nearly complete withdrawal from
condominium/townhouse construction by the development industty throughout CaJifornia. These attached homes are a
critical element in the firsHime home buyer market.
2. Oppose efforts to:
a. Grant the State or Federal government approval or veto authority in the implementation of local
redevelopment and rehabilitation projects.
b. Prohibit any state agency from making subventions, fmancing, insurance or any other kind of
assistance, available to any city or county which has in effect any rent control measure.
E. Economic Development.
1. Support efforts to:
a. Enhance California's overall business climate.
b. Provide funding, programmatic support or other assistance to the Border Environmental
Commerce Alliance, Border Environmental Techoology Resource Center, and Border
Environmental Business Cluster, and to the Chula Vista High TechfBiotech Zone Western
Regional Bioprocessing Center, proposed contract biotech pharmaceutical pilot manufacturing
facility, and other Chula Vista economic development initiatives.
c. Continue or enhance funding of:
1. Califomia Trade and Commerce Agency
2. California Defense Adjustlnent Matching Grant program
3. U.S. Department of Commerce, Economic Development Administration (EDA)
4. U.S. Housing and Urban Development (HOD) Economic Development Initiative and
other business assistance programs
5. Export assistance, defense conversion, technology transfer, business incubators, job
training and other economic development programs for which Chula Vista businesses
would qualify and secure such funding for Chula Vista projects and/or businesses.
d. Create or enhance targeted business assistance programs (such as state Enterprise Zones or federal
Empowennent Zones) with eligibility criteria that would include Chula Vista.
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e. Create or enhance programs which support international cross-border commerce.
f. Increase the flexibility of the use ofHUD Community Development Block Grant funds as they
relate to general economic development projects and programs.
g. Increase flexibility of the California redevelopment laws as they relate to general economic
development programs including efforts to extend the life of redevelopment project areas.
h. Continue authorization for the Community Reinvestment Act and additional legislation to
maintain accountability for lenders as relates to their small businesses development programs.
F. Land Use Planning.
I. Support t:ffôrtJ tõ. measures which: grammatical correction
a. Strengthen local government's powers and capacity to prepare, adopt and implement fiscal plans
and programs for orderly growth, development, beautification, and conservation oftheir planning
areas.
b. Are consistent with the doctrine of "home rule" and the local exercise of police powers, through
the planning and zoning processes, over local land use.
c. Expand the land use, conservation, and growth management policies of municipalities to the
unincorporated territories within their spheres of influence.
d. Broaden local government's power to require developers and subdividers to provide the on-site
and off-site facilities and inftastructure needed by their projects.
e. Maximize the authority of the City to exercise local control over general plan decisions.
f. Require special districts to adopt facility master plans which are consistent with City and County
general plans and growth management programs, and to adopt five-year capital improvement
programs and fmancing plans which are consistent with their facility master plans.
g. P~1"l11it plÔC'J3in~18. ià~ funå.il'A fôI ß 11B:Mtl EIR f¿H ei8meàÜ~ß}¡'hiôtedi ittàt1Jfiial
dG. ëlôJuneftt in Chtda Ybta. This goal has been achieved.
2. Oppose efforts to:
a. Abridge local government's ability to effectively plan, or regulate local land use including:
amendments to the laws governing the local agency formation (LAFCO); legislation which would
fmancially overburden local governments in their efforts to amend planning policy, regulate land
use through removal of incompatible developments, redevelop blighted areas, or annex territories
which are within the spheres of influence.
b. Site a lë!!,iõJ'ltH BY èi natiõaal ai:J:p8rt in tIt" Ot~ 11~3a ftffft.aÎmorts which would adversely imDact
the Chula Vista area. Jœvised language more accurately reflects City concerns.
G. Environmental Protection.
I. Support efforts to:
a. Require an environmental impact report (EIR) for large projects/utility mergers.
5 7-//
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b. Obtain funding for: wetlands and riparian habitat acquisition and restoration, for acquisition of
land for multi-species habitat conservation planoing, for acauisitionldeveloomentl maintenance of
ooen SORce. ereenbelts. rivers. streams and trails. Addition of this language allows deletion o/item "h" below.
c. Fund planning and land acquisition for Natural Community Conservation plans.
d. Obtain funding for a comprehensive environmental management planoing effort for San Diego
Bay.
e. Prohibit the granting of new leases for oil and gas development in state-owned coastal waters off
of San Diego County.
f. Encourage the installation of water conserving fixtures in existing residences and businesses.
g. Obtain funding for water conservation to include the construction of reclaimed water distribution
systems, and fixture and irrigation system renovation and retrofit.
II. D~.~18~ afi ôn~ðing, II~littl51e Jkttenid" mflài:ttg 38ttfee t8 acqttö" de ,dB!, ftfl.à/Ôf maintain 8l'eft
.31'8.¿:G, !,Ieentieks, ri.eIJ, JUGð11'1J tmà ft"ai13. See comments in item "b" above.
i. EXþMld ð:l.1à tItili:rx. "xjJtin~ IfttiàE.lla in 1fte 'ô jI'1~. Intent more accurately reflected in item 2.a., below.
h.j-: Encourage post-consumer recycled products use in manufacturing, residential and business
applications through incentives, educations, promotions, etc.
Lit, Enact HRth in Iltbeling nile,] nftiek idëntif) fi I'fôàHa'J I,~iônal Iee)elMil~, and its pôM
eôR3Htnel Iee)eled. eôflt'M. Ensure lom!-term ae:reements which Dfovide recvcline: incentives
and/or orofitable markets for a broader range of oroducts than are currentlv recycled. Revised
wording more accurately reflects City recycling goals.
j.1-: Require "disposal warning" labeling on household hazardous materials, which reduce the use of
toxic materials, and which promote nontoxic alternatives to present materials.
k."" Require minimum content standards for use of recycled materials in manufacturing processes.
1.", Provide funding for environmental enterprise incentives, specifically Recycling Market
Development Zones (RMDZ).
(NOTE: The RMDZ program has been extended through 2006. Chula Vista and the City of San Diego now have a
signed MOU for an RMDZ parblership. Program anticipated to be up and running by Spring of 1999.
m.tt:' Continue authorization for bottle bill legislation, such as AB 1467, Ch. 1259, Statutes of 1993 and
SB 1178, Ch. 624, Statotes of 1995, providing state payments to agencies which operate curbside
recycling programs.
(NOTE: State support under this law helps subsidize the City's curbside recycling program. SB 1178 extended various
provisions through 1/1199, but the form of the bottle bill program and its support for local curbside recycling programs is
a continuing issue. Staffwilt work with area lee:islators to develoD a lone-term solution to best meet the needs of
consumers and the recvcliOlz industrv.)
n.I" Expand the bottle bill or other advance disposal fees in a market-driven manner to provide
recycling incentives and funding for other materials, such as liquor and ftuit juice bottles and ~
ftlôt61 ôil household hazardous waste. Revised language more accurately reflects recycling needs in 1999.
(NOTE: Additional bottle bill designations and deposits would increase recovery of recyclables and assist in cost
recovery of curbside collection.)
0.", Eliminate plastic and glass processing or handling fees.
(NOTE: These fees are assessed to manufacturers rather than consumers and thus do not provide an incentive for
consumers to recycle. None of this funding supports local curbside programs.)
6 7-);2,
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..... -_.- - ..__.~---~~-_.,
p.r, Enact a statewide landfill ban on designated recyclables.
(NOTE: Such a ban would encourage development of new feedstock capacity and strengthen/stabilize long- term
markets.)
q.'" Reauthorize the Federal Water Resources Act, including provisions to raise the reimbursement
limit and provide reimbursement for construction expenditures.
(NOTE: With a revised reimbursement limit, Chula Vista could be eligible for up to an additional $5 million for further
improvements along the Telegraph Canyon Creek flood control channel.)
r.t Modify the Clean Water Act to Ai., tn, C~ ðfSftn DÜ~g8 an eXeBl15ti8ft I'ftther Hum a nai.er H8R1
1h~ J'ßttttHëftlëM ôf ~tlatlir1!. tllë Pðmt Lfil11a tfeftt:tl1eftt plant tõ ti JceôIHi~ ftêMtUem: faeil~ or
þIô,iding IeelaÏil1eà ..ater allow the City of San DielZo an exemotion from CUlTent "mass emission
reduction" reauirements. Text has been struck which is no longer applicable; new text reflects the concern that as
the regional population grows, it becomes i1ifeasible to continually reduce the amount of mass emissions deposited into
the ocean.
S.tt: Limit environmental mitigation requirements for construction and maintenance of drainage
facilities in urban areas especially in developed neighborhoods.
(NOTE: At present, the City may be required to purchase mitigation land amounting to as much as four times the project
size. With projects in developed neighborhoods, mitigation requirements can require more complex drainage
improvements and the dedication of larger portions of the property owner's lot.)
.. Rel'~8l1.B J 158, Ck. 1796, SfttW.t~3 ef 1999 (FiJk Mid Ctm1~ fee3) Courts have ruled that this fee may
not be charged; Dept. of Fish and Game has ceased charging to local governments.
I."" Grant local agencies authority to file appeals with the State Water Quality Control Board
(SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB).
x. IH WI) l'Iel'ð3lth fðr tttilit) IèJ8tiëlltling, l)l'IC3enC leGal ~ëJle) t=.Ie*ibil~ te he an lteti.e
partiei15mH in li!,gIëgltting ôr Jen ing l6G4l er1ëIg) ftceà3, and 2) Uleôttlli!,e tIlë iJl1plGJl16ntlttiôIl ôf
IG3idefttial I~ reli~f. Utility restructuring legislation completed.
). Prô.ide infõIll'Uttiõft an "3Ôl:tfee efpô..eI g.enerstieH" tõ allô.. eeIlJtH11eI ehôiee õr meeftti.ëJ tô
pmooa3ß lënenttble elt..eIg). Encompassed by utility restructuring legislation.
U.Z': Advance the use of low-emission and zero-emission vehicles through market incentives, credits,
rebates, public/private partnerships and other innovative solutions.
L Create incentives for renewable power generation and distribution.
NOTE: This action will foster competition among many power generators, including "green power" sources.
w. Create incentives for energv-efficient building programs.
1[. Develop and applv a standardized. state/national defmition of "green power".
L Reauire "truth in labelin!!" with resoect to "!!Teen Dower" e:enerators and Droviders.
;h Oppose efforts to:
ª' Site a new landfill in the South Bav.
11. Nullify or weaken the current climate change treaty (Kvoto Protocol) which reauires the United
States to reduce its greenhouse gas emissions bv 7% from 1990 levels bv 2010.
NOTE: Federal funding related to this treaty supports local energy efficient building incentive programs as well as
alternative fuel programs endorsed by the City.
7
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H. Public Employer-Employee Relations.
1. Support efforts to:
a. Protect the rights of cities to establish conditions of employment, including hours, wages,
employee benefits, the meet and confer process, appeal procedures, and management rights.
b. Reform California Workers' Compensation Program to reduce public costs and tighten
restrictions.
c. Amend the Fair Labor Standards Act to ensure that executive, administrative and professional
employees still qualify as exempt.
2. Oppose efforts to:
a. Impose restrictions on the scope and authority of charter cities to control their own health plans or
retirement systems.
b. Mandate the inclusion of local government employees in the Social Security System and/or
Medicare.
c. Increase workers' compensation benefits without also making needed reforms.
d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working
conditions which are properly determined through the meet and confer process.
e. ~fanàttte MGnfal h~a1th eð. efage if~ gfôllþ 1.'6Ith iftJtlffHU~l þlana.Mandate bindine: arbitration in
DubHe emDlovee disDuteS. Mental health coverage has been made mandatory.
f. Reduce local control over public employee disputes and impose regulations of an outside agency.
g. Prohibit an employer from testing an employee or applicant for employment for illegal
substances.
I. Public Liability.
1. Support efforts to:
a. Change the legal principal of "joint and several liability" to protect the City against "deep pocket"
liability.
b. Reinforce public entity design and discretionary act immunity.
c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of avoiding
a police pursuit.
d. Minimize governmental fmancial exposure to frivolous lawsuits and improve liability protection
for governmental agencies and their personnel.
e. Expand the existing list of "hazardous activities" so that public entities and public employers are
not liable for injuries to any individual(s) who participate in these activities (e.g. skateboarding,
rolIerblading).
2. Oppose efforts to:
8 7~),/
H_ - - -- -,~---~--.".~.--,-".,--.-..,....-
a. Further erode government immunity.
b. Force the City to accept risks it would not normally accept in the ordinary course of business, such
as in the case of mandating acceptaoce of below-grade or low-grade sureties on performance
bonds or labor and materials bonds.
(NOTE: Such mandates can result from special interest legislation ftom insurance or financial industries.)
£, ReDeal ProDosition 213 (996) which Drevents uninsured motorists from collecting damages.
other than oroDertv damages. through litigation.
NOTE: Trial Lawvers Association continues its efforts to reveal this ballot measure. which Drotects the Citv (among
others) from undue liabilitv.
J. Public Safety.
1. Support efforts to:
a. Strengthen present State and Federal laws which give local governments the power to further
restrict or regulate prostitution.
b. Increase penalties for the manufacture or sale for profit of dangerous or illegal drugs incltldmg b\it
lið! limited tô PCP, nl~thði~}u~tftfninL and limcðti£3. Revised wording provides staifwith maximum
flexibility /0 support legislative proposals on this issue.
c. Prohibit the sale and brandishing of replica or facsimile firearms.
d. Toughen drunk driving laws, penalties or enhancements.
e. R:e.éltiÌR: ftðtiHGtttiðn "he gi. ~Ii ffi laetH laY> trifðfeßH~ß8t þIiôJ t8 tfie l~lelt3e ôf a l'fÏ3Ôfter in. that
Gõtt:tH} /Cit). This practice is a/ready followed
e.f, Strengthen the City's ability to regulate the public display of material which is harmful to minors.
g. Peul'lit fôIftÏflwe 8rall aJJ~t:J ðf à:t:t1g àeaklJ ..k.ieh ..ðtilà ålen hë eôl'llmitt~à 1B àtttg enrere¿;,m"nt
I'f8£,lMflJ. This goal has been accomplished.
h. Allô.. æggin!, (LG. JGlialiuà iàGntifiGíttiôJ'l) ôfeeerk"!,J in Mi dI8rt t8 I~àtiee 1IfI.àèJ ~"
GÔliJtlmpti8ft of aleôholie 156. erage3. This practice is no longer being pursued by the City's Police Department.
f.t, P"lmit the Mftffifl!, ôfPhotB lltiàftf p8JHI h) I'Iðl'eilj ft"ain"à llðll J..ôI1l I'eI38ßftel. Lei!alize
alternative methods of Dolice enforcement activities such as the use of Photo Radar. Revised text
reflects broader range of options available to law enforcement staff.
j. P6ftllit the iJ3tittflee 8f a pfttKÔ Jadm: eiffiti88 18 tJ.i~~GI the ð:l'fe3t y,ðlumt þIBee3:1. Encompassed by
item 'j' above.
g.1t, Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile
crime and alcoholic beverage control.
h.t Provide funding for local police staffmg, programs or equipment.
i.m. Develop a uniform "junk gun" ban which does not restrict the type of weaponry used by off-duty
law enforcement officers.
j.It; Protect local governments' abilitv to establish/determine the level ofEmergencv Medical Service
(EMS) Drovided within their own boundaries.
9 7~/.5
"---- ~ .-------_._~ ~._.~.-.._..._--------~---_. - .-.,-
k.... Provide reimbursement to local!!ovemment for "first resDonder" costs associated with nre-
hosDital treattnents such as those Drovided bv local fire deDartment Dersonnel.
2. Oppose effotts to:
a. Preempt local DubHe safety ordinances. tôlltemmg peœll..ltôn.ôl S}Jlåiôfftß
b. Reduce StateIFederal funding for public safety programs.
£. Reduce or imDair the authority of local agencies to control graffiti. curfews. iuvenile crime and
other Dublie safety issues.
K. Public WorksfTransportation.
1. Support efforts to:
a. EI'i8.~ ele-ftfl. up l'Û:datiðl1 I ßIM6ð tõ t1MlJpðl1atiôB :funding. This goal has been accomplished.
a.b, Provide funding which would complete missing freeway links; emphasis on SR-125 and I-90S.
(NOTE: Private toll·road funding may provide a needed boost to complete this transit corridor and take additional ttaffic
off Chula Vista surface streets. Construction of the Sweetwater segment of SR-125 has begun. It is in the City's interests
to ensure that completion of the project remain a high priority for the State.)
b."" Fund local transportation projects.
c.d, Reduce municipal costs associated with CalTrans projects.
d."" Allow local agencies flexibility in compliance with the Americans with Disabilities Act to provide
the greatest benefit to the local disabled population, rather than committing scarce resources to
achievement of2% maximum sidewalk and driveway slopes.
e. Revise speed limit laws to allow for radar enforcement of residential street speed limits (e.g. at
levels below the 85th percentile as determined by a traffic study).
10 7-)"
1\. ChtfiF} ~~rttlin I'IðYÎJi8ftJ afPiôl'ôJitiõn 218, Jl'eeifieall).
(I) àdtmlÌf\e &(1t A;JàtJJß'1ënt DiJtfiets "hich ha" akea~ },feR fÔl"ll1eà e) l"e3ôltltiôft, mui
fe-I ..kiek lteMm.!:,J t3 apPlô.ð 1:he eÔl1JB.til.tiôn. õf in.1Ju8.emeftt3 ..ere held 15riõ1 t3 Hi,
þfiJ3lt!,~ õfPI8158Bitiðn 218 l:lftà fðI nhieh ..81Ii: küd ðëëfl. 81 d.eIêd t3 be ¿{ôRe ¡5-fiôf 18 th,
}'ll'33l11,ê ôfPI8p8!JitiôR 218, 81' C"xem15t Ífôfi1 thë "Jëêõn.à kemine;" IeqtiÏ:Iem-eM 8f
P1ôl'ôJitiðn 218, Mitt
(2) åetel"ftlÎf1e that fötme. A3Je.:JJl11etlt DÍJHietJ [81"llied tHukr the 1911 At! Mld ðÑieI
......JJeJ.!Jment J..et3, that Gall föI fi..,ô ke8:ltng3 è) ld.., lð.qööe 6. .81.8 at il18 flut heæing
8n~. Cö.uCfttI), ¡fie. þ1tlþðJe ôfå\ë fflJt nettling iJ t6 f31m a àiJhiet Mid ðIder ..8Ik tð be
done, åie ptUpÔJe ôrlhe Jeeðnà hëming iJ 18 ßõnflfft1 th.e liJJe3Jft1ênt aftei ..81k haJ been
e8ftl151eteà mitt fmal e8313 1t11.e è{iß1i àetel"ftlÌileà.
ftT9'FE. 'FILL IIt..af4 JM.b 'F,wfIHt5-enJ' .\JJMllatiÔfl dIee1i.el} hlõLk.e4 all ¿ffm'Í'!I16..ðfå th.i3 gBW is 1997. It
ðf>1:H~MS that thi3 mAttel .. ill flõt be fthle t6 h~ ad4Jc:ue4IegieJlati. ell an.4 t:hat ce.tut aetie.l1 .. ill be fleeàd t8
...,;I.:~.~ .':'':'GLL:"u"," t:I......" :......u...... No longer needed.
g.lt. Require CalTrans to allow cities an exemption ftom CalTrans' public works project requirements
if CalTrans is not meeting those same requirements.
(NOTE: Chula Vista was required to spend approximately $100,000 on a recent signalization project in order to meet
specific CaJTcans' road-widening requirements when CalTrans itself has not met these same standards on their own
public works projects. This recommendation is consistent with Council policy to oppose unfunded mandates.)
h.t. Amend PUC regulations to prohibit utilities ftom locating cables directly into concrete sidewalks
and require said cables to be placed 24"-36" below sidewalk surfaces.
(NOTE: Engineering staff reports a growing problem in finding telephone cables embedded in the concrete sidewalks.
Sidewalk reconstruction becomes virtuaHy impossible without damaging the cables.)
i.j. Exempt all City vehicles ftom the Biennial Inspection of Terminals program requirements for
"drivers hours of service" during emergencies, similar to the exemption granted to gas and electric
companies.
(NOTE: This program was intended to regulate the times which commercial truck drivers spend on the road, but has no
exemptions for City vehicles other than those operated by the Fire Department. It unnecessarily restricts City public
works vehicles and hampers local governments' ability to respond to emergency situations such as flooding or earthquake
damages.)
2. Oppose Efforts to:
a. Further restrict development impact fees for roads, bridges, and public facilities levied against
developers of property.
b. Further restrict fees and assessments levied against individuals or entities receiving a special
benefit.
L. Recreation.
1. Support efforts to:
a. Provide state/federal funding for such City programs as those suooorting: ift the arts, child care,
after school orograms. gang prevention and diversion, and drug prevention and intervention in a
community-based recreation setting.
11
7--)7
-..-- . n"'_"_"__'~___"'_"_ MO_".
M. Library.
1. Support efforts to:
a. Provide for continued funding of: the state Public Library Fund, the Library of California,
California Library Services Act, Library Services and Construction Act, Library Services and
Technology Act, literacy programs, library construction and renovation, as well as new
technologies which improve access to libraries and their services.
Q, Preserve existin!! provisions which exempt libraries from havin!! to act as censors of literatore or
information.
12 7-) ¿s/
---"--_.- -- -_.__.-, ___~_._._____~~_H__ .____
II. LECISLATIVE ITE~{S Il£QUIRll¡C FOm.I.~..L COrn¡CIL ACTIOtL
It is recommended that the following items be amended as indicated and placed within the body of the regular Legislative
Program.
A. Bayfront - Redevelopment.
1. Support efforts to:
a. ImnTove the efficiency of Cðli3ðliàat:e t8Mf81 ami adminiJutttiem õf environmental regulations
and enforcement actions ! [Mtnt~ in of such agencies as: Department ofInterior, Corps of
Engineers, Department of Commerce, National Oceanic and Attnospheric Administration
(NOOA), Environmental Protection Agency (EPA).
b. Coordinate Federal Coastal Zone Management Act, Environmental Protection Agency (EPA)
regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts.
c. Enhance business attraction and retention.
2. Oppose efforts to:
a. Reduce the number of San Diego Unified Port District Commissioners and/or require
commissioners to be elected members of the city council which they represent.
B. Environmental Protection.
1. Support efforts to:
a. Improve the coordination of State, Federal and local agency responses to air quality control,
energy, and environmental protection.
b. Seek fu"d, f'Õ, Provide State or Federal funding to construct facilities to capture and treat the flow
of raw sewage entering San Diego from Tijuana.
c. Encourage development of environmentally sound techniques for treating hazardous waste to
reduce its volume and eliminate any toxicity without infringin!! on home rule authority over the
decision of whether (or when) to implement such technioues.
d. Provide funding from State. Federal or other outside sources to study the water quality/toxic
pollution in San Diego Bay.
e. Encourage development of water resources facilities and make improvements to the delta without
imnosine: unfunded mandates on localllovemment.
f. Obtain fmancial assistaoce at the federal level to construct new and upgrade existing secondary
treattnent facilities in San Diego County.
2. 'Natek efföl"t3 fa.
a. fa.ôl'/fe.tltlÖ, tttiliti~3 t5 mlôn "..he.din~/' Eå.,li.e.~ ðf de'Hiei~, g8:3 81 "ateI l'HtIeha3ed flôftl
8th'I J8l:t1~ej) t8 IiUI.j81 tt3eIJ 8J ûti.e3.
fUGTE. \\'h.cclill,t f.ssld r-.c.twÜall) al18.. faf I) bj~Mff ..Mer ~..ailabili~ œ..4 fe...el ~ôfi.3kailH9 8f11Beal de.et.c.þft\l!ld
Mod:!) 1.lÕJl l!81upetiLi..c., IlI..eJ 5831 tttilit:'::J. Stdfre58l'ft.u.:n.dJ a el8:Je ..¡Mil be þ8t 88. rdat:d I'reþ~JltiJ 38.1)1. æJ
Im)iuial "all!) "ater'ffßll!lfuJ, CPtJG Bee 1fI~[tt IC38ISemriR!, C1Ð., ..~ Wl"81.W IlMitiôl'W 15 he 311hjUt 1s f\:iltllCI
CÕ8fHlil inlHlt.
City staff will bring such issues before the City Council for consideration.
13
7--/9
..-...-.....-.....--- ...-......-..-- - - --_.....~-~...._._~ .
C. General Government.
1. Support efforts to:
a. Fund school facility construction programs without increasing the fiscal burden oflocal
e:overnment.
b. Clarify the authority of school districts to impose facilities fees established by Ch. 887, Statotes of
1986 (AB 2926).
e. !..t:ltftõIiz-ê ðiti~3 tô ë3~1i3h a-pedttl llJJf.33ftlents fôI g!uerallôëal Jei .ies,], 31tbjeet tõ ltI'lHô.al b)
tilt lôßM eleeffiutte.
ftí9'FE. 5p~Ûw PfSy!!!) MJC3Jffl.eRt legiglAtiM Î3 fretlllest!) inttô¡4seul t8 Jns. ide attÆtiôlUtI. BI'Hõfl!l far Ln.ålng, 3liek
:~..... ~ t'~l:u, .."'. .:"",,", ~.A "'-1.-;}I........l, l:h'~J ....... j",,,,,,, ....J h_..:..~.:;.1 d:"t.:..l :...t"~' ..m",.l~.) Passage of
Proposition 218 (1996) encompasses this issue.
2. Oppose efforts to:
a. Impose greater restrictions on local government through amendment of the Brown Act.
D. Housing and Community Development.
1. Support efforts to:
a. Develop Federal and State participation and fmancial support for <r.ftti.. programs to provide
adequate housing for the elderly, handicapped, and low-income persons throughout the
community.
b. Maintain and create tax incentives for private revitalization of existing commercial, industrial and
housing resources where such assistance benefits the City.
E. Public Safety.
1. Support efforts to increase municipal funding for the removal of abandoned vehicles.
2. Oppose efforts to:
a. Change/remove date and/or shift, to the employer, the burden of proof related to fueflgl1!c1 .Mlccr
þIß3ttmptiôn. all illness Dresumntions.
b. Skift t6 the ðIBfllB}u, tftt bl:tfåen ôe plôõflelfttða tô Pt:lblie Safè~ AIDS 15le:uttnl'tiôn. This item is
covered by "a." above.
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_._._._-_._._.~-_._--_._._"'- -.--.-...--
COUNCIL AGENDA STATEMENT
Item 5?
J9.2 i-.2.. MeetingDate 11/17/98
ITEM TITLE: Resolution 4Amending the FY 1998-99 budget, authorizing the transfer of
one full-time position and funding from the Planning and Building
Department to Human Resources and the transfer of a part-time hourly
position from Human Resources to Planning and Building Department, and
amending compensation~on 19087.
REVIEWED BY: City Manage~~ ~ :/
SUBMITTED BY: Director of Human Resources tenl
Director of Planning and Building ~
(4/5ths Vote: Yes X No_)
On September 22, 1998 the City Council approved the creation of the Training and Development
Division within Human Resources. This division has been created with existing professional staff
transferred from other departments. In order to make this unit more effective, a full-time
clerical/technical support position is needed. While the Training and Development Division was
evaluating potential sources of clerical assistance, they were also engaged in performing an
extensive review of the clerical and administrative support needs of the Planning and Building
Department. After considering efficiencies to be gained from both consolidating clerical
functions and filling current vacancies, it has been determined that the Planning and Building
Department can receive sufficient support with the addition of a 0.5 FTE clerical support
position in lieu of one of the Department's existing 1.0 FTE Administrative Secretary positions.
It is recommended this position in the Planning and Building Department be transferred to Human
Resources into the classification of Training and Development Technician, and that in exchange,
a part-time position in Human Resources be transferred to Planning and Building.
RECOMMENDATION: That City Council approve the transfer of positions and funds between
the Human Resources Department and the Planning and Building Department, and amend the
compensation resolution 19087 to add the position of Training and Development Technician to the
Confidential group.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
With the establishment of the new Training and Development Division of Human Resources, the
requests for training and process development assistance from departments has been
overwhelming. The support which has been provided to departments includes:
Assessment Interviews
Department Conflict Resolution
~>I
Page 2, Item
Meeting Date 11/17 /98
Internal Training Program Development (Agenda Statement)
Administrative Program Development
Communication Plan (Newsletter)
Department Team Facilitation
Computer Training
Disaster Training
Cable TV Franchise Administration
Sexual Harassment Training for Volunteers
Since the inception of the Training and Development Division, it has become apparent that the
best use of the professional staff time is in the development and presentation of training programs,
meeting facilitation, employee coaching and work process analysis assisting groups in revising
work functions. The administrative support for these functions is significant and if done by the
professional staff severely limits the ability to provide the desired level of support from the
departments.
At the request of the Director of the Planning and Building Department, the Training and
Development Division of Human Resources has been working with the clerical support staff from
both the previous Planning Department and the Building and Housing Department to combine
work functions and develop a support plan to maximize staff efficiencies and increase support to
the professional staff in the new consolidated Department. The results of their study have
indicated that the services of the Administrative Secretary formerly assigned to the Building and
Housing Department could provide a significant benefit to both the Planning and Building
Department and Human Resources Department if the position were reassigned to Human
Resources. The consolidation plan anticipates that most of the current assignments of the
Administrative Secretary will be reassigned to other clerical positions within the Planning and
Building Department and that those remaining assignments could be most effectively performed
by an hourly clerical position.
Because the new Planning and Building Department is generating substantial work in the
recruitment process for new employees, the Human Resources Department was given additional
hourly clerical support, to be assigned specifically to these needs. These funds have not been used
yet; in fact, the individual recommended for transfer has been integrally involved in the
recruitment process for the new Planning and Building Department, and will continue to provide
that support as part of the Human Resources Department. Since the Training and Development
Division continues to provide a significant level of support to the Planning and Building
Department during this transition, it is appropriate that some resources be shifted back to support
this division.
g>,;L
. ~~..__._,. -,- .-., , .._._._....~._--.._-_.- _._,.~.,._- ,..- "._-----_._-_._-_._-~.-----_...--
Page 3, Item
Meeting Date 11/17 /98
FISCAL IMPACT:
No additional appropriation is necessary as the position and funding will be transferred between
the two departments. The Council authorization is to allow for the transfer of funds between
departments and amend the budget to reflect that fund and position transfer. The transfer of
hourly wages to Planning and Building is a total of $14,307 and the transfer of the position to
Human Resources will total $30,293 for a net increase to Human Resources of $15,986.
H:\SHARED\PLANNING\T&DCLERO.WPD
November 11, 1998 (6:25pm)
g'~,3
-- .~.__.__..-
RESOLUTION NO. j 902. b r:J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1998 - 99 BUDGET,
AUTHORIZING THE TRANSFER OF ONE FULL-TIME
POSITION AND FUNDING FROM THE PLANNING AND
BUILDING DEPARTMENT TO HUMAN RESOURCES AND THE
TRANSFER OF A PART-TIME HOURLY POSITION FROM
HUMAN RESOURCES TO PLANNING AND BUILDING
DEPARTMENT, AND AMENDING COMPENSATION
RESOLUTION 19087
WHEREAS, on September 22, 1998, the city Council approved
the creation of the Training and Development Division with Human
Resources, which division has been created with existing
professional staff transferred from other departments; and
WHEREAS, in order to make this unit more effective,
clerical/technical support is needed; and
WHEREAS, after extensive review of the support staff
requirements in the Planning and Building Department based on the
consolidation of functions, it has been determined that this
department can receive sufficient support with the hourly clerical
assistance; and
WHEREAS, it is recommended that a position in the
Planning and Building Department be transferred to Human Resources
and placed in appropriate classification and that in exchange, a
part-time position in Human Resources be transferred to Planning
and Building.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the FY 1998-99 budget and
authorize the transfer of one full-time position and funding from
the Planning and Building Department to Human Resources and the
transfer of a part-time hourly position from Human Resources to
Planning and Building Department.
BE IT FURTHER RESOLVED that Compensation Resolution 19097
is hereby amended to add the position of Training and Development
Technician to the Confidential Group.
Presented by Approved as to form by
Candy Emerson, Director of M. Kaheny, city Att rney
Human Resources
H:\home\lorraine\rs\yeelin
g"7
COUNCIL AGENDA STATEMENT
Item 1
Meeting Date: 11117/98
ITEM TITLE: RESOLUTION ) j.2 ¿~aiVing the formal bidding process and approving
a purchase agreement with EBSCO Subscription Services to provide magazine
and newspaper subscription services to the Chula Vista Public Library in
accordance with terms and conditions of City of San Diego Bid #R6404/98
SUBMITTED BY: D;""", of Ub"'Y 00' R~~
REVIEWED BY: City Manag~~ ./7 (415"' Vote: Yes_No....x..)
The City of San Diego recently awarded a multi-year contract to EBSCO Subscription Services to
provide magazine and newspaper subscription services to the San Diego Public Library for a
favorable discount schedule and desirable peñormance criteria. EBSCO was awarded the contract
based on a competitive bid process and has offered to provide subscription services to the City of
Chula Vista in accordance with San Diego's contract price terms and conditions.
RECOMMENDATION: That Council approve the purchasing agreement with EBSCO and authorize
the City Manager, or his designee, to sign the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Subscription services are a vital part of library operations. The Chula Vista Public
Library subscribes to 940 magazines and newspapers, also known as periodicals, in printed form,
distributed among the three library sites. Participation in this agreement provides one primary vendor
for these periodicals. The Library supplies a list of titles and the vendor supplies subscription rates
with available discounts and one annual invoice. The advantages of this arrangement are discounts
based on volume, a single contact point for claiming issues or making subscription changes, and
reduced paper work.
The City of Chula Vista has purchased subscription services from EBSCO for the past five years
through a cooperative purchasing agreement with the City of San Diego. EBSCO has provided
satisfactory service throughout this time and is a prominent subscription vendor serving public libraries
in the United States.
The City of San Diego independently bid out their current subscription service requirement and
EBSCO was found to be the low responsive and responsible bidder. Through negotiations with
EBSCO, the City's Purchasing Agent was able to obtain a commitment to extend City of San Diego
contract terms and conditions to the City of Chula Vista. EBSCO further agreed to additional favorable
delivery requirements. The City of San Diego contract (and thus, Chula Vista's purchasing agreement
with EBSCO) has optional renewal periods that may be extended through December 31, 2002.
FISCAL IMPACT: The Library has budgeted $63,980 for periodical subscriptions in FY 98/99. The
majority of periodical subscriptions will be through EBSCO Subscription Services.
Attachment: EBSCO offer, dated October 19, 1998
9-/
"~'I ',~, \ ;,~ ,'., :-_- ¡ ',: i :: ~ (, ;' i
. .
9\30,- rܡ A part of tlte EBSCO Information Services group.
P. O. BOX 92901
LOS ANGELES, CALIFORNIA 90009-2901
October 19, 1998 (310) 322-5000
(800) 683-2726
FAX (310) 322-2558
E-MAIL: essIa@ebsco.com
John P Coggins, CP.M. DAVID S. KERIN
Purchasing Agent
City of Chula Vista Vice President, General Manager
276 Fourth Ave,
Chula Vista, CA 91910
RE: CITY OF SAN DIEGO BID #R6404/98 - SUBSCRIPTION SERVICES
Dear Mr. Coggins:
EBSCO Subscription Services agrees to sell Subscription Services to the City ofChula Vista in
accordance with tenns and pricing of City of San Diego Bid #R6404/98. In addition to bid tenns
and pricing, the following conditions must be met:
1) Delivery shall be FOB Destination. Ship-to-point is:
City of Chula Vista
Public Library
365 F. Street
Chula Vista, CA 91910
2) Where the pricing for the City of San Diego Bid #R6404/98 as applied to certain
items ordered by the CityofChula Vista results in a price below EBSCO's cost
for such items, EBSCO reserves the right to:
a) refuse to handle such orders, or
b) re-price such items so as to produce a mark-up equal to the average earned
on the balance of the order handled for the city of Chula Vista.
Please sign below and return to EBSCO no later than October 25, 1998, Thank you for your
continued business.
Accepted by:
John P Coggins, C.P.M.
Purchasing Agent
DSKple
1-2 .~p\
rT STEPHEì\:S, PRESIDEi\'f
BIRMINGHAM, ALABAMA 35201
__.~. _________"_,_ (205) 991-6600 .__ _ __....._
RESOLUTION NO. J f ..2¡j,J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A PURCHASE AGREEMENT WITH EBSCO
SUBSCRIPTION SERVICES TO PROVIDE MAGAZINE AND
NEWSPAPER SUBSCRIPTION SERVICES TO THE CHULA
VISTA PUBLIC LIBRARY IN ACCORDANCE WITH TERMS
AND CONDITIONS OF CITY OF SAN DIEGO BID
#R6404/98
WHEREAS, Council Resolution No. 6132 authorizes the City
to participate in a cooperative bid with the City of San Diego for
the purchase of materials; and,
WHEREAS, the city of San Diego recently awarded a multi-
year contract to EBSCO Subscription Services to provide magazine
and newspaper subscription services to the San Diego Public Library
for a favorable discount schedule and desirable performance
criteria; and
WHEREAS, EBSCO was awarded the contract based on a
competitive bid process and has offered to provide subscription
services to the city of Chula vista in accordance with San Diego's
contract price terms and conditions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby waive the formal bidding process
and approve a purchase agreement with EBSCO Subscription Services
to provide magazine and newspaper subscription services to the
Chula Vista Public Library in accordance with terms and conditions
of City of San Diego Bid #R6404/98.
Presented by Approved as to form by
David Palmer, Director of
Library and Recreation
H:\home\lorraine\rs\ebsco
f~3
COUNCIL AGENDA STATEMENT
Item: J¿;;
Meeting Date: 11/17/98
ITEM TITLE: Resolution /9.2 tY' Accepting California Department of
Education, Adult Basic Education, Section 321 grant funds awarded
to the Chula Vista Literacy Team, appropriating funds, and amending
FY 98/99 budget to include a 0.18 FTE position
SUBMITTED BY: D;<ecto, of Ub<my.... ~~
REVIEWED BY: City Manag~~ ./l (4I5ths Vote: YES ---X- NO_)
In May, 1998 Chula Vista Public Library applied for California Department of Education,
Adult Basic Education, Section 321 funds for FY 98/99. The primary purpose of these grant
funds is to improve the quality and responsiveness of programs which enable adults to
acquire basic literacy skills. The base grant ($3,500) must be used for supplemental staff
development, assessment, and/or networking. The remaining funds ($2,535) are
calculated based on the number of learner attendance hours, and may be used for staff
development and/or other enhancements to program quality.
RECOMMENDATION: That Council adopt the resolution accepting California Department
of Education, ABE, Section 321 grant funds awarded to the Chula Vista Literacy Team,
appropriating funds, and amending FY 98/99 budget to include a 0.18 FTE position.
BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees has
consistently voted to support Library applications for ABE, Section 321 grant funds since
1991.
DISCUSSION: On May 4, 1998, Council was notified of the Library's application for ABE
321 grant funds (Attachment "A"). Grant funds will be used to support learner needs
assessments and progress evaluations (a 0.18 FTE clerical aide), and to provide training
and staff development for the Literacy Coordinator and staff.
FISCAL IMPACT: Accepting this grant will provide $6,035 to implement this program in
FY 98/99 through the Chula Vista Literacy Team. At this time, $4,774 has been awarded
and the remaining $1,261 will be received after mid-year reporting, in January, 1999.
Funds cannot be used to supplant the current volunteer tutor program. These funds will
be appropriated into fund 260-2607. (Attachment "B").
[h:\homelparksrec\a113\sec32l.A13]
/iJ --I
RESOLUTION NO. /9cJ.t ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CALIFORNIA DEPARTMENT OF
EDUCATION, ADULT BASIC EDUCATION, SECTION 321
GRANT FUNDS AWARDED TO THE CHULA VISTA
LITERACY TEAM, APPROPRIATING FUNDS, AND
AMENDING FY 1998-99 BUDGET TO INCLUDE A 0.18
FTE POSITION
WHEREAS, the Chula vista Public Library applied for
California Department of Education ABE Section 321 funds for FY
1998-99; and
WHEREAS, the primary purpose of these grant funds is to
improve the quality and responsiveness of programs which enable
adults to acquire basic literacy skills; and
WHEREAS, the base grant of $3,500 must be used for
supplemental staff development, assessment, and/or networking and
the remaining funds ($2,535) are calculated based on the number of
learner attendance hours, and these may be used for staff
development and/or other enhancements to program quality; and
WHEREAS, on May 4, 1998, the Library Board of Trustees
voted to support the Library's application for ABE Section 321
grant funds.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby accept California Department of
Education, Adult Basic Education, section 321 grant funds awarded
to the Chula vista Literacy Team.
BE IT FURTHER RESOLVED that the FY 1998-99 budget is
amended to include a .18 FTE position and $6,035 is appropriated
into Fund 260-2607 as set forth in Attachment B.
Presented by Approved as to form by
David Palmer, Director of
Library and Recreation
H:\home\lorraine\rs\abe321.grt
Jtl-;¿.
-...-------
" ~ ;, ,,~_UL-
~---,7" e,'-F
' ,/
ATTACHMENT A
INFORMA nON MEMORANDUM
DATE: May 4, 1998
TO: The Honorable MaYO~ City Council
VIA: David D. Rowlands, Jr.,.J it)l Manager
FROM: David J. Palmer, Library Directo~
SUBJECT: Application for California Department of Education, Adult Basic
Education, Section 321 funding
On May 20, 1998 the Chula Vista Public Library will apply for approximately $5,800
in California Department ofEducation, ABE Section 321 funds for fiscal year 1998-99.
(All funding is subject to availability of funds rrom the federal government.) The
primary purpose of these grant funds is to improve the quality and responsiveness of
programs which enable adults to acquire basic literacy skills.
The base grant of $3 ,500 must be used for supplemental staff development, assessment,
and/or networking. Additional funds will be calcwated based on the number of learner
attendance hours. These grant funds will be used locally to support conducting learner
needs assessments and progress evaluations, (a .25 FIE Clerical Aide) and to provide
staff development opportunities for the Literacy Coordinator and key staff.
Funds may not be used to supplant existing support for the literacy program.
/ ¿) - 3-
-. --~ ----.._~" ._....______m_____.
ATTACHMENT "B"
ABE SECTION 321 FUNDS
FY 98/99
BUDGET ACCOUNT: 260-2607
5105 Hourly Wages $3,383.
5143 Medicare $49.
5145 PARS $127.
5298 Other ContractualfTraining $2,476.
TOTAL: $6,035.
[h:\homelparksreclaI131sec321.AI3]
)¿)~Lçl
f
--...- ---- ---_._----- ...
COUNCIL AGENDA STATEMENT
Item II
Meeting Date 11/17/98
ITEM TITlE: RESOLUTION / 9;2. ? ~ ApPROVING MASTER liCENSE AGREEMENT WIIH Cox PCS
ASSETS, llC FOR THE INSTALLATION ANO OPERATION OF UP TO 50 CABLE MICROCELL INTEGRATOR
("CMI") OR SUBSTANTIALLY SIMILAR FACIllllES IN IHE CITY'S RIGHT·OF·WAY FOR A PERIOO OF 5
YEARS WITH AN OPTION TO RENEW FOR UP TO THREE AODlTIONAL 5 YEAR TERMS ANO OELEGATING
AUTHORITY TO THE CITY ENGINEER TO PROCESS ANO APPROVE IHE REOUIREO ENCROACHMENI
PERMITS
SUBMITTED BY: Debra D. Anderson 0*
Principal Community Devel~cialist
REVIEWED BY: City Managy~ ~ /"" (4/5ths Vote: Yes_ Noll)
BACKGROUND:
The City Council approved Resolution 18601 on March 18. 1997 conceptually approving the marketing of City
properties for use by telecommunications companies. Since this time. staff has been working with a number of
companies to explore the possibilities of locating on City owned property. Cox PCS Assets, llC (Cox PCS)
provides mobile phone service under the marketing name of Sprint PCS. They have been operating in Southern
California for the past couple of years and are continuing to seek antenna locations to extend coverage and
increase the quality of service to the San Diego community. In addition to using typical monopole and/or
roofffacade-mounted installations, Cox PCS also utilizes Cable Microcelllntegrator ("CMI") facilities. CMls utilize
much smaller antennas which have typically been affixed to overhead cable. In areas where cable is underground,
such as the eastern portion of Chula Vista, Cox PCS has been seeking alternative locations, such as street light
standards.
Cox PCS has requested to locate 3 CMls on the City's street lights along East H Street (see Attachment 1). Staff
is recommending that the City enter into a Master license Agreement with Cox PCS. The Agreement will allow
Cox PCS to install and operate up to 50 CMls in the City of Chula Vista for a period of 5 years with an option to
renew up to three additional 5 year terms (see Attachment 2):1'Ior SCAN¡\ÌEJ)
RECDMMENDATION: Approve the Master license Agreement with Cox PCS Assets. llC for the installation
and operation of up to 50 Cable Microcelllntegrator ("CMI") or substantially similar facilities in the City's right-of-
way for a period of five years with an option to renew for up to three additional 5 year terms and approve the
delegation of authority to the city engineer to process and approve the required encroachment permits.
BDARDS/COMMISSIONS RECOMMENDATION: Not Applicable
)/-j
Page 2. Item JL
Meeting Date 11/17198
DISCUSSION:
1. Cox PCS. Inc.:
As mentioned above, Cox PCS, Inc. is a mobile phone service provider which has been operating in the area for
several years. They are continuing to expand their network to provide enhanced coverage throughout the County.
In addition to using typical monopole and/or roof/facade-mounted (macro cell) installations, Cox PCS also utilizes
Cable Microcelllntegrator rCMI") facilities. CMls utilize much smaller antennas which have typically been affixed
to overhead cable. In areas where cable is underground, other locations are needed such as street light standards
in the public right -of -way.
Cox PCS is proposing to utilize CMls to provide additional coverage primarily in the eastern portion of Chula Vista.
Initially, three CMls will be installed along H Street on the City's street light standards. CMls are much more
discreet than typical macro cell installations, but provide limited coverage. It is estimated that 12 CMls are
needed to provide comparable macro cell coverage. This is the first time Cox PCS will utilize CMls on street light
standards. Based on the performance, Cox will look to increase the number of CMls in the City.
2. Master License Agreement:
The Master license Agreement allows Cox PCS to install up to 50 CMls on the City street light standards in the
public right of way and to operate within the scope of this Agreement for a period of 5 years. The Agreement
allows for up to three additional five year terms, each with the written request of Cox PCS, and the subsequent
written approval of the City Manager. Prior to the renewal of each five year term, the annual license fee is subject
to renegotiation to ensure that the City is receiving market value for its facilities. The City is able to terminate
this license upon 12 months notice, at any time after the initial five year term.
Cox PCS will be paying an annual license fee of $1 BOO for the use of each street light standard, which is described
in more detail in Section 4 below. The Agreement also provides the City ten phones free of charge and an
unlimited number of subscriptions for Sprint PCS's service at a discount.
Cox PCS is required to comply with all applicable laws and obtain all applicable permits from the City. All of Cox
PCS's construction, installation, maintenance and removal of the CMI network will be at Cox PCS's sole
responsibility and cost. If any damage is caused by Cox PCS to the public right of way or City property, they are
required to promptly repair it at their sole cost. The Agreement provides for a number of risk mitigation measures
for the City including: indemnity; insurance requirements; limitation on remedies available to Cox PCS in the event
of a City breach; and reservation of the City's emergency and police powers.
Presently, the City does not collect a Utility Users Tax from mobile phone service providers. In the event that the
City determines that these services are subject to the Utility Tax, the Agreement provides for Cox PCS to collect
the tax from the service users and remit the tax to the City.
)/~d---
ç
Page 3. Item JL
Meeting Date 11/17/98
3. IMPACTS ON CITY PROPERTY:
Cox PCS will be initially installing three CMls, each involve 3 small antennas, on light standards along East H
Street. The antennas will be affixed to the arm of the light standard, Isee Attachment 3). Cox PCS will be
installing 3 CMls initially, but the agreement allows lor up to 50. The installation will also require the placement
01 a small cabinet in the right-of-way, which if needed can be put underground Isee Attachment 4). This will
require limited trenching and cabling. There is minimal maintenance and ongoing administration required. Public
Works staff has been working with Cox PCS on the placement and installation 01 these CMls and will require Cox
PCS to secure a right-ol-way Encroachment Permit. The attached Resolution requests that the City Engineer be
authorized to process and approve the required Encroachment Permits. Staff plans to return to the Council in the
near luture with a request to amend the Municipal Code to allow the City Engineer to approve similar
encroachment requests without prior authorization lrom City Council. The Department of Planning and Building
has determined that no additional permits will be required.
If a light standard, on which Cox PCS is located, is damaged or destroyed, the Agreement provides that the City
replace the standard, unless the City determines the standard is no longer necessary. In this case, Cox PCS has
the option to replace it at their sole cost. If the City chooses not to immediately replace or repair a standard that
is deemed necessary, Cox PCS has the option to replace the standard utilizing a contractor approved by the City,
in which case the City will reimburse Cox PCS no more than the City would have paid had the City contracted lor
the work using its customary time frame.
4. FINANCIAL BENEFITS:
Cox PCS will be paying an annual license lee. The annual lee is $150.00 per pole, per month, or $1800 annually.
The initial three CMls will generate $5400 annually. The Master License Agreement authorizes up to 50 CMls
which would generate up to $90,000 in income to the City annually. The annual fee will be renegotiated prior to
the renewal 01 each live year term.
In addition, as mentioned above, the City will receive ten phones free of charge, and an unlimited number of
discount phone service subscriptions.
FISCAL IMPACT:
The three facilities being installed will generate an annual income 01 $5400 (with an increase 01 3% annually).
It is anticipated that Cox PCS will locate additional CMls in the City of Chula Vista. The Master License
Agreement authorizes up to 50 CMls at a monthly rate 01 $150.00, which translates into up to $90,000 in income
to the City annually.
There will be some staff time associated with monitoring and ensuring compliance with the Agreement.
(DDA) H:\HOME\COMMDEV\STAFF.REP\11·17·98\sprint (November 11, 1998 (1:43pm))
)/-3
RESOLUTION NO. /9.J/,þ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MASTER LICENSE AGREEMENT WITH COX
PCS ASSETS, LLC FOR THE INSTALLATION AND OPERATION OF
UP TO 50 CABLE MICROCELL INTEGRATOR (CM!) OR
SUBSTANTIALLY SIMILAR FACILITIES IN THE CITY'S RIGHT-OF-
WAY FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW
FOR UP TO THREE ADDITIONAL 5 YEAR TERMS AND DELEGATING
AUTHORITY TO THE CITY ENGINEER TO PROCESS AND
APPROVE THE REQUIRED ENCROACHMENT PERMITS.
WHEREAS, the City Council approved Resolution 18601 on March 18,1997 conceptually
approving the marketing of City property for use by telecommunications companies; and
WHEREAS, Cox PCS Assets, LLC is a wireless communications provider and has
requested to install three CMls on street lights in the City and the ability to install additional CMls or
comparable facilities in the future; and
WHEREAS, Cox PCS Assets, LLC will be paying an annual license fee for the use of the
City's street light standards; and
WHEREAS, this License Agreement will provide financial benefits to the City with minimal
impact on City facilities.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve and the Mayor is authorized to execute a Master License Agreement with Cox PCS
Assets, LLC for the installation and operation of up to 50 Cable Microcell Integrator or substantially
similiar facilities in the City's right-of-way for a period of 5 years with an option to renew for up to three
additional five year terms in the form presented, with such minor modifications as may be approved or
re~r~~ the City Attorney, a copy of which shall be kept on file with the City Clerk as Document
No ;cZ16and the City Engineer is authorized to process and approve the required encroachment
permits.
Presented by Approved as to form by
,
David D. Rowlands, Jr.
City Manager
[(dda) H:\HOME\COMMDEV\RESOS\metricom (November 11, 1998 (11 :15am)]
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ATTACHMENT 2
Page 1
MASTER COMMUNICATIONS SITE LICENSE AGREEMENT
THIS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT ("License") dated as of
, 1998 ("Effective Date"), is entered into between COX PCS ASSETS, L.L.c., a Delaware limited
liability company ("Cox PCS") whose sole member is Cox Communications PCS, L.P, a Delaware limited partnership
('Cox L.P.) and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION "City") with reference to the
following facts.
A. Cox PCS wishes to attach, install, operate, and maintain up to fifty (50) Cable Microcell Integrator
(CMI) or substantially similar facilities, on public property under the ownership and/or control of the
City for purposes of providing wireless phone service.
B. City is willing to allow Cox PCS to attach, install, operate and maintain the CMI equipment subject
to the terms and conditions set forth herein.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree to the following covenants, terms, and conditions:
1. Definitions:
A. Licensed Premises or Premises: The City owns and/or controls through easement rights certain real
property, and certain light standards and poles. Once such property is described in a Schedule (as defined
below), approved by the City and attached hereto such property shall constitute and be described and
collectively referred to as the "Licensed Premises" or "Premises." This term includes any property the City
owns on which Cox PCS installs utility and transmission lines with City's approval pursuant to Section II. D.
1. or II. F. below.
B. Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed
Premises. Each Schedule shall include the description of one or more Licensed Premises and the specific Cox
PCS Improvements and configuration of same which shall be allowed on each Licensed Premises. Both parties
agree that Schedules may be added or deleted by administrative action by City from time to time subject to and
in accordance with the provisions of this License, including but not limited to Section V.c. regarding
Governmental Approvals.
C. Pre-existing Communications: "Pre-existing Communications" shall be defined as those
communications configurations, equipment and frequencies which exist on City's property or are in use by the
City within or around City limits on the Commencement Date of this License or of an applicable Schedule~.
D. Cox PCS Improvements or Cox PCS's Improvements: Cox PCS Improvements shall be defined to
be those Cable Microcell Integrator or substantially similar wireless telephone communication facilities,
including but not limited to radio frequency transmitting and receiving equipment, antennas, cables, conduits,
wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and
supporting structures and improvements, which are approved by the City and which are located or proposed
to be located per this License, on Licensed Premises. Cox PCS Improvements shall exclude light standards
or poles located in City rights-of-way, whether or not said light standards or poles are installed by City or Cox
PCS, which shall be owned by City.
E. Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this
License shall be the effective date. The Commencement Date of individual Schedules hereunder shall be as
specified in each Schedule.
jf/&
Page 2
II. PREMISES AND LICENSED USES
A. Grant of LicenseSubject to the following terms and conditions, City hereby licenses to Cox PCS the
Premises as depicted in the Schedules attached hereto and incorporated herein. Each Schedule executed hereunder
shall be substantially in the form of Attachment 1.
B. Use. The Premises may be used by Cox PCS for the provisions of mobile/wireless communications
services, induding without limitation, the transmission and reception of radio communication signals on various
frequencies and the construction, maintenance and operation of related telephone communications facilities and related
antennas, cables, conduits, wires and electronic and other equipment. City agrees, at no expense to City, to cooperate
with Cox PCS in making application for and obtaining all licenses, permits and any and all other necessary approvals
that may be required for Cox PCS's intended use of Premises under each Schedule.
C. Pre-Construction: Testin¡:.
1. Cox PCS shall have the right (but not the obligation) at any time following the full execution
of this License and prior to the Commencement Date under each Schedule to enter the Premises for
the purpose of making necessary inspections, engineering surveys (and soil tests where applicable)
and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises
for Cox PCS's Improvements (as defined herein) and for the purpose of preparing for the construction
of Cox PCS's Improvements at no expense to City. During any Tests or pre-construction work, Cox
PCS shall have the insurance coverage set forth in Section IV.E., Insurance. Cox PCS will notify City
of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City.
Cox PCS, at Cox PCS's sole cost and expense, will restore the Premises to the same condition as
existed prior to any such Tests or pre-construction work by Cox PCS .
2. Cox PCS acknowledges and agrees to abide by the terms of the "On-Air Compatibility Tests"
as outlined in Exhibit B attached hereto and by reference made part of this agreement. Cox PCS
agrees to notify immediately the Director of Public Works of the City of any changes in Cox PCS's
frequencies to be used at the Premises.
D. Cox PCS Imorovements.
1. Cox PCS has the right to construct, maintain and operate Cox PCS Improvements on the
Licensed Premises. In connection therewith, Cox PCS has the right upon obtaining City's written
approval following a review of Cox PCS's plans which approval shall not be unreasonably withheld
and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and upon
issuance of any required permits, to do all work necessary to prepare, add, maintain and alter the
Licensed Premises for Cox PCS's communications operations and to install utility lines and
transmission lines connecting antennas to transmitters and receivers, conditioned upon plan review
and approval of City, which approval shall not be unreasonably withheld or delayed. All of Cox PCS's
construction and installation work shall be performed at Cox PCS's sole cost and expense and in a
good and workmanlike manner. License. Subject to Section II. K. 2. Below, title to Cox PCS's
Improvements shall be held solely by Cox PCS or Cox L.P., and all of Cox PCS's Improvements shall
remain the personal property of Cox PCS or Cox L.P. and shall not be treated as real property or
become a part of any Premises even though affixed thereto. All street light standards or poles located
in the public right-of-way, whether installed by City or Cox PCS, shall be owned by the City.
2. Maintenance of the Cox PCS Improvements shall be the sole responsibility of Cox PCS
during the entire term of this License and Cox PCS agrees to keep all Cox PCS Improvements in good
condition and repair. Unless otherwise provided herein, or approved by City in writing in its sole
discretion Cox PCS shall remove all Cox PCS Improvements at its sole expense on or before the
J// ?
Page 3
expiration or termination of the applicable Schedule.
3. In the case of installations on street light standards or mast arms, Cox PCS shall comply with
all applicable City regulations on the installation of street lights. If the installation is to be done via
replacement of an existing standard and/or mast arm, said replacement shall meet the same regulations
as were applied to the existing standard and/or mast arm. Said regulations shall include, but not be
limited to, the fonn, size, strength and construction materials specified for City street lights.
Consistent with the City's exercise of police powers, such regulations may be amended at the City's
sole and absolute discretion [VI. ,:)"Ed] \..OJ. t\."JU!~",dl.l'-'u"vu" including, but not limited to, allowing for
additional space for internal wiring of City and/or Cox PCS or, altered foundation requirements to
accommodate joint City and Cox PCS uses, or other technical reasons. Any such amendments shall
include good faith efforts by the City to accommodate and not materially adversely impact the
functioning of existing facilities HuL upply Lv L~,-,,,,u.,....d PH..dJ....;.""''' VI. CVA pes I.lupLvn."u.lvl.lL" ~11
GÁ1~lG1.l'-''''' VJ. IvJ. ~ h~dl p.....uu..:.t., 1l(~1. y..... b"",-,H ~",.!u(,d l-'1.~V.l to 'U.lU,,,uJ.lu,,,ill vf ,:,,,,-,..1. .l.....e,u.l"Guu".
4. Installation of improvements in or near the public right of way shall meet the requirements
of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk
areas.
5. If any Portland Concrete Cement (PCC) sidewalk is disturbed in the course of installation,
Cox PCS shall replace said sidewalk from cold joint to cold joint from each direction from the
disturbed area.
6. If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed
in the course of installation, Cox PCS shall replace and restore said property to its pre-installation
condition.
E. Access.
1. Cox PCS, Cox PCS's employees, agents, contractors and subcontractors shall have access to
the Premises twenty-four (24) hours per day, seven (7) days per week, at no charge to Cox
PCS, subject to the conditions set forth in each Schedule. City hereby licenses to Cox PCS
all rights of ingress and egress held by City to the extent required to construct, maintain,
install and operate Cox PCS's Improvements on the Premises. Cox PCS's exercise of such
rights shall not cause undue inconvenience to City.
2. In connection with installations on light standards, mast arms or poles, Cox PCS shall provide
at least seven (7) days notice to City of installation date and time. Cox PCS shall pay any and
all costs associated with City shut off and reconnect of power to Premises, installation
oversight and/or inspections if City reasonably deems necessary.
3. In connection with Cox PCS's maintenance of Cox PCS Improvements on street light
standards, mast arms or poles, Cox PCS shall provide at least twenty four (24) hours notice
to City and pay City any and all costs associated with City shut off and reconnect of power
to Premises, maintenance oversight and/or inspections if City deems reasonably necessary.
In case of need for emergency maintenance of Cox PCS Improvements, Cox PCS need not
give prior notice to City but shall notify City of such work as promptly as reasonably possible
after the work is commenced.
4. In connection with City maintenance to street lights which share a standard or mast arm with
such installations, City shall use its best efforts to provide Cox PCS at least twenty four (24)
hours notice of said maintenance. If City desires to have a technician of Cox PCS's on site
//-Y'
Page 4
during said maintenance, Cox PCS shall provide said technician upon at least twenty four
(24) hours notice. In case of need for emergency maintenance of City's street lights which
share a standard or mast arm with such installations, City need not give prior notice to Cox
PCS but shall notify Cox PCS of such work as promptly as reasonably possible after the work
is commenced.
F. Utilities. Cox PCS shall have the right to install utilities which are necessary for the operation of Cox
PCS Improvements, at Cox PCS's expense, and to improve the present utilities on or near the Premises (including, but
not limited to the installation of emergency back-up power), subject to the prior approval of City, which approval shall
not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of Cox PCS's
construction plans and upon issuance of any required permits and the prior approval of all utility companies or agencies
with jurisdiction. Subject to City's approval of the location, which approval shall not be unreasonably withheld or
delayed, Cox PCS shall have the right to place utilities on (or to bring utilities across) City's property necessary to
service the Premises and Cox PCS's Improvements. Such right to install utilities shall be subject to the conditions set
forth in the relevant Schedule. Cox PCS shall fully and promptly pay for all utilities furnished to the Premises for the
use, operation and maintenance of Cox PCS's Improvements. Upon the termination of this License or applicable
Schedules, unless otherwise agreed to in writing between the two parties, said utilities shall be deactivated or removed.
Payment of all costs for said utilities' deactivation or removal, including any costs which would survive the term of said
License or Schedule, shall be the exclusive obligation of Cox PCS.
G. Location of Cox PCS Imnrovements.The location of Cox PCS Improvements on Licensed Premises
shall be subject to City's prior approval, which shall not be unreasonably withheld or delayed and shall be deemed
given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any required permits. Absent
such approval, Cox PCS shall have recourse to an appeal to the City Manager. It is understood and agreed that
antennas shall be located at the optimum location on the Licensed Premises to provide sufficient radio frequency
coverage, but shall in no way interfere with existing antennas on or structural loading of any buildings, poles or other
facilities existing on said Premises.
H. Co-location. Co-location of Cox PCS Improvements with improvements of other Licensees shall
be governed by the additional provisions of Attachment II, Facilities Co-location Requirements, attached hereto and
incorporated herein by reference, as well as the terms of this License.
I. Interference with Communications.
\. Cox PCS's Improvements at any given Premises shall not interfere with Pre-existing
Communications (determined with respect to such Premises at the date the Schedule for sttch
Premises is executed). Cox PCS's Improvements shall also comply with all noninterference rules of
the Federal Communications Commission ("FCC").
2. Any radio equipment installed by Cox PCS on the Premises shall be frequency compatible
with all radio transmitting and receiving equipment existing and in use on the Premises at the time
initial installation of such equipment is made. In the event Cox PCS's installation electronically or
physically interferes with City's installation already existing on the Premises, Cox PCS shall take all
necessary steps, at its own cost and expense, to eliminate such interference, whether so required by
the FCC or not. City shall endeavor to include this language in any subsequent agreement with
another provider.
3. Expect to the extent necessary to install, operate or maintain public improvements, or in the
event of an emergency, the City shall not knowingly interfere with the location, configuration,
frequency or operation of Cox PCS' s Improvements, nor shall the City knowingly permit any use by
a third party or facilities owned or controlled by the City which use interferes with the location,
configuration, frequency or operation of Cox PCS' s Improvements, except in the case of Pre-Existing
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Page 5
Communications that do not measurably change from their power level, frequency or location..
4. City shall have the responsibility to cooperate with Cox PCS to identify and remedy to the
extent reasonably necessary, any interference with the communications operations of Cox PCS
described in Section 2, above.
5. In the event any equipment installation by City made subsequent to Cox PCS's installation, by City,
causes interference with the location, configuration, frequency or operation of Cox PCS's
Improvements, City shall take all reasonably necessary steps to eliminate such interference within
fifteen days after learning of such interference, whether so required by the FCC or not.
6. For purposes of this Section I, the existence of electronic and physical interference shall be
reasonably determined by City and Cox PCS. Notwithstanding the foregoing, Pre-existing
Communications operating on the Commencement Date that do not measurably change from this
power level, frequency or location on the Commencement Date shall not be deemed interference at
any time.
J. Liens. Cox PCS shall keep the Premises free and clear of any and all liens or claims of liens and
charges on account of labor and materials used in or contributing to any work performed by or related to Cox PCS,
failing which City shall have the right, but shall not be obligated, to discharge any or all such liens or claims and Cox
PCS shall, upon demand therefor, reimburse City for all costs and expenses incurred by City.
K. Removal of Cox PCS Imnrovements
1. Upon expiration, cancellation or termination of this License or any Schedule hereunder, Cox
PCS shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation,
or termination, at its sole cost, all Cox PCS Improvements except those which the parties agree shall
not be removed or shall be transferred to City, (b) repairing at its sole cost, all damage caused by such
removal, and (c) surrendering the Premises to City in the Premises' original condition, ~ordinary
wear and tear and damages caused by third parties excepted. Said return of Premises in their original
condition shall include remediation of any hazardous or toxic material discharge at the Licensed
Premises caused by the Cox PCS and shall be to the reasonable satisfaction of the City.
2. Within 45 days after the date this License or an applicable Schedule expires or otherwise
terminates, Cox PCS at its expense shall remove all Cox PCS Improvements from the affected
Premises; provided that if ten or mOre Schedules expire or terminate contemporaneously, then Cox
PCS shall have a reasonable amount of additional time to remove the affected Cox PCS Improvements
so long as Cox PCS is diligently proceeding with removal. Any Cox PCS Improvements remaining
on affected Premises beyond the time period available for removal as set forth above shall, at the sole
discretion of the City, either (a) in whole or in part become City property or (b) in whole or in part be
removed and disposed of by City, with the reasonable costs of said removal and disposal, including
reasonable administrative overhead, to be reimbursed to City by Cox PCS within ten days after Cox
PCS receives a request for reimbursement together with reasonable evidence of the cost.
3. If the Premises consist of a light standard, mast ann or pole and the same is damaged, knocked
down or destroyed from any cause, the following provisions shall apply:
a. If the damage or destruction,renders Cox PCS' s or Cox L.P.' s facility inoperable,
and a temporary site is not available per subsection b. below, the fee for such Premises shall
abate in full from the date such damage or destruction occurs until Cox PCS or Cox L.P. is
able to cOmmence nonnal operations; provided that Cox PCS shall have no right to abatement
if the damage or destruction is caused by Cox PCS' s negligence or willful misconduct.
11./ It/'
Page 6
b. Non-replacement in case of damage. If Cox PCS chooses to terminate the use of any
Licensed Premises suffering such damage, Cox PCS shall notify City of such decision within
ten (10) days after notice of such damage. Cox PCS shall comply with all tenns of this
agreement concerning removal of Cox PCS improvements. Cox PCS shall be responsible for
any removal or replacement of wiring, foundation or other associated facilities that may be
required to accommodate the replacement facilities. If this option is chosen by Cox PCS, Cox
PCS shall not be obligated to replace or pay to replace the damaged light standard, mast arm
or pole. If Cox PCS's or Cox L.P.'s facility is rendered inoperable due to damage or
destruction, City shall use reasonable efforts to identify and make available to Cox PCS,
within ten days following the damage or destruction, a temporary site owned or controlled by
City which in Cox PCS's judgement is ~'Iuall) suitable for Cox PCS's intended uses. Cox
PCS may construct and operate substitute Cox PCS's Improvements thereon until the
Premises are fully repaired and available to Cox PCS.
c. Immediately following the damage or destruction, City shall COmmence and thereafter
continue diligent efforts to repair or replace the light standard, mast ann or pole; provided that
City shall have no obligation to repair or replace the light standard, mast arm or pole if (i) the
City, within 10 days following the damage or destruction, affinnatively determines, in good
faith, and delivers to Cox PCS written notice of its determination, that the facility is no longer
required or desirable to serve the public health, safety and welfare and that accordingly the
City has no existing or foreseeable intention of replacing or repairing the facility, or (ii) the
damage or destruction occurs during the last 12 months of the Tenn or any Renewal Tenn,
City delivers to Cox PCS written notice of its decision not to repair or replace within 10 days
following the damage or destruction and Cox PCS does not, within in 10 days after receiving
such notice, exercise any option to extend or renew which may then be available regarding
the subject Premises.
d. If the City does not immediately COmmence to repair and replace, then Cox PCS shall have
the right, but not the obligation, to repair or replace the pole or light standard to the conditions
existing immediately prior to the damage or destruction (or to any better condition consistent
with the City's then-existing standards and regulations for design and construction of similar
facilities); provided that Cox PCS shall have no obligation to restore any City operations
served by the light standard, at arm or pole unless the damage or destruction is caused by Cox
PCS's negligence or willful misconduct. Cox PCS shall perfonn such work using only the
contractors listed on Attachment IV attached to this License or other contractor approved by
the City. Cox PCS shall complete such work as expeditiously as reasonably possible, subject
to complying with the provision of Sections II. D. 3. through 6 above.
e. If Cox PCS repairs and replaces pursuant to subsection d. above, then the City shall
reimburse Cox PCS for all its reasonable costs of repair and replacement, provided that (i)
City shall have no obligation to reimburse if the City timely decides in good faith not to repair
or replace pursuant to subsection c. above or if the damage or destruction is caused by the
Cox PCS's negligence or willful misconduct, and (ii) City shall not be required to pay more
than the cost of repair and replacement the City would have incurred had the City contracted
for the work using its customary method of procurement and customary time frame for the
type of work in question. Reimbursement shall be due and payable within 30 days after
receiving Cox PCS's request for reimbursement together with reasonable evidence of the
costs. Cox PCS shall have the right to offset license fees under all Schedules by the amount
of any reimbursement owing but not timely paid. If the City timely decides in good faith not
to repair or replace pursuant to subsection c. above, then all such work by Cox PCS shall be
at its sole expense, but Cox PCS shall have the option to remove or leave in place any new
or replacement light standard, mast arm or pole upon expiration or termination of the
/1 ~ II
Page 7
applicable Schedule.
L. Termination.
1. Neither this License nor any Schedule shall be revoked or terminated during the Term or any
Renewal Term except as expressly stated in this License.
2. This License may be terminated by either party for any or no reason by delivering to the other
party, at any time after the initial five (5) year term of this License, written notice of exercise of this
right to terminate (the "Exercise Notice"). If this right to terminate is exercised, termination of this
License shall be effective upon (a) 12 months after the Exercise Notice is delivered to the other party
From and after the date the Exercise Notice is delivered to the other party until the effective date of
termination, Cox PCS shall have no right to receive any further Schedule not executed prior to
delivery of the Exercise Notice
3. Cox PCS shall have the right to terminate a Schedule on 30 days prior written notice to City (or
any shorter notice expressly set forth below), if:
a. Cox PCS delivers to City such 30-day written notice at any time prior to the
Commencement Date under such Schedule for any reason or no reason;
b. Cox PeS determines at any such time after the Commencement Date under such Schedule
that any governmental or non-governmental license, permit, consent, approval, easement or
restriction waiver that is necessary to enable Cox PCS or Cox L.P. to install and operate Cox
PCS's Improvements cannot be obtained at acceptable expense or in an acceptable time
period;
c. Cox PCS determines at any such time after the Commencement Date under such Schedule
that the Premises are not appropriate or suitable for its or Cox L.P.' s operations for economic,
environmental or technological reasons, including without limitation, any ruling or directive
of the FCC or other governmental or regulatory agency, or problems with signal strength or
interference not encompassed by subsection 3.d. below; provided that if Cox PCS exercises
the right to terminate under this subsection 3.c., Cox PCS shall pay City (or City may deduct
from any rebate due Cox PCS under Section IIAI below) as a termination fee 25% of the
then annual fee for the subject Premises;
d. Any Pre-existing Communications, or any communications facilities or other structures
of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere
with the location, configuration, frequency or operation of Cox PeS's Improvements and Cox
PCS is unable to correct such interference through reasonably feasible means;
e. City commits a default under this License Agreement with respect to such Schedule (other
than under Section II. E. 1. or Section II. I. 3.) And fails to cure such default within the 30-
day notice period, provided that if the period to diligently cure takes longer than 30 days and
City commences to cure the default within the 30-day notice period, then City shall have such
additional time as shall be reasonably necessary to diligently effect a complete cure; or City
commits a default under Section II. E. I or Section II. I. 3. and fails to cure such default
within in five (rather than 30) days after receiving written notice of such default; or
f. The Premises under such Schedule are totally or partially damaged, knocked down or
destroyed from any cause (other than due to Cox PCS's negligence or willful misconduct) so
J/~/2
Page 8
as, in Cox PCS'sjudgement, to hinder Cox PCS's or Cox L.P.'s normal operations and City
does not provide to Cox PCS within ten days after the casualty occurs a suitable temporary
location site for Cox PCS's Improvements pending repair and restoration of the subject
Premises.
4. City shall have the right to terminate a Schedule if:
a. Cox PCS commits a default under this License Agreement with respect to such Schedule
and fails to cure such default within (i) ten business days after Cox PCS receives written
notice of the default where the default is a failure to pay the annual fee for the subject
Premises when due, or (ii) 30 days after Cox PCS receives written notice of any other default
and fails to cure such default, provided that if the period to cure takes longer than 30 days and
Cox PeS commences to cure the default within the 30-day notice period, then Cox PCS shall
have such additional time as shall be reasonably necessary to diligently effect a complete cure;
b. The Premises are wholly or partially damaged or destroyed so as to interfere with Cox
PCS's normal operations, City has no obligation to repair under II. K. 3. above and neither
party elects to repair pursuant to Section II. K. 3. above; or
c. The City Manager determines in good faith that there exists an immediate and substantial
threat to public health and safety due to particular circumstances affecting the Premises which
cannot be rectified through means less onerous than termination ( such as temporary
emergency cessation of use by Cox PCS pending corrective work), in which case termination
shall take effect 48 hours after the Cox PCS receives written notice of termination setting
forth the City Manager's determination and the reasons therefor.
5. A Schedule shall automatically terminate as of the date when possession is delivered to any
governmental authority pursuant to the exercise of its power of eminent domain over the subject
Premises of such portion thereof as is sufficient, in Cox PCS;'good faith opinion, to render the
Premises unsuitable for Cox PCS's normal operations, or pursuant to a transfer of the subject Premises
or such portion thereof under threat or in lieu of exercise of such power.
6. Upon termination of this License, neither party shall have any further rights; obligations or
liabilities to the other except: (a) with respect to provisions of the License which by their sense and
context survive termination; and (b) with respect to the rights and remedies of the parties relating to
the period prior to termination. Upon termination of any Schedule, neither party shall have any further
rights, obligations or liabilities to the other respecting such Schedule or the Premises thereunder
except: (i) with respect to provisions of this License applicable to such Schedule which by their sense
and context survive termination; (ii) where termination is by reason of breach or default of the other
party; and (iii) with respect to the rights and remedies of the parties relating to the period prior to
termination.
M. Proscribed Premises. City and Cox PCS hereby agree that the City properties and rights-of-way
identified in Exhibit A, or as said Exhibit may from time to time be amended by City in its sole discretion, shall not
be included in any Schedules or be available for placement of any Cox PCS Improvements. This provision shall not
apply to any Licensed Premises for which Schedules have been executed at or prior to the effective date of amendment.
III. TERM
A. Term.
) }//3
Page 9
1. The term of this License shall begin on the Commencement Date and shall expire on the date
which completes five (5) years after the Commencement Date, unless it is earlier temúnated by either
party in accordance with the provisions herein. The term of this License maH may be renewed up to
three (3) additional successive terms of five (5) years each upon the written notice by Cox PCS to
the City Manager of its intention to renew not less than sixty (60) calendar days prior to the
cOmmencement of the relevant renewal term and, the City Manager's written approval thereof. Prior
to the renewal of subsequent Terms the Cox PCS and City will meet and confer regarding the Annual
Fee. In the event that Cox PCS has entered into a License Agreement with another municipality in
the Southern California region which contains financial benefits which are superior to this Agreement,
Cox PCS shall be obligated to modify this License to incorporate the same or substantially similar
benefits and such other terms.
2. Subject to the overall License term set forth above, the term of any Schedule shall be as
follows:
a). A Schedule shall continue in effect for five years from said Schedule's
Commencement Date; provided that Cox PCS shall have the right to extend the Term of such
Schedule for one additional period of five years (the "Renewal Term"). The Renewal Term
shall be on the same terms and conditions as the Term. Such Schedule shall be automatically
extended for the Renewal Term unless Cox PCS notifies the City in writing of Cox PCS's
intention not to extend such Schedule at least 90 days prior to expiration of such Schedule's
Term.
b) In the event of an emergency, City shall have the right to interfere with Cox PCS's
Improvements without prior notice to Cox PCS; provided, however, City shall endeavor as
soon as reasonably possible to notify Licensee of such actions and to temúnate such
interference.
3. If the Surety on the bond as referenced in Section IV.B. below should give notice of the
temúnation of said bond, or if Cox PeS should default in any of its obligations under this License and
such default shall continue for thirty (30) days after written notice thereof, City may, by a written
notice to Cox PCS, forthwith temúnate this License, according to the procedures set forth on Section
ILL. (Revocable Use).
B. Condemnation. If a condemning authority takes all of City's Property, or a portion, which in both
parties' opinion is sufficient to render a Premise unsuitable for Cox PCS's use, then the applicable Schedule shall
temúnate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding
each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part
of the Premises to a purchaser with the power of eminent domain, shall be treated as a taking by a condemning
authority.
IV. COMPENSATION AND LIABILITY
A. Payment.
1. In consideration for the use of each Licensed Premises, Cox PCS agrees to pay City an annual
fee of $1800 per Licensed Premises. The annual fee for each Licensed Premises shall COmmence on
the Commencement Date of the Schedule respecting such Licensed Premises. If the Commencement
Date occurs other than on January I, and/or if the Term or final Renewal Terms ends on a date other
than December 31, the annual fee shall be prorated for the first and last partial calendar years during
//-1'/
u__.
Page 10
the Term or final Renewal Term, based on a 360 day year and 12 months of 30 days each. The annual
fee shall be payable in advance on each January 1, except that any partial annual fee for the first partial
calendar year during the Term of any Schedule shall be payable in advance on the Commencement
Date of the subject Schedule. If payment is not received by 45 days after January 1 or the respective
Commencement Date, a late fee of 5% of the balance due will be assessed. In addition, interest will
accrue on the unpaid balance at a rate of 6% per annum until paid.
2. The annual fee for each Schedule shall be adjusted on the first day of the month in which
each anniversary of the Commencement Date under such Schedule occurs throughout the Term and
each Renewal Term of such Schedule by a percentage equal to the Index or three percent (3%)
whichever is greater. The "Index" means the United States Department of Labor, Bureau of Labor
Statistics Consumer Price Index (base year of 1982-84 = 100) for Urban Wage Earners and Clerical
Workers for the San Diego metropolitan area. If the Index is discontinued in its current form, the
Index shall be replaced by a comparable governmental index.
3. If a Schedule is terminated prior to December 31 of any year for any reason other than Cox
PCS's default, City shall rebate to Cox PCS the unearned portion of the annual fee for the calendar
year in which termination occurs, provided that City may reduce any such rebate by (a) any
termination fee owing to City under Section II. L. 3.c. above and (b) those sums, if any, due from Cox
PCS under Section II.K. above. City shall pay such rebate within 60 days after the effective date of
termination. Whenever Cox PCS is entitled to abatement of an annual fee under this License or any
Schedule, City shall credit the amount of such abatement against the next annual fees due from Cox
PCS; provided that if the amount of the abatement exceeds the total next annual fee (if any) due for
the Premises respecting which the abatement has arisen, City instead shall rebate to Cox PCS the full
abatement amount within 30 days after Cox PCS delivers to City written request for such rebate.
4. Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth A venue,
Chula Vista, CA 91910, or to such other place as City may from time to time designate by written
notice to Cox PCS.
B. Service Provision. Upon the commencement of this License, the City shall receive ten (10)
Qualcomm 1920 (or the equivalent) phone packages free of charge and any number of service subscriptions at a
reduced government price plan.
C. Suretv Bond. City shall have the right to require Cox PCS to furnish a bond, or alternative acceptable
to City, to cover the faithful performance by Cox PCS of its obligations under this License. If such a bond is required
by City, it shall be issued by a commercial bonding company which is authorized to transact surety insurance business
in the State of California and satisfactory to City; shall not be subject to termination or cancellation except upon ninety
(90) days' prior written notice by certified mail to City; shall be in such form and in such amount, not to exceed
$10,000, as City shall specify from time to time; and, subject to termination or cancellation as foresaid, shall be
maintained in full force and effect throughout the life of this License and until City, in its sole discretion, determines
that Cox PCS has fulfilled all of its obligations under this License.
D. Hold Harmless.
1. Cox PCS shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees (each a 'City Party'), from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of
the Cox PCS, or any agent or employee, subcontractors, or others acting under the direction or control
of Cox PCS in connection with this License, except only to the extent of those claims arising from
the negligence or willful conduct of the City, its officers, or a City Party. Cox PCS's indemnification
shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers,
)/-;5
Page 11
agents, or employees in defending against such claims, whether the same proceed to judgment or not.
Further, Cox PCS at its own expense shall, upon written request by the City, defend any such claims
brought against the City, its officers, agents, or employees. Cox PCS's indemnification of City shall
not be limited by any prior or subsequent declaration by the Cox PCS.
2. Lessor shall indemnify, defend, protect and hold harmless Lessee, its affiliates, and each of their
directors, officers, partners, shareholders, agents and employees from and against any claim, cause of
action, demand, injury, damage, liability, loss, cost or expense (including but not limited to reasonable
attorneys' fees) to the extent arising out of or resulting from use and operation of Lessor's Property by
Lessor or its employees, agents, contractors, tenants (other than Lessee) or invitees or the condition
of Lessor's Property; provided that Lessor, its affiliates and each of their directors, officers, partners,
shareholders, agents and employees shall have no liability for any injury, loss, cost or expense
occasioned by theft, fire, act of God, civil disturbance, strike, order of governmental authority,
interruption of utility service or other cause beyond their reasonable control and not resulting from,
or contributed to by, their negligence.
3. It is agreed between the parties that the City assumes no responsibility or liability for loss,
damage, expenses or claims, direct or consequential, from (a) the Cox PCS'S inability to use the
Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities
on which Cox PCS Improvements may be placed, inability to use the site, or otherwise, (b) the Cox
PCS'S use of any related access roads, or (C) the tennination of the license by either party.
4. Notwithstanding any contrary provision of this Lease, each party hereby waives any right to
recover from the other party or other party's partners, affiliates, agents and employees any loss or
damage resulting from any cause or hazard to the extent the loss or damage is covered by property
insurance carried by the party suffering loss or damage, including any loss or damage resulting from
loss of the use of any property and provided that at the time of loss the property insurers for both
parties have waived rights of subrogation. These waivers shall apply between the parties and to any
property insurer claiming under or through either party as a result of any asserted right of subrogation,
unless any property insurer has not waived its right of subrogation (in which case these waivers shall
have no effect). Lessor and Lessee each shall cause its respective property insurer to include in the
insurance policy an endorsement or clause waiving the insurer's rights of subrogation against Lessee
and Lessor, respectively.
E. Insurance. Cox PCS shall obtain and maintain at all times during the tenn of this License (including the
period between the expiration hereof and Cox PCS's removal of its Radios or other equipment from the Public Way)
commercial general liability insurance and commercial automobile liability insurance protecting Cox PeS in an amount
not less than One Million Dollars ($1,000,000) per OCCurrence (combined single limit), including bodily injury and
property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal
injury liability and products-completed operations. Such insurance policies shall name the City, its council members,
officers, and employees as additional insured as respects any covered liability arising out of Cox PCS' s performance
of work under this License. Coverage shall be provided in accordance with the limits specified and the Provisions
indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage
shall be provided in following fonn. Such insurance shall not be canceled or materially altered to reduce coverage until
the City has received at least thirty (30) days' advance written notice of such cancellation or change. Cox PCS shall
be responsible for notifying the City of such change or cancellation.
\. Filing of Certificates and Endorsements. Prior to the commencement of any work
pursuant to this License, Cox PCS shall file with the City the required original certificate(s) of
insurance with endorsements, subject to the City's prior approval, which shall clearly state all of
the following:
(a) the policy number; name of insurance company; name and address of the agent or
JJ~/;
Page 12
authorized representative; name, address, and telephone number of insured; project name
and address; policy expiration date; and specific coverage amounts;
(b) that thirty (30) days' prior notice of cancellation is required to the City; and
(c) that Cox PCS' s insurance is primary as respects any other valid or collectible
insurance that the City may possess, including any self-insured retentions the City may
have; and any other insurance the City does possess shall be considered eXCess insurance
only and shall not be required to contribute with this insurance.
(d) City is a named additional insured. The certificate(s) of insurance with
endorsements and notices shall be mailed to the City as the address specified in V.E.
below:
2. Workers' Compensation Insurance. Cox PCS shall obtain and maintain at all times during
the term of this License statutory workers' compensation and employer's liability insurance in an amount
not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof
of such coverage.
3. Insurer Criteria. Any bond orjnsurance provider of Cox PCS shall be admitted and
authorized to do business in California and shall be rated at least A:X in A.M. Best & Company's
Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not
acceptable.
4. Severability of Interest. Prior to the execution of this License, any deductibles or self-insured
retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by
the City. "Additional insured", "Cross liability," "severability of interest," or "separation of insured"
endorsementslclauses shall be made a part of the commercial general liability and commercial automobile
liability policies.
5. Contractors' and Subcontractors' Insurance. Cox PCS shall require that all contractors
and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies
of all certificates evidencing such policies of insurance.
6 Insurance and Indemnification Obligation. Cox PCS' s compliance with the insurance
requirements herein shall not excuse, replace, or otherwise affect Cox PCS's duty to indemnify and defend
the City pursuant to IV. D. of this License.
F. Nuisance. Cox PCS shall not use the licensed Premises in any manner which, in the reasonable
opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons in said
area. City reserves its rights to exercise its police powers and authority as they may apply to nuisance response and
abatement, as provided by City ordinance exclusive of any contract provisions.
V. MISCELLANEOUS
A. Possessorv Interest. Cox PCS shall pay personal property taxes and possessory interest taxes, if
any, assessed against Cox PCS's Facilities and City shall pay when due, if any, all real property taxes and all other
taxes, fees and assessments attributable to the Premises and the applicable Schedule. Cox PCS recognizes and
understands that this license may create a possessory interest subject to property taxation and that Cox PCS may be
subject to the payment of property taxes levied on such interest. Cox PCS further agrees that such tax payment
shall not reduce any fee paid to City hereunder and that such tax shall be paid by Cox PCS before becoming
delinquent. City has no responsibility or liability for any such tax.
/J~/7
Page 13
B. Potential Utility Users' Tax Cox PCS acknowledges and agrees that the City may require users of
revenue-producing services such as the Services to pay a utility users' tax ("Utility Tax") to the City pursuant to
City's Municipal Code. If the City determines that the Services are subject to the Utility Tax, Cox PCS agrees to
collect the tax from Service users and remit such tax to the City in accordance with the City's Municipal Code.
C. Governmental Approvals. Each Schedule under this License is conditioned upon Cox PCS, or
Cox PCS's assigns, obtaining all governmental permits and approvals enabling Cox PCS, or its assigns, to construct
and operate mobile/wireless communications facilities on the Cox PCS' s Improvements for that Schedule. Cox
PCS shall at its sole cost and expense comply with all the requirements of all municipal, state, and federal
authorities now in effect or which may hereafter be in effect, which pertain to the Cox PCS's Improvements and
use thereof. City shall have no responsibility or liability for any such requirements. Cox PCS shall be responsible
for obtaining any permits and approvals from any agency having jurisdiction over Cox PCS's activities. This
Agreement does not constitute governmental approval by City of this or any use.
D. Governine LawlVenue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista,
or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula
Vista.
E. Si!!ns. No signs shall be displayed on the Premises without the prior written consent of the City.
F. License Administrators. For administrative purposes, any activity covered by this agreement
which requires permission or consent of City shall be referred to the City Manager or Manager's duly designated
representative at the following address:
City Manager, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Phone: (619) 691-5031
Fax: (619) 585-5612
The designated person, address, and phone number for serving official notice on the Cox PCS shall be:
ContractJRegulatory
Sprint PCS
Southern California/Nevada
18200 Von Karman Avenue, Suite 100
Irvine, California 92612
Phone: (714) 623-5000
Fax: (714) 623-5172
G. Successors and AssÌlms.
I. Except as provided in subsection 2 below, Cox PCS shall not assign any rights granted by this License
nor any interest therein without the prior written approval of the City. Approval of any such proposed assignment
may be withheld in the sole and absolute discretion of the City. Any assignment by operation of law shall
automatically terminate this License. The terms and provisions of this License shall extend to and be binding upon
and inure to the benefit of any successors and assigns of the respective parties hereto.
))~(~
Page 14
2. Notwithstanding Section I above, Cox PCS may, without City's approval aud in Cox PCS's sole
discretion, from time to time, do any of the following:
a) grant to any person or entity a security interest in some or all of Cox PCS's Improvements
and/or other property used or to be used in connection with this License;
b) assign or pledge Cox PCS' s interest in this License or any Schedule to any person or entity to
finance Cox PCS's equipment or operate Cox PCS's business;
c) sublicense any Premises to Cox L.P. or otherwise permit Cox L.P. to use any Premises as
provided in this License (in which case Cox PCS' s Improvements are deemed to mean the
communications equipment of Cox L.P. installed on such Premises); and
d) assign (i) to any entity which has, directly or indirectly, a 30% or greater interest in Cox PCS (a
"parent") or in which Cox PCS or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any
entity with which Cox PCS and/or any Affiliate may merge or consolidate; (iii) to a buyer of
substantially all of the outstanding ownership units or assets of Cox PCS or any Affiliate; or (iv) to
the holder or transferee of the Federal Communications ("FCC") license under which Cox PCS' s
Improvements are operated, upon FCC approval of any such transfer. Any such assignment shall
not be effective until the assignee signs and delivers to City a document in which the assignee
assumes responsibility for all Cox PCS' s obligations under this License arising from and after the
effective date of assignment.
H. Non-Waiver of Breaches. The City'S or Cox PCS'S failure to insist, respectively, in anyone or
more instances, upon strict performance of any of the covenants or conditions of this License shall not be
considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the same shall
continue and remain in full force and effect.
L Entire A!!reement. This instrument contains the entire agreement between the parties relating to
the rights herein granted and the obligations herein assumed. No alteration or variation of this License shall be
valid or binding unless made in writing and signed by the parties hereto.
J. Duties and OblÍ!mtions Survive Any and all duties and obligations of Cox PCS and specifically
those set forth in Section II.C. and ILK. herein will remain operative and shall survive the tenn of this License and
any Schedules and amendments to this License.
K. Time is of the Essence Time is of the essence in performing each and all of the tenns and
provisions of this
License.
L. Waiver of Prooertv. Relocation and Condemnation Ri~hts Cox PCS acknowledges and agrees
that this License does not confer any of the following: a property right or interest or, a right to relocation or
relocation assistance,.
M. Cox PCS shall not bring any Hazardous Materials onto the Licensed Premises except for those
contained in its back-up power batteries (e.g. lead-acid batteries) and properly stored, reasonable quantities of
common materials used in telecommunications operation (e.g. cleaning solvents). Cox PCS shall handle, store and
dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and
local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is
presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation
and specifically includes but is not limited to asbestos and asbestos containing materials, polychlorinated
biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereof).
//~II
Page 15
N. Notwithstanding any provision in this Agreement to the contrary, Cox PCS acknowledges and agrees
that City retains any and all police powers authority available at Law or in equity to regulate the conduct of Cox
PCS within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that
nothing in this Agreement is intended to or shall the affect of condemning or limiting such authority in any way.
O. Notwithstanding any provision in this Agreement to the contrary Cox PCS's sole remedies for the City's
breach of the Agreement shall be (I) termination of the License or one or more Schedules, as appropriate; (2)
specific perfonnance; or (3) the right to withhold amounts otherwise due and payable to City hereunder with
respect to one or more Licensed Premises where the right of offset is specifically provided elsewhere under this
Agreement. Except as expressly provided in the preceding sentence, in no event shall Cox PCS be entitled to
monetary damages against the City for breach of contract hereunder.
The Next Page is the Signature Page
J/ /.2tJ
Page 16
Please acknowledge your agreement to the foregoing tenns and conditions on the enclosed copy of this letter and return
it to the City Manager.
Citv Cox PCS
City of Chula Vista, Cox PCS Assets, L.L.C.,
a California municipal corporation a Delaware limited liability company
276 Fourth Avenue By: Cox Communications PCS, L.P.
Chula Vista, CA 91910 a Delaware limited partnership, its only member
By: By:
Name: Name:
Title: Title:
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COUNCil AGENDA STATEMENT
/;1.,
Item___
Meeting Date 11 /1 7 /98
ITEM TITLE: R I' JiJ.¿~.. Consultant Selection Process
eso utlOn éIlvmg as
Impractical and Approving Agreement with RNL Design for
Corporation Yard Master Plan Update and Schematic Design
D',","",' rp/
SlJI!MlTIED BY, Dcr,"oc of Publi' WOCk~
REVIEWED BY: City Manag~~ (4/5th Vote _ Yes -.X. No)
In November 1990, the City Council ap oved an agreement with RNL/Interplan (now
RNL Design) for preparation of a Master Plan for a new City Corporation Yard. At that
time, the City had an agreement to purchase a site adjacent to what will now be
Olympic Parkway in Sunbow II. Due to the collapse of the building economy in the
early 1990's, Sunbow II was not built. Subsequently, Council approved purchase of a
site in Otay Rio Business Park, which was, instead, used by White Water Canyon.
On September 15, 1998, the City Council approved an agreement with SDG&E for the
City's purchase of SDG&E's South Bay Service Center at 1800 Maxwell Road. The
accompanying Agenda Statement indicated that staff would be returning with financing
recommendations as well as recommendations regarding consultant and architectural
services for the planning and design of the new Corp Yard. Financing alternatives are
still being considered by the City's Financial Consultant. This Agenda Statement will
make recommendations to update the current Master Plan to fit the SDG&E site and
prepare schematic design drawings prior to construction of improvements at the site.
RECOMMENDATION: Approve the resolution waiving the City's consultant
selection practice as impractical and approving the agreement with RNL Design for
preparation of a revised Corporation Yard Master Plan and new schematic design
drawings for the SDG&E site.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: As indicated above, on September 15, 1998, the Council approved
an agreement with SDG&E to purchase their South Bay Service Center for the City's new
Corporation Yard. Escrow is expected to close in February. In order to have
construction for the Tenant Improvements required for City occupancy commence as
soon as possible after the close of escrow, staff is recommending that RNL Design
prepare a revised Master Plan and schematic design drawings prior to the close of
escrow. Staff anticipates that escrow will close satisfactorily and the site will become
the City's new Corporation Yard. Time saved in getting construction started,
completed, and the move into the new Corporation Yard, is worth the slight risk that
the site might not become City property.
Should the Master Plan revision and schematic design phases be completed prior to the
close of escrow, staff will also return to Council for approval of construction drawing
preparation before escrow closes.
/,2 - /
- - ---_._-.-~-----~---~------
Page 2 Item___
Meeting Date 11 /17 /98
As indicated above, in November 1990, RNL Design was selected (using the standard
City consultant selection process) to prepare a Master Plan for a new City Corporation
Yard at Sunbow II. RNL Design completed that process in an exemplary fashion by
working closely with City staff, Transit staff, and the Transit contract service provider.
Consequently, staff believes the Master Plan developed for the Sunbow site would have
provided a more than satisfactory Corporation Yard at that particular site. The Master
Plan now needs to be updated and revised to take into account the changes in City
staffing and working practices that have evolved over the last seven years; the addition
of Otay Ranch to the City's service area; and the fact that the City is purchasing a site
with existing facilities which must be modified to meet the City's current and long
term requirements.
The City's normal consultant selection process consists of preparation and
dissemination of an RFP; selection of a staff committee to screen and pick the final
consultant; review of proposals submitted by consultants; setting up an
interview/presentation process for the top four or five candidates; selection of the final
consultant; developing a satisfactory agreement, and negotiating same, including
compensation with the selected consultant; and ultimate presentation of the
recommendation to Council. This process takes at least four to six months. Since staff
believes it is in the City's best interest to be able to occupy the new Corporation Yard
as soon as possible and RNL Design is familiar with the City's needs and staff as a
result of preparation of the initial Master Plan and has a demonstrated expertise in this
specialized field (which includes Transit Operations), staff recommends waiving, as
impractical, the normal consultant selection process under provision 2.56.070 of the
Chula Vista Municipal Code. In addition to the reference checks done as part of the
selection process in 1990, staff also checked more recent references for recently
completed jobs in the Southern California area. All references spoke highly of RNL's
performance and would (and in some cases had) hire them again.
Staff and RNL Design have toured the SDG&E site. RNL Design was given a set of plans
for the site, reviewed the Corp Yard Public Facilities DlF update done last March, and
submitted a proposal with a pricing arrangement. The proposed agreement is similar
to the last agreement with RNL Design, except for new requirements the City Attorney's
Office inserted with regards to insurance requirement levels and some other minor
matters. The agreement was prepared and approved by the City Attorney's office.
Staff has negotiated a price for the four phases with RNL Design as follows:
· Phase I - Program Update $ 21,000
· Phase II - Facility Analysis $ 16,000
· Master Plan $ 38,000
· Schematic Design $ 80.000
Subtotal of Fees $155,000
· Expenses (estimated) $ 10,000
Total of Fees $165,000
The agreement provides compensation to RNL Design based on time and materials with
a not-to-exceed figure of $165,000. Staff and RNL Design believe this is the best
arrangement for both parties since both RNL and staff are uncertain as to the level of
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Page 3 Item___
Meeting Date 11 /17 /98
involvement that will be required for the first three phases (basically updating the
current Master Plan to reflect changed City circumstances over the last seven years and
to provide for a site that not only is different than the initial plan, but already has
existing facilities). Should the work not be required that RNL Design envisions for
those first three phases, then the City will pay for only what is required.
Phase IV, the schematic design, would normally be the regular design phase in a
completely new building. However, since this site already has improvements
constructed, significantly more work is required to fit a design to the improvements
that are already in place. It seems a paradox that when an entity decides to remodel an
existing site rather than build something new, that while the total construction costs
are significantly less than with a completely new site (the City saved approximately $15
Million over new construction), the design costs are usually higher because the
architect must take into account what is already built.
City staff has discussed RNL Design's submitted fees amongst themselves and with
architectural and design professionals working on the City's Animal Shelter in an effort
to determine if RNL Design's fees are reasonable. Staff concluded that those fees are
reasonable and a significantly lower price would not have been received by following
the normal consultant selection process. Any money that might have been saved will
be more than offset by an earlier move to the new Corporation Yard.
Exhibit D to the agreement with RNL Design includes a preliminary schedule for the
entire project including the work that is being approved under this agreement,
preparation and review of construction documents, and construction and final move to
the new Corporation Yard. The major completion dates are as follows:
· Completion thru Phase III (Master Plan Update) February 15, 1999.
· Completion of Schematic Design Phase March 31, 1999.
· Completion of Construction Documents June 30, 1999.
· Completion of Construction and Move In April 30, 2000.
The only time frames, at this point, that are at all certain, are the first four phases
through schematic design. Until schematic design is completed and the exact
construction requirements determined, it is difficult to ascertain the time necessary to
prepare the construction documents and the actual construction itself.
Both RNL Design and staff are committed to working closely together in an attempt to
shorten up the time required for completion of schematic design. When an award is
made for preparation of construction documents and subsequent award of the
construction itself, staff will also work closely with whomever is selected for those two
phases to ensure that City staff can move into the new Corporation Yard in as timely a
manner as possible. Depending on which additional divisions (such as Engineering
Construction Inspection, Open Space Inspection and some Building Inspection staff)
will be located at the new Corporation Yard, it may be possible to phase the
construction so that some staff can safely move into the office building without
interfering with the contractors working on the remainder of the site and without
providing work stoppages to City staff caused by such things as power, water, and
phone outages during construction.
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Page 4 Item___
Meeting Date 11 /17 /98
FISCAL IMPACT: The maximum cost under the agreement for provision of a revised
Master Plan and schematic design drawings is $165,000. In addition, significant staff
time costs will begin to be incurred both during preparation of the revised Master Plan
and throughout the life of the project. RougWy $3.5 million is already available in the
CIP project (GG 131) for purchase of a new City Corporation Yard. Staff intends to
transfer funds internally into appropriate accounts within that CIP project to fund both
this agreement and staff charges.
AttaChmentsNOT~
. The Agreement re erre to in this Agenda Statement is attached to the
accompanying Resolution.
D:\WINWORD\Corp Yard\A1l3 RNL Master Plan final.doc
File: 91O-30-C
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RESOLUTION NO. ) 7' .2??
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING CONSULTANT SELECTION
PROCESS AS IMPRACTICAL AND APPROVING AGREEMENT
WITH RNL DESIGN FOR CORPORATION YARD MASTER
PLAN UPDATE AND SCHEMATIC DESIGN DRAWINGS
WHEREAS, in November 1990, the City Council approved an
agreement with RNL/Interplan (now RNL Design) for preparation of a
Master Plan for a new City Corporation Yard; and
WHEREAS, at that time, the City had an agreement to
purchase a site adjacent to what will not be Olympic Parkway in
Sunbow II, however, due to the collapse of the building economy in
the early 1990's, Sunbow II was not built; and
WHEREAS, subsequently, Council approved purchase of a
site in Otay Rio Business Park, which was, instead used by white
Water Canyon; and
WHEREAS, on September 15, 1998, the City Council approved
an agreement with SDG&E for the City's purchase of SDG&E's South
Bay Service Center at 1800 Maxwell Road; and
WHEREAS, consequently, it is necessary to update the
current Master Plan to fit the SDG&E site and prepare schematic
design drawings prior to construction of improvements at the site;
and
WHEREAS, RNL is uniquely qualified to perform the work
based upon the previous work performed and their intimate
familiarity with the project.
NOW, THEREFORE, BE IT RESOLVED based upon the facts set
forth above, the city Council of the City of Chula Vista does
hereby waive the consultant selection process as impractical in
accordance with Section 2.56.070 of the Chula Vista Municipal Code.
BE IT FURTHER RESOLVED that the City Council does hereby
approve an Agreement with RNL Design for Corporation Yard Master
Plan Update and Schematic Design Drawings, in the form submitted,
a copy of which shall be kept on file in the office of the City
Clerk, as Document No (If¡Cff, {J:26
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BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute said Agreement for and on behalf
of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
H:\home\larraine\rs\rnl.agr
2
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AGREEMENT FOR MASTER PLAN AND
DESIGN CONSULTING SERVICES
[CITY CORPORATION YARD]
This Agreement for Master Plan and Design Consulting
services [City Corporation Yard] ( "Agreement" ) is entered into
effective as of November 17, 1998 ("Effective Date") between the
City of Chula vista ("city") , a municipal corporation of the State
of California, and RNL Interplan, Inc. , dba RNL Design, a
professional architecture and planning firm ("Consultant") , and is
made with reference to the following facts:
RECITALS
WHEREAS, the city desires to develop a new City Public
Works Operations Facility and Corporation Yard ("Corporation Yard"
or "Project") by making improvements to the existing SDG&E
Corporation Yard located at 1800 Maxwell Road in the City of Chula
Vista, California; and
WHEREAS, pursuant to a previous agreement dated November
13, 1990, Consultant had prepared a Master Plan for the Corporation
Yard to be located at an alternative site; and
WHEREAS, the city of Chula vista desires to have the
Consultant update the Master Plan for the new proposed Corporation
Yard; and
WHEREAS, the 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 the Consultant to the
City within the time frames herein provided all in accordance with
the terms and conditions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED the City and Consultant do
hereby mutually agree as follows:
1. Article I. Consultant's Duties.
A. General Duties.
Consultant shall prepare an update to the Master Plan for the
proposed city Corporation Yard through its performance of the
following tasks:
1. Evaluate and update the previous space needs program
based upon current operations and facilities, and
identify additional space needs, functional requirements
and facility modifications for the Project.
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2 . Review the conditions of the existing buildings and site
at the SDG&E Facility and evaluate their ability to
satisfy future City needs.
3 . Develop a conceptual layout of the Project to address
programmatic and facility needs identified in Items 1 and
2, above.
4 . Prepare schematic drawings of the agreed upon Master Plan
concept in order to define in more detail the scope of
the required improvements and modifications.
(The duties of the Consultant as contained in this section
herein may hereinafter be referred to as "General Duties").
B. Scope of Work and Schedule
In the process of preparing said Master Plan, the Consultant
shall perform the duties and deliver the "Work Product" as is set
forth in the Scope of Work attached hereto as Exhibit A, attached
hereto and incorporated herein by this reference. (The General
Duties and the work required in the Scope of Work shall be herein
referred to as the "Defined Services") .
Consultant shall perform all of the Defined Services herein
required of it by not later than April 1, 1999, and shall abide by
and comply with any interim time frames and milestone dates that
may be set forth in Exhibit A, and Exhibit 0, each of which is
attached hereto and incorporated herein by this reference.
Time extensions for delays beyond the Consultant's control,
other than delays caused by the City, may be requested in writing
to the Deputy Director of Public Works/Operations, or his 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. Time is of the essence for Consultant's performance of
its obligations hereunder.
C. Standard of Care
Consul t an t , in performing any Defined Services under this
agreement, shall perform such services 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.
D. Insurance
l. Consultant represents that it and its agents, staff
and consultants employed by it are protected by worker's
2
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compensation insurance and the Consultant has the coverage under
public liability and property damage insurance policies which this
Agreement requires to be demonstrated in the form of a certificate
of insurance.
2. Consultant will provide to the city, prior to the
commencement of the services required under this Agreement
certificates of insurance evidencing the following insurance
coverages:
a. Statutory Worker's Compensation coverage.
b. General and Automobile Liability coverage of
$1,000,000 combined single limit "occurrence based"
coverage which names City as an additional insured,
and which is primary to any policy which the City
may otherwise carry ("primary coverage"), and which
treats the employees of the city and Applicant in
the same manner as members of the general public
("cross-liability coverage").
c. Errors and Omissions insurance of $1,000,000 unless
Errors and Omissions coverage is included in the
General Liability policy.
3. All policies shall be issued by a carrier that has a
Best's Rating of "A, Class V", or better and shall otherwise meet
with the approval of the City's Risk Manager.
4. All policies shall provide that same may not be
canceled without at least thirty (30) days written notice to the
City.
5. Policy endorsements reflecting additional insured
coverage, primary coverage and cross-liability coverage shall be
required.
6. Deductibles on general liability and errors and
omissions coverage shall not exceed $25,000.
II. Article 2. Duties of the City
A. Consultation and Cooperation.
City shall regularly consult with the Consultant for the
purpose of reviewing the progress of the Work and to provide
direction and guidance to accomplish the Work. In addition
thereto, the City agrees to provide the information required by the
Consultant and to use good faith and best efforts to make Public
Works staff available to the Consultant when requested, to provide
information regarding staffing, operations, and future programs,
with the further understanding that delay in the provision of this
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information will constitute a basis for the justifiable delay in
the Consultant's performance of this agreement.
B. Compensation
City shall pay the Consultant for the Defined Services on a
time and materials basis in an amount not to exceed One Hundred
sixty Five Thousand Dollars ($165,000.00). Compensation shall be
payable in monthly progress payments on an hourly rate basis plus
reasonable expenses, as provided on Exhibit B and Exhibit C
attached hereto and incorporated herein by this reference. with
respect to the final phase of the work (Phase IV, Schematic
Design), City shall withhold ten percent (10%) of amounts otherwise
due for each monthly billing. Retained amounts shall be due and
payable within fifteen (15) days after City's receipt and approval
of the final Schematic Design deliverables.
C. Reductions in Scope of Work.
City may from time to time reduce the Scope of Work by the
Consultant to be performed under this Agreement. City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the Fee associated with
said reduction.
D. Additional Scope of Work.
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the General Duties and Scope of Work
( "Additional Services), and upon doing so in writing, Consultant
shall perform same on a time and materials basis at the rates set
forth on Exhibit B. All compensation for Additional Services shall
be paid monthly as billed.
III. Article 3. Administration of Contract.
The city hereby designates the Deputy Director of Public
Works/Operations, or his written designee, as its representative
for the review and administration of the work performed by
Consultant herein required.
IV. Article 4. Term.
Subject to the terminations provisions set forth elsewhere
herein, this Agreement shall terminate when all parties have
complied with their obligations hereunder.
V. Article 5. Financial Interests of Consultant.
Consultant warrants and represents that neither he, nor his
immediate family members, nor his employees or agents ( "Consultant
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Associates") presently have any interest, directly or indirectly,
whatsoever in the property which is the subject matter of the
project, or in any property within 2 radial miles from the exterior
boundaries of the property which is the subject matter of the
Project, or ("Prohibited Interest") except as listed on an
attachment.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or
Associates. 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 neither Consultant nor his immediate
family members, nor his employees or agents, shall acquire any such
Prohibited Interest within the Term of this Agreement, or for 12
months after the expiration of this Agreement.
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.
VI. Article 6. Hold Harmless.
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for (i) those claims arising from the sole
negligence or sole willful misconduct of the City, its officers,
employees or other persons, firms or agencies for whom the City is
legally responsible, or (ii) with respect to losses arising from
Architect's professional errors or omissions, those claims arising
from the negligence or willful misconduct of City, its officers,
employees or other persons, firms or agencies for whom the City is
legally responsible. 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.
Consultants' obligations under this section shall not be limited by
any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the
termination of this Agreement.
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VII. Article 7. Termination of Agreement for Cause.
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner his/her 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.
VIII. Article 8. 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.
IX. Article 9. Assignability
The services of Consultant are personal to the city, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, which the City
may withhold in its sole discretion.
X. Article 10. Ownership, Publication, Reproduction and Use
of Material
All reports, studies, information, data, statistics, forms,
designs, plans, 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
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country without the express written consent of City. City shall
have unrestricted authority to publish, disclose 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. Consultant shall be
permitted to retain copies of all work performed under this
Agreement, including reproducible copies and shall be permitted to
prepare standard marketing information regarding the Project for
use in brochures, proposals or displays.
XI. Article 11. Independent Contractor.
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury, leave or other leave benefits.
XII. Article 12. Consultant's Designated Representative.
Consultant hereby designates that Patrick M. McKelvey shall be
Consultant's representatives ("project Manager") to the Project for
the duration of the Project. No substitution for this position
shall be allowed without written approval from the City.
XIII. Article 13. Administrative Claims Requirements and
Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the city unless a claim has first been presented
in writing and filed with the city and acted upon by the city in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
XIV. Article 14. Attorney's Fees
Should any dispute, as referred to in Article 13 above, 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.
XV. Article 15. Statement of Costs
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In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document as a result
of the scope of work required of Consultant, 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.
XVI. Article 16. 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
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 from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
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This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the city of Chula vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
ACJ1:eenlC"nt for Master Plan and Design Consulting services with
RNL/lnterplan [City Corporation Yard]
IN WITNESS WHEREOF, city and Consultant have entered into
this Agreement as of the Effective Date.
CITY OF CHULA VISTA RNL Interplan, Inc. ,
dba RNL Design
Shirley Horton, Mayor Patrick M. McKelvey, AlA
Associate Principal
Attest
Beverly Authelet
City Clerk
Approved as to form:
John M. Kaheny, city Attorney
H:\home\lorraine\ag.rnl
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Exhibit A
Scope of Work
Revised
October 26, 1998
Project: City of Chula Vista
Corporation Yard
Location: SDG & E South Bay Service Center Site
Chula Vista, California
Introduction
The City of Chula Vista has purchased the former South Bay Service Center from San Diego
Gas & Electric Company (SDG&E). The facility consists of an administtative office building,
warehouse building and vehicle maintenance building on a 25 (15.9 net) acre site. The site also
contains a fueling island, employee and visitor parking area, and yard areas for vehicle parking
and equipment.
The City intends to utilize the SDG&E site for the Public Works Deparnneot Operations Facility
and Corporation Yard. The facility would house the Administration, Sewer, Streets, Traffic,
Vehicle Maintenance, Building Maintenance, Parks Maintenance, Communication, Soils, and
Central Stores functions. Additionally, other City functions will utilize the facility, such as
Transit and City Inspectors.
Scope of Work
Based upon our experience in preparing the previous City of Chula Vista Corporation Yard
Master Plan in 1991, discussions with City staff and walk through of the facility on September
22,1998, we have prepared this detailed scope of work. We have divided the work into the
following phases:
Phase I Program Update
Phase II Facility Analysis
Phase III Master Planning
Phase N Schematic Design
Phase I Program Update
The purpose of the Program Update Phase will be to evaluate and update the previous space
needs program based upon the current operations and facilities, and to identify additional space
rreeds.functional requirements and facility modifications for the City Corporate Yard
operations. The specific work of Phase I will include:
A. Identif)' Key Staff
The project will commence hy identifying each of the key City staff to be interviewed
and those to participate as members of the Staff Review Committee. Persons to be
interviewed should include the Public Wnrks Directnr and Deputy Director, the
Manager/Supervisor of each City Division housed at the Corporate Yard including
Administration, Sewer, Streets, Traffic, Vehicle Maintenance, Building Maintenance,
Communication, Soils, Park Maintenance, Central Stores, Transit, Transit Contractor
and other key staff responsible for a particular area of the operation.
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B. Orientation Meeting
The Consultant will conduct an orientationlkick-offmeeting for all of the key persons
to explain the process and how each person can panicipate most effectively. During
this meeting, questionnaires will be distributed and explained to those to be
interviewed. Additionally, the Consultant will meet with Public Works Administration
to develop the overall strategy and schedule for the study.
C. Tour Existing Facilities
Once the questionnaires have been completed and collected, the Consultant team will
assemble in the offices of the Public Works Department for the fIrst on-site planning
session. The first task of this session will be to tour all the existing facilities to view the
work and operations in progress.
D. Interview Key Staff
Interviews of approximately 1- l'h hours in length will be held with each of the
identified staff to determine more fully the needs, requirements and current operating
procedures for each department/division. Typically, these interviews focus on
identifying the number of staff, vehicles, equipment, and the type of work each person
is involved in, the storage requirements, the function and responsibilities of each
department, and those groups with which there is significant interface, etc. SpecifIc
information to be gathered and discussed during the on-site interviews will include, but
not be limited to:
· Review current and projected staffmg for each area of the organization including
administration, maintenance, shops, warehouse, etc.
· Review requirements forrepair, inspection and special use bays.
· Review existing policies, procedures, and maintenance techniques.
· Review existing Purchasing and Stores policies, procedures and techniques.
· Review techniques for storage of hazardous materials.
· Review requirements for fueling, including alternative fuels (CNG).
· Review site and building security requirements.
· Review staff support space needs including me rooms, copy areas, shower and
locker areas, break rooms, vending, etc.
· Review dispatch requirements.
· Review training requirements.
· Review requirements for shops, materials storage and equipment storage.
· Review site access and circulation requirements including frequency and time of
day for City operations, visitors and vendors.
· Review vehicle washing requirements.
· Review conference room needs.
· Determine parking requirements for City vehicles, employee vehicles, visitor
vehicles and delivery vehicles.
· Determine affmity relationships between Divisions and within Divisions.
E. Compile Data on Existiog VehicleslEquipment
Data on all vehicles or equipment to be maintained will be assembled based upon
information provided to Consultant by the City and the Transit contractor. Data to be
included io the VehicleÆquipment inventory are make, model, dimensions, weights,
quantities and operating characteristics.
F. Inventory Existing Facilities
As part of this task, the Coosultant will determine how much space the City's
administration, operations, maintenance and shops facilities currently occupy. The
inventory will document the space by functional area for those departments not
included in the 1991 study.
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G. Update Space Needs Program
Based upon the infonnation learned through the questionnaires. interviews, review
meeting and facility tours, the Consultant will update the space needs program.
Included in this program will be existing square footage, the amount currently required.
and the projected area for initial occupancy, 10 years and 20 years. Space will be
programmed for interior space (offices, shops, maintenance, warehouse, etc.) covered
spaces (canopy covered stnrage for materials or vehicles) and exterior spaces
(employee parking, City vehicle parking, visitor parking, material storage, fueling and
washing), as well as total site area requirements for site circulation and setbacks. The
space needs program will be submitted in preliminary form for review by the City.
H. Prepare Final Facility Program
Upon completion and review of all work included above, the Consultant will prepare a
Final Facility Program Document. This document will include the preliminary report
with any comments from the City's review.
Deliverables:
. Preliminary Space Needs Program
. Final Facility Program Document
Pbase n Facility Analysis
The purpose of the Facility Analysis Phose will be to review the conditions of the existing
buildings and site and to evaluate their ability to satisfy the needs of the City for the future. The
specific work of Phose 11 will include:
A. Assess Condition of Existing Facilities and Building Equipment
The Consultant will assess the condition of the existing buildings, site and equipment at
the SDG&E Facility. This assessment will focus on the regulatory and code
requirements governing the operations of the facility including the accessibility of the
facilities, the re-use of buildings and equipment, the current condition of the site
utilities and infrastructure, fueling and washing facilities, and similar requirements.
The Consultant will meet with and obtain information from SDG&E staff.
B. Identify Needs and Opportunities
The Consultant will identify the deficiencies and needs of each of the buildings and the
site. We will assess the ability of the existing facilities to accommodate the program
requirements identified in the interviews and programming tasks. A priority matrix
will be developed to identify the need for upgrade and modernization.
C. Site Survey (provided by tbe City)
The City will provide a site survey of the SDG&E property which will indicate existing
topographic contours at two foot increments, existing structures, knowo underground
and above ground utilities.
D. Review Reports Provided by City
The Consultant will review repons and documents regarding the SDG&E site provided
by the City including surveys, utilities, easements and environmental documents.
E. Develop Preliminary Facility Analysis Report
Based upnn the information gathered doring this phase, the Consultant will prepare a
Facility Analysis Report and submit to the City for review and comment.
/,2//1
F. Prepare Final Facility Analysis Report
Upon completion and review of all work included above, the Consultant will prepare
the final facility Aoalysis Document This document will include the Preliminary
Report with any comments from the City's review.
Deliverables:
· Preliminary facility Analysis Report
· Final Facility Aoalysis Report
Phase III Master Planning
The purpose and objective of the Master Planning Phase will be 10 develop a conceptual layout
of the facility to address the programmatic and facility needs assessment issues developed
during Phase I and Phase 11. The masler planning lask will concentrate on developing
conceptual sile and building plans that address the functional and operational requirements of
the Corporate Yardfacility. The specific work of Phase III is asfollows:
A. On-Site Planning Session
The Master Planning Task will commence with a three day on-site planning session to
be held at the SDG&E facility to define the actual site and building layouts of the
administration, shops, maintenance, warehousing, fuel and wash facilities and
associated site improvements. Throughout the session, the Consultant team, consisting
of the Architect, Structural, Mechanical, Electrical Engineers, and Maintenance Facility
Consultaot, will develop alternative layouts which will then be reviewed with the
Review Committee each day. The alternative master plans will be based upon the
fmdings and recommendations developed during Phase I Program Update and Phase II
Facility Aoalysis.
As the session progresses, alternative functiooal plans of the buildings and site will be
prepared, reviewed, and refmed until a complete consensus has been achieved as to the
project requirements. During the daily reviews, the various opportunities and
constraints of each alternative will be identified and discussed.
The final master plan will be a recommended solution, developed from the previous
alternatives, that has been reviewed and scrutinized by the City Review Committee.
The master plan will likely consist of various phases consisting of improvements to
existing buildings, new construction, and reuse of space in its current condition.
B. Prepare Master Plans
At the completion of the on-site planning session, the Consultant team will prepare
drawings which are intended to graphically depict the master plan for the facility
sbowing the various components of the project. Specific drawings will include:
· Site Master Plan
· Conceptual floor Plans of all Buildings
C. Prepare Implementation and Phasing Plan
The Consultant will develop a prioritized listing of each element of work (new
construction, renovation/remodeling, moves, etc.) encompassed by the master plan. The
phases and sequences of implementation will be developed and shown on plans in order to
clearly communicate the required phasing oftbe master plan.
D. Prepare Master Schedule
The Consultant will prepare master development schedule that identifies the duration and
sequence of events for each element of work.
J;l /,;l.t:J
E. Cost Estimating
The Consultant will prepare a cost estimate of the proposed construction and
improvements required by the master plan. Each phase of the implementation plao will
be estimated for the required construction activities, including demolition, construction,
equipment, site improvements, etc. The estimate will be perfonned on a unit cost basis
for major components of the master plan.
Deliverables:
· Master Plan Drawings
· Implementation and Phasing Plan
· Project Schedule
· Cost Estimate
Phase IV Schematic Design
The purpose oj the Schematic Design Phase will be to prepare schematic drawings oj the agreed
upon Master Plan concept in order to define in more detail the scope oj the required
improvemenJs and modifications
A. Prepare Schematic Design Plans
Based upon the approved Master Plan, the Consultant team, including our civil
engineer, landscape architect, structural engineer, mechanical engineer, electrical
engineer, maintenance equipment consultant, cost estimating consultant, will begin the
Schematic Design drawings which are intended to defme the various compooents of the
project. During this task, the dimensions of the building will fmalized and the building
design will be refmed to include size and type of all openings, materials, type of
structural, HV AC, and electrical systems, etc. Specific drawings will include, but not
be limited to:
· Site Plan
· Utility Plan
· Grading Plan
· Landscape Plan
· Floor Plans
· Building Elevations
· Building Sections
· Structural Framing Plans
· HV AC Plans
· Lighting Plans
· Plumbing Plans
· Equipment Plan and List
B. Prepare Outline Specifications
The design team will prepare outline specifications and will present it to the City fOr
review and approval.
C. Prepare Estimate of Probable Construction Cost
The design team will prepare an estimate of probable construction cost based upon the
Schematic Design drawings and will present it to the City for review and approval.
Deliverables:
· Scbematic Design Drawings
· Estimate of Probable Construction Cost
/2/éÅj
Information Required of the City
· Cootaet names and telephone/fax numbers for all deparnnents/divisions.
, OrgaJlization charts and staff numbers for all deparnnents/divisions.
· Vehicle counts including size, type, fuel, weight and dimensions.
· Drawings of existing buildings and site.
0 Site Survey including topography, boundaries, easements, utilities, streets, buildings and
existing structures.
0 Copy of City standards for office sizes and configurations.
0 Copy of City standards for desigo and construction of public improvements.
· A suitable location !Tom which to conduct the on-site plaIuting sessions.
Other Services that may be Required during the Master Plan and Schematic Design Phases
· Geotechnical Soils Report
· Topographic and Utility Survey
· Legal Description and Boundary Survey
0 Environmental Assessment Services, Testing, etc.
):2~;¿J-
Exhibit B
Hourly Rates
Revised
October 26, 1998
The following hourly rates shall apply for all work related to the Consultant's Scope of
Work and any Additiona] Services which are to be performed on an hourly rate basis.
These rates shall be subject to review annually.
Hourly Rate Schedule
PrincipallProject Director S130
Project Manager S125
Project Planner SI15
Maintenance Facility Planner $95
Project Designer $100
Principal Engineer $100
Project Architect $85
Sr. Technica1/CADD $75
Project Engineers $75
Cost Estimator $80
Maintenance Facility Design Specialist $65
TechnicaVCADD 555
Clerical 545
/;L--- 2)
Exhibit C
Estimated Fees and Expenses
Revised
October 26, 1998
Estimate of Fees
The following estimate of fees for the Master Plan and Schematic Design for the City of Chula
Vista Corporate Yard Facility is based upon the comprehensive Scope of Work outlined in this
submittal. The estimated fees are dependent upon the determination between the City and the
RNL T earn of the Final Scope of Work.
Estimated Fee by Phase
Phase I Program Update S 21.000
Phase II Facility Analysis S 16,000
Phase III Master Plan $ 38,000
Phase N Schematic Design $ 80.000
Subtotal of Fees $155,000
Expenses (Estimated) $ 10.000
Total of Fees $] 65.000
Estimated Labor Hours and Fee by Phase
Phase I PrOgram Update $ 21.000
Principa1/Project Director 24 hrs x $130fhr = 53120.00
Project Planner 40 hrs x $115fhr = $4600.00
Maintenance Facility Planner 42 hrs x $ 95fhr = 53990.00
Maintenance Facility Design Specialist 74 hrs x $ 65fhr = $4810.00
TechnicalfCADD 24 hrs x $ 55fhr= 51320.00
Clerical 8 hrs x $ 45fhr = 5 360.00
Expenses - MDG 52800.00
Phase II Facilitv Analvsis 5 16.000
PrincipalfProject Director 6 hrs x 5130fhr = 5 780.00
Project Manager 16 hrs x $125fhr= 52000.00
Project Architect 50 hrs x 5 &5fhr = $4250.00
Civil Engineer 24 hrs x 5 75fhr = 51800.00
Structural Engineer 20 hrs x 5 75fhr = 51500.00
Electrical Engineer 24 hrs x 5 75fhr = 51800.00
/c2~;¿ i
MechanicaJ Engineer 24 hrs x S 75/hr = S1800.00
Plumbing Engineer 18 hrs x S 75/hr = 51350.00
Clerical 16 hrs x S 45/hr = 5720.00
Phase lIT Master Plan 5 38.000
Principal/Project Director 12 hrs x S130/hr = S1560.00
Project Planner 24 hrs x S115/hr = S2760.00
Project Manager 12 hrs x S125/hr = 51500.00
Project Designer 40 hrs x SI OO/hr = $4000.00
Project Architect 60 hrs x S 85/hr = S5J 00.00
Maintenance Facility Planner 48 hrs x S 95/hr = $4560.00
Maintenance Facility Design Specialist 82 hrs x S 65/hr = 55330.00
TechnicaJfCADD 40 hrs x S 55/hr = S2200.00
Civil Engineer 10 hrs x S 75/hr = S 750.00
Structural Engineer ] 0 hrs x S 75/hr = S 750.00
ElectricaJ Engineer 10 hrs x S 75/hr = S 750.00
Mechanical Engineer ]0 hrs x S 75/hr = S 750.00
Plumbing Engineer 10 hrs x S 75/hr = S 750.00
Cost Estimator 40 hrs x S 80/hr = $3200.00
Clerical 12 hrs x $ 45/hr = 5 540.00
Expenses - MDG 53500.00
Phase IV Schematic Desi"" $ 80.000
Principal/Project Director 24 hrs x S130/hr = S 3120.00
Project Manager 44 hrs x S125/hr = $ 5500.00
Project Designer 60 hrs x $] OO/hr = S 6000.00
Project Architect 200 hrs x S 85/hr = 517000.00
Maintenance Facility Planner 36 hrs x S 95/hr = 5 3420.00
Maintenance Facility Design Specialist 66 hrs x $ 65/hr = S 4290.00
TechoicaVCADD 200 hrs x $ 55/hr = $1] 000.00
Civi] Engineer 80 hrs x S 75/hr = $ 6000.00
Structural Engineer 80 hrs x $ 75/hr = 5 6000.00
Electrical Engineer 60 hrs x S 75/hr = $ 4500.00
Mechanical Engineer 60 hrs x $ 75/hr = $ 4500.00
Plumbing Engineer 20 hrs x $ 75/hr = 5 1500.00
Cost Estimator 40 hrs x S 80/hr = 5 3200.00
Clerical 26 hrs x S 45/hr = S 1170.00
Expenses - MDG 52800.00
Estimated Expenses SIO.OOO
Travel - Mileage (121rips x 300 miles x SO.32ímile) $1152.00
Hotel (32 days x $80/day) $2560.00
Per Diem (32 days x 535/day) $1 ]20.00
PostageÆxpress Carrier S 1080.00
PrintinglReproduction S2600.00
Loog Distance TelepbonefFax 5 500.00
Misc Expenses/Copying $ 988.00
----
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CITY COUNCIL AGENDA STATEMENT
Item ).3
Meeting Date 11/17/98
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain
Delinquent Sewer Service Charges as Liens Upon the Respective Parcels
of Land and Placement of Delinquent Charges on the Next Regular Tax
Bill for Collection
RESOLUTION: I fì;2.? Zessing Delinquent Sewer Service Charges as
Liens Upon the Respective Parcels of Land and Approving Placement of
Delinquent Charges on the Next Regular Tax Bill
SUBMITTED BY: Director of Financeý
REVIEWED BY: Ci<y M-"W~~ (4/Sths Vote: Yes_NolO
In order to adequately protect the City's interest in delinquent sewer service charges and
insure that collection efforts are directed towards the responsible property owner in the event
of a change in ownership, staff is recommending approval for liens against affected properties
as a preliminary action to placing the delinquencies on the property tax rolls if they remain
unpaid.
RECOMMENDATION: That the City Council open the public hearing to consider
assessing delinquent sewer service charges as liens on the affected
properties, consider all testimony, and adopt the resolution
overruling all protests and assessing these charges as liens upon
the respective parcels of land, and placing these charges on the
next regular tax bill.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
)3-/
Item Page 2
Meeting Date 11/17/98
DISCUSSION:
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to
be assessed as liens upon the affected properties and ultimately placed on the property tax bills
for collection. The ordinance states that upon notification of the property owners, a public
hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing
the City Council considers the delinquent accounts together with any objections or protests
by interested parties. At the conclusion of the hearing, the City Council may either approve
the delinquency and amount owed on the accounts as submitted or as modified or corrected
by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as
liens upon the respective parcels of land, and the amounts are charged to the property owners
on the next regular property tax bill.
Because charges can only be submitted for placement on the property tax bills once a year in
August, staff is recommending assessing liens on the affected properties midyear as to better
insure the City's chances for collection. If the City were to address these delinquent charges
only once a year in August, the effectiveness of using the property tax bill as a means of
collection would be significantly reduced as the owners of record in August would not
necessarily be the people responsible for the delinquent charges. In cases where properties are
sold or transferred, assessing liens midyear holds the correct property owners responsible for
the delinquent sewer service charges. In cases where property owners choose to refinance
their mortgages, the midyear liens will insure that the City would receive payment in a more
timely manner as the delinquent sewer service charges would be paid through escrow during
the refinancing process.
In August, 1998, City Council approved 195 delinquent sewer service accounts valued at
$73,014 to be placed on the forthcoming property tax bill. These delinquent amounts were
removed from the City's bimonthly sewer bills once they were transferred to the property tax
bills. Since then staff has identified 174 accounts totaling $22,264 as being over sixty days
delinquent Oisting available at the City Clerk's Office). Many of these property owners are
the same people that were listed in the August public hearing as their accounts continue to go
unpaid. These property owners have been sent numerous past due notices, and two weeks
ago, they were notified of this public hearing and were asked to pay their delinquent sewer
service charges by November 13, 1998 to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list as
payments are received and accounts are cleared. A final list will be submitted to the City
Council for consideration as soon as all payments are recorded.
Staff is recommending that the City Council approve the final listing of delinquent sewer
service accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective parcels of land. If these accounts remain unpaid, staff will return to
City Council prior to August with a recommendation to place the total amount due for
delinquent sewer service charges on the property owners' next regular tax bills for collection.
):J--c2
Item Page 3
Meeting Date 11/17/98
FISCAL IMPACT:
Assessing midyear liens on properties for delinquent sewer service charges has no tangible
fiscal impact on this year's revenues, although the placement of these charges on the next
property tax bill should yield approximately $22,000 in additional sewer fund revenues for FY
99-00. This action also insures a more timely collection of these charges in the event
properties are refinanced, and it holds the correct parties liable for the debt in the event
properties change ownership. In doing so, the efficiency and the integrity of the billing and
collection process for delinquent accounts is maintained, and uncollectible losses are reduced
thereby maximizing revenues and minimizing costs to the Sewer Fund.
/3-;1
~...._.~.-_.-
RESOLUTION NO. ) 9'<4-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE
CHARGES AS LIENS UPON THE RESPECTIVE PARCELS
OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, on June 23, 1998, the city Council approved
Ordinance No. 2736 amending Section 13.14.150 of the Chula vista
Municipal Code to allow delinquent sewer service charges to be
placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for sewer service accounts
which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to consider
the delinquent accounts together with any objections or protests by
interested parties; and
WHEREAS, at the conclusion of the hearing, the City
Council may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City
Council; and
WHEREAS, a public hearing on delinquent assessments was
properly noticed for November 17, 1998 at which all protests or
objections presented were considered by the City council; and
WHEREAS, staff is recommending that the City Council
approve the final listing of delinquent sewer service accounts as
submitted and that these charges be forwarded to the County for
placement on the next regular tax bill for collection; and
WHEREAS, any delinquent accounts that are cleared by
November 13, 1998 as a result of the public hearing set for
November 17, 1998 will be removed from the list prior to the
submittal of these charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby (1) overrule any and all protests
or objections presented at the public hearing and (2) approve, with
respect to the delinquent account list presented by staff and on
file in the office of the City Clerk, assessing delinquent sewer
service charges as liens upon the respective parcels of land and
the placement of such delinquent charges on the next corresponding
regular tax bill unless cleared by November 13, 1998.
Presented by Approved as to form by
Robert Powell, Director of #:sd¿d/'1tr~!Iue¿ þ ~k h-J
Finance /.3 ....In M. Kah ,city Att6'rney "-' c
H:\home\lorraine\rs\sewer.del
-.-.....---
ITEM NUMBER: ILl-
RESOLUTION NUMBER:
ORDINANCE NUMBER:
OTHER: fYOkB¿/(! II£Ii/2,/Ñ (;:.
CONTRACT:
CONTRACT/RESOLUTION DATE:
ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM
(DATE):
AGENDA PACKET WAS SCANNED ON (DATE):
THIS ITEM HAS BEEN CONTINUED TO (DATE): /V ð V C:<~ /99t
MISCELLANEOUS INFORMATION (TITLE OF CONTRACT, ORDINANCE, RESOLUTION, ETC):
¿) 1" ¡::i '/ ¡/F7¿Ley ¡(J¿)/7 ð dAHE (!II/f/V 6=6=
~
NOV-16-98 MON 1~:42 DAVIES ENTERPRISES 421 ='1:32 P.02
. DAVIES ENTERPRISES #/1/
4601 Otay V"lIty Rood. Chulo Vista. CA 91911 . (e19) 421-4501 . Fex (619) 421·5132
11-16-98 I!~ Πit ~ ~ w --
':'/ [,
., , \',1 P
, J..:/ -----
City Council Members ,
[ 1 ¡
City of Chula Vista !I NOV I 6 1998
._u:
218 j'ourth Ava. i --
Chula VÜ¡tll. Ca. I I :
COU"'Cll'fICf~ .
rµ· . -œJ
Re; Case #PCM-99-0? proposal to rename Otay Valley R~ad ~ -
1-805.
Dear Members of the City Council;
I have oxpz'o5sod my views on this subject at meetings in t.hf'
past.. . most recently to the Planning Commission. Please allow me
to oxpress my thoughts once more for the reoord.
The street name of Otay Valley Róad and Main Street has been
broken for 8.5 10n8 as I can remember. It has been confusing to
people anù should be correctcd. This is your chance to fix it!
Tho Ci ty Staff proposal boins cOl'lI3idored hore does not. fix t.he
problem, it exacerbates it. 'l'he community has suffered wit.h t.his
"split road twmo" for years. nnd the ~t~ff rocommendation 500ms
to he t.o add Blora to the already cumbersome streot. name.
While r may like tho Otay Valley Road name, the sensible solution
is to do away with Otay Valley Road as a name (except w},crc it
loops south of Main street West of 1-806), and replace it with
Main Street. While Main Street may not have the glamoul' of Ocay
Valley Rd. or River Parkway etc.. Main Street won't get confused
yith any other streets in Chula Vista. Main Streßt it< (nnd we
all hope will continue to be). one of Chula Vista's more viable
commercial area:>. .., the nnme "Main Street" suits it.
Don't. confusc newcomers to Chula Vista with a different street
name for the same street at every freeway exit.! Fix it!
Don't wait until more new busincfises on Otay Vallo}' Rd. are facM
with a naroe ohange at a later Jato.... right now very few busj-
nesses are affected! Fix it!
Don't, DUlko I!. "temporary" name chnnge only to have hUl;loosao,;
chang.,¡ streot nllJl105 tIgl1in latex I Fix it.!
/4, () 7
If th~ 5(>le lr,t.;,nt of thir. chans;e if: to provid~ th~ tmt." defilel'5
wit.h freeway recognition.... may I suggost that the addition of
"/Auto Parkway" to Main Street. will certainly bo more accolldJlodat-
ins to the freeway si.gnage than that of "Main Street/otay Valley
Rd./Auto Pal'Àifay" .
J strongly urge you to correctly rename Main Streetl Ocay Valley
Rd, to Main Street from the bay on tbe Western end. t.o its East-
ern most ~erm1nus The addition of "/Auto Parkway" to accom-
modate the auto dealers between 1-605 and IJrandywino should
cortainly be included.
Enough time has been 8I~nt on this..., it's he en broken long
enoullh.. .. FIX IT!
~erClY;
~R.~es
Property Manager
/ <-( . ;;2. r
COUNCIL AGENDA STATEMENT
Item: /5
Meeting Date: 11/17/98
ITEM TITLE: Resolution J 1:2..1, '1 Approving the fourth amendment to the agreement
between the City of Chula Vista and Rick Engineering Company for
preliminary engineering design services for three interchanges with
Interstate 805 at Telegraph Canyon Road, Olympic Parkway and Palomar
Street; waiving the selection process and authorizing the Mayor to execute
said amendment on behalf of the City; and appropriating $355,050 in
Transportation Development Impact Fees (Fund 621-6210) to Project
STM327
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage~ ÞcJ (4/5ths Vote: YesX-No-.J
On January 23, 1996, Council by Resolution No. 18193 approved a contract with Rick
Engineering for preliminary engineering design services for three interchanges on Interstate 805
at Telegraph Canyon Road, Olympic Parkway, and Palomar Street (copy attached). Since then,
due to additional work requirements by Caltrans, three amendments to this contract have been
made. These amendments were approved by Council on January 21, 1997 (Resolution 18555) and
May 20, 1997 (Resolution No. 18670) and August 5, 1997 (Resolution 18749).
This fourth amendment to the contract will provide for construction services (surveying and
construction support) for the Telegraph Canyon Road/I-805 Interchange expected to be under
construction in early 1999; modification of the existing Project Study report (PSR), Project Report
(PR) and environmental documents for Olympic Parkway/I-805; adding 12 monthly coordination
meetings deemed necessary to coordinate the Palomar/I-805 interchange project with FHW A and
CaITrans on a separate track from the other interchange projects; and allow for reimbursable
expenses incurred in the completion of this work.
RECOMMENDATION: That Council approve a resolution approving the fourth amendment to
the agreement between the City of Chula Vista and Rick Engineering Company for preliminary
engineering design services for three interchanges with Interstate 805 at Telegraph Canyon Road,
Olympic Parkway and Palomar Street; waiving the selection process and authorizing the Mayor
to execute said amendment on behalf of the City; and appropriating $355,050 in Transportation
Development Impact Fees (Fund 621-6210) to Project STM327
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In late 1995, after a thorough and difficult selection process, staff recommended that Rick
Engineering Company be awarded a contract for engineering services for three interchanges with
/5-/
Page 2, Item:
Meeting Date: 11/17/98
Interstate 805 at Telegraph Canyon Road, Olympic Parkway and Palomar Street. The agreement
with Rick Engineering was approved on January 23, 1996, by Council Resolution No. 18193.
Since then, Rick Engineering has worked diligently to design and process the project with all the
agencies involved (local, State, and Federal). During this period, two amendments to the contract
have been made due to modifications, delays and changes by Caltrans encountered throughout the
planning and design phases of the three interchanges. Both amendments were approved by
Council (Resolution Nos. 18555 and 18670) increasing the original contact cost of $502,070 to
$648,390 (see attachments B, C, and E).
The third amendment to the contract was necessary to have Rick Engineering prepare a Noise
Barrier Scope Summary Report in connection with an opportunity to obtain State funding from
their retrofit soundwall program along freeways. Such funding would assist the City in paying
for the construction of the Orange A venue Interchange project because the project requires
construction of those same soundwalls. The third amendment authorized $6,000 for preparation
of the Noise barrier report. The City's application for State Soundwall Retrofit funding was
successful in the amount of $1.14 million. These funds will be used to offset part of the
construction cost of the Orange A venue Interchange.
Because additional work beyond the original scope of services as discussed below is again being
required, staff reviewed the previous contracts and amendments, along with the overview of each
of the projects to make sure that we are progressing in an orderly, cost effective manner and
according to a master plan.
The proposed fourth amendment to the contract covers additional follow-up work affecting all
three interchanges. The history of the first two amendments relating to the individual projects will
be discussed below:
Telee:raDh Canvon Road
The original contract required Rick Engineering to do preliminary geometrics, and assess the
need, for a combined Caltrans Project Study Report/Project Report (PSR/PR); do the base
mapping; review the possibility that the project could be constructed by the City under Caltrans'
permit procedures; and begin preparation of the plans, specifications and estimates (PS&E) for
the Telegraph Canyon Road interchange. As originally envisioned, and reviewed with Caltrans
personnel (without commitments on their part), the project would include widening eastbound
Telegraph Canyon Road through the interchange to eliminate the trap lane and provide an
additional through lane with the realignment of the southbound loop off-ramp to the new
eastbound lane. The work included median work and a signal at the shopping center entrance and
the potential for closing the intersection with Halecrest.
After initiating work on the project, Caltrans committed that they would allow the City to do the
work under a permit which eliminated the need to go through the PSR/PR phase. However, at
the same time, Caltrans required the City to do work beyond that initially anticipated and included
/5/d-
Page 3, Item:
Meeting Date: 11/17/98
in the scope of Rick Engineering's contract. This work included additional lane widening under
the overpass and northbound off-ramp widening. The first amendment, which was a no net cost
increase amendment, transferred funds that were included in the contract for the PSR/PR phase
to the PS&E phase for the additional design work. This additional work included related
geotechnical and environmental studies as well as actual design work.
Continuing with the design work and Caltrans' review, additional work elements were identified
by Caltrans' staff that would be needed. These additional items, which increased the project
estimate by approximately $0.6 million to a new total of $1.8 million, included the following:
1. Realignment of the southbound loop off-ramp at its beginning at the freeway to add
a number 4 mainline off-ramp option, as well as the secondary southbound off-
ramp to westbound Telegraph Canyon Road.
2. Widen the existing loop off-ramp to two lanes and realign the loop ramp to square
it up (make it perpendicular) to Telegraph Canyon Road.
3. Widen the northbound off-ramp to three lanes.
4. Conduct noise studies for the southbound off-ramp realignments.
The second amendment to Rick Engineering's contract to accomplish the above work resulted in
an increase of $145,270, bringing the new contract total to $648,390. All of the additional work
was as a result of the above additional requirements by Caltrans.
The plans, specifications and estimates (PS&E) for this interchange are 90% completed. Final
comments/revisions will be accomplished by December 1998 and we expect to bid the contract
in early 1999.
The proposed amendment to the contract (fourth amendment) is to permit this project to proceed
smoothly into the construction phase. While the contract with Rick Engineering did not
specifically state that they may be eligible for future work phases as an extension to the contract,
the original RFP contained such language and contemplated this possibility. The RFP indicated
that "the City reserves the right to retain the services of the selected consultant for subsequent
project design activities."
The changes in this Fourth Amendment to the contract will allow Rick Engineering to perform
office calculations, field staking, assist staff in the bidding and inspection processes. This work
includes obtaining the services of McDaniel Engineering for inspection of the tieback retaining
walls. McDaniel is Rick's subconsultant for structures who did the structural design work for the
tieback retaining walls. McDaniel's structural engineering expertise is necessary during the
inspection phase because the City does not have staff expertise in this highly specialized field of
structures and typically contracts for these services when the occasional need arises. In addition,
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Meeting Date: 11/17/98
it would enable Rick Engineering to have the design of overhead signs now being required by
Caltrans done by Urban Systems, another subconsultant member of Rick's design team. Rick
Engineering proposes to accomplish this additional work at what we believe is a reasonable price
because they have done the survey work needed for the design of the project, and possess the
necessary equipment to do the construction surveying. Rick Engineering's cumulative knowledge
of the project planning, design and construction specifications is essential for the successful
construction of this interchange. Due to their knowledge and experience, it is appropriate to add
this new phase of the work to Rick Engineering's contract. The total cost of the Telegraph
Canyon Road additional services is $129,500.
Olvmpic Parkwav
The original contract required Rick Engineering to prepare a combined PSR/PR for the Orange
Avenue (Olympic Parkway)/I-805 Interchange. The project included bridge widening or
installation of a new parallel structure, ramp widening, intersection widening, and the installation
of traffic signals. The PSR/PR document was also to address the potential for implementing a
phased project which would involve the installation of traffic signals and minor widening of the
off-ramps prior to widening of the overpass. The scope of work included the necessary
environmental work for the proposed project. As in the case of Telegraph Canyon Road,
Caltrans' staff was consulted regarding the scope of work, but without the detailed PSR, they
could not offer comments to further define the proposed scope.
Due to Caltrans' inability to provide the necessary staffing level to work on all three projects at
the same time, their staff focused on Telegraph Canyon Road since that was the highest priority.
Therefore, the first amendment to Rick's contract only extended the completion date for the work
related to this particular project. Neither the first nor second amendments made any other changes
to the scope of work for the Orange A venue (Olympic Parkway) interchange.
Subsequent to the second amendment, Caltrans' staff began focusing on review of the geometrics
for the Orange Avenue interchange. Based on this review Caltrans required the following:
I. Realignment of the off-ramps to a more nearly perpendicular configuration with
Orange A venue. Their current requirements do not permit off-ramps to intersect
streets at as great an angle as exists and any work on the interchange would have
to bring them into compliance with their current standards.
2. Additional widening to increase vehicle storage and a Highway Patrol stopping
area on the off-ramps. This caused impacts to the ramps intersection with the
freeway which required additional work at the freeway.
3. Added additional auxiliary lanes on the freeway which extended for nearly one
mile in each direction to provide weaving capacity (efficient merging on and off
the freeway).
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Meeting Date: 11/17/98
Caltrans' staff did not advise continuing with a combined PSR/PR for a project that could not
clearly obtain a categorical exemption under CEQA procedures. With all of the additional work
which created significant noise and environmental issues, they indicated that they believed that
the project could no longer qualify for a categorical exemption and, therefore, a combined
PSR/PR could not be supported. In order to continue, it would be necessary to separate the two
documents under Caltrans' normal procedures.
Therefore, knowing that an amendment would be required in the near future to add construction
assistance for the Telegraph Canyon Road project and in order to minimize change orders and not
delay work on the Orange Avenue (Olympic Parkway) project, staff negotiated with Rick
Engineering to complete the Project Study Report (PSR) with all of the additional work required
by Caltrans at no cost beyond that included in the original contract for the combined PSR/PR.
Further, until Caltrans completed their review and staff and the consultant had some comfort level
for the work to be involved, it was not possible for Rick Engineering and City staff to put together
a cost estimate to do the Project Report (PR).
Even more recently City staff has been able to obtain approximately $11.14 million in state and
federal funding for this project. First, as indicated above, the City has received $1.14 million in
State Soundwall Retrofit funding. Second, Congressman Bob Filner was instrumental in assisting
the City to obtain $5.0 million in Federal Demonstration Project funding under the new Federal
"Transportation Equity Act for the 21st Century" (TEA-21) program for an access road to the
Olympic Training Center (OTe). Olympic Parkway from 1-805 to the OTC was identified as the
project. Due to the need to get the first phase from Hunte Parkway to the OTC completed as soon
as possible and the delay which would be created by the need to follow Federal procedures,
Congressman Filner authorized the City to use this funding for the Olympic Parkway (Orange
A venue) 1-805 interchange project.
The third outside funding source is also under the TEA-21 law. Another category under TEA-2l
is the Surface Transportation Program (STP) which provides additional resources for agencies to
solve transportation problems in the local area. City staff made application to SANDAG, which
is the body that apportions STP funds in this local area, and was successful in obtaining $5.0
million in STP funding for Orange Avenue-Olympic Parkway interchange with 1-805.
As indicated, the total of all of the funding is $11.14 million. However, each of the outside
funding sources requires a local agency match which varies around 15% to 20%. Even though
the project scope and cost had increased significantly since the project started, the project was still
not big enough to take full advantage of the outside funding sources. Staff looked at combining
the interchange project with the next easterly phase of the project between Oleander A venue and
Brandywine Avenue. That project, which is a TransDIF project, was to be constructed by the
TransDif Program. Since a developer would receive TransDIF credit, and the federal
demonstration project funding was intended to supplement the TransDIF, it made sense to staff
to move the responsibility to build it by the TransDif program to the City in order to take
advantage of the funding opportunity. Therefore, staff proposed moving the construction of the
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Meeting Date: 11/17/98
portion of Olympic Parkway between Oleander Avenue and Brandywine Avenue from the
responsibility of the TransDif Program and combine it with the interchange project. In addition
to permitting the City to take full advantage of the outside funding, there are design and
construction issues related to the intersection of Oleander A venue that a combined project will
relieve. The outside funds will allow us to release DIP funds for the other portions of Olympic
Parkway, east of Brandywine A venue. The total cost of the new combined project is estimated
at $13.0 million, including engineering, environmental, right-of-way acquisition, and construction.
While Caltrans was nearly ready to approve the PSR for the Interchange, in September after they
learned we intended to add the next segment to the overall interchange construction project, they
required the PSR to be revised to include that proposed work.
This fourth amendment will accomplish the following items:
1. Approve the separation of the original PSR/PR into two phases for a separate PSR
and PRo The completion of the PSR (for only the original interchange work as
modified by Caltrans) was completed at no additional cost over the originally
proposed combined document for a far smaller, less environmentally significant
project.
2. Add Olympic Parkway between Oleander and Brandywine to the PSR in order to
complete this phase of the project. The additional cost is $24,000.
3. Complete the Project Report according to Caltrans' requirements. This includes
converting the existing topographic mapping to metric units ($22,400); completing
the environmental document including all noise, biological, traffic, geotechnical,
hazardous waste, lead testing, air quality and visual quality/landform elements
($98,700); and completing the actual PR itself ($63,100). The additional cost for
these elements is $184,200.
As in the case of Telegraph Canyon Road, Rick Engineering proposes to accomplish this
additional work at what we believe is a reasonable price because they possess extensive cumulative
knowledge of the project planning and design essential for the successful completion of this
project. Due to their knowledge and experience, it is appropriate to add this new work to Rick
Engineering's contract. The total cost for all work under the fourth amendment related to
Olympic Parkway is $208,200.
Once the work proposed under this amendment is completed, the preparation of the PS&E would
begin. As indicated in the original RFP, assuming Rick Engineering continues to provide the
quality, cost effective work that has marked their performance to date, staff anticipates negotiating
a further amendment or separate contract to prepare the PS&E. Rick's performance and extensive
cumulative knowledge of the project will be valuable in quickly completing this critical element
J ~--- ¡"
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Page 7, Item:
Meeting Date: 11/17/98
of our transportation system. Further construction assistance will probably also be needed when
this project moves into the construction phase.
Palomar Street
This project involves the provision of a new access to 1-805 by widening the existing East Palomar
Street overpass and providing a partial interchange with ramp connections to and from the north.
As originally envisioned, this project includes a minor bridge widening, installation of new ramps,
intersection widening and the installation of traffic signals.
The work under Rick Engineering's contract involves the preparation of and Access Approval
Request (AAR) document addressing interchange spacing for submittal to Caltrans and the Federal
Highway Administration (FHW A). The purpose of the AAR is to provide an initial screening of
new interchange projects, allowing for FHW A to provide conceptual approval prior to the
approval of a PSR by Caltrans. The specific work tasks included addressing the implications of
up to four alternatives including: no-build, the preferred half diamond, and a full diamond
interchange. The fourth, unknown, possible alternative was listed as a work element in trying to
anticipate additional Caltrans requirements. Rick's contract also provided for preparation of a
PSR upon completion of the AAR, with much of the information in the AAR being directly
incorporated into the PSR. The contract further provided for preparation of a Preliminary
Environmental Analysis Report (PEAR) that documents a preliminary environmental screening
of potential issues. The PEAR will provide a recommendation on the type of environmental
clearance required by the project and the scope of additional studies that will be required at
subsequent stages (PR and Environmental Documentation).
As indicated above, due to Caltrans' inability to provide the necessary staffing level to work on
all three projects at the same time, their staff focused first on Telegraph Canyon Road and then
on Orange A venue since those were the highest priority. Very little work took place on this
project until recently. Therefore, neither the first nor second amendments made any changes to
the scope of work for Palomar Street. However, the original contract provided for Rick
Engineering to attend monthly scheduled Project Development Team (PDT) meetings with City
staff and Caltrans to attempt to keep the work moving. The contract schedule anticipated more
simultaneous work on each of the projects by Caltrans and, thus somewhat fewer meetings than
has already taken place. Since Caltrans is only now beginning to take an in-depth look at
Palomar, very little work has been accomplished on Palomar at these PDT meetings. The
proposed amendment will provide for additional PDT meetings and coordination necessary in
processing the various documents for this interchange project with FHW A and Caltrans on a
separate track from the other two interchange projects. Rick Engineering estimates that 12 such
additional meetings will be required to coordinate and process this project at an additional cost
of $7,350.
Additional work on Palomar Street beyond the scope of this contract will be needed in the future
once Caltrans' and FHW A's requirements are known and the PSR is complete. The next steps,
which are not currently a part of this contract, are completion of the PR and Environmental
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Page 8, Item:
Meeting Date: 11/17/98
Document, then the PS&E and Right-of-way acquisition documents. Once in construction,
additional work of the nature being requested by the current Telegraph Canyon Road project
amendment will also be needed. The cost of that work is unknown at this time. Staff will
evaluate in the future whether or not to recommend further amending the contract or start with
a new RFP for any particular phase.
The proposed amendment also provides for the reimbursement of up to $10,000 in expenses
incurred by Rick Engineering in the performance of the additional work. These expenses include
the cost of making blueprints and copies of various reports, which, due to Caltrans' review has
been much more voluminous than originally anticipated. The reimbursable expenses are a budget
item for all three phases (projects) included in the contract.
As indicated above, some of the work included in the fourth amendment is new work beyond the
scope of the original contract. In addition to Rick Engineering's extensive cumulative knowledge
of the projects, it would be impractical to obtain new proposals for the work because of the close
ties to the existing work and the difficulties in introducing a new firm to Caltrans for parts, but
not all, of the project.
As shown in attachment E, the total cost of the proposed scope of work is estimated to be
$355,050. Funds are available in the City's TransDIF Fund Account to cover this TransDIF
eligible expense.
FISCAL IMPACT: The proposed fourth amendment will increase the contract with Rick
Engineering, as amended, by $355,050 to a total of $1,009,440. All of the costs associated with
this amendment, as well as the amended contract, will be funded from TransDIF fees. There are
sufficient funds in the TransDIF fund to cover the proposed increase. City staff will be involved
in oversight, coordination and direction. Staff costs will also be paid by the TransDIF. The
estimated cost of construction of each of these projects is: Telegraph Canyon Road - $1.8 million;
Orange Ave/Olympic Parkway - $13.0 million; and Palomar Street - 3.0 million. Approximately
$11.14 in state and federal funds is available for the Orange Avenue/Olympic Parkway project.
The remaining funds for construction will come from the TransDIF.
~
ATTACHMENTS: A.,""~d~ ~ "
B. Resolution 18555 ~~
C. Resolution 18670 ~ .
D. Resolution 18749
E. Table of Contract fees for each amendment
H,IHOMEIENGINEERIAGENDA 14R1CK, CLS
File No. 0735-IO-STM327
JS---ry
ATTACHMENT E
First Second Third Fourth
Origina] Amendmen Amendment Amendment Amendment
Phase General Description of Work for Contract t Revised Revised Revised Revised
No. Each Phase Amounts Amounts Amounts Amounts Amounts
Geometrics and Cost Estimate for
I Telegraph únyon Road $20,150 520,150 520,150 520,150 520,150
Project Study Report/Project
Report (pSRlPR) for Telegraph
2 Canyon Road (Original Contract) $92,960 574,080 580,853 $80,853 $80,853
Encroachmem Pennit for
Telegraph Canyon Road (First
Amendment)
Plans Specifications and Estimates
3 (P5&E) for Telegraph Canyon $138,750 5157,630 $291,127 $291,127 $291,127
Road
4 Access Approval Report (AAR) $50,400 550,400 550,400 550,400 $50,400
for East Palomar
5 Project 5tudy Report (PSR) for 578.960 $78,960 578,960 $78,960 $86,310
East Palomar Street
Project Study Report/Project
6 Report (pSRlPR) for Olympic $104,720 5104,720 5104,720 $104,720 $191,820
Parkway
7 Expenses 517.180 517,180 $22,180 $22,180 $32.180
8 Submittal of request for soundwall 0 0 0 $6,000 --
program funàíng
9 Construction staking, suppon and
inspection and overhead sign 0 0 0 0 $129,500
design for Telegraph Canyon
Road
10 Environmental Document and
Metric Topograplllc Mapping for 0 0 0 0 $121,100
Olympic Parkway
T oral Cost $503,120 5503.120 5648.390 $654,390 $1,009.440
H:\HOME\ENGINEER\ADVPLAN\RICK.TBL
/6- Y a....
-..- ._,..__~.__ _____u..~....._ d'_
RESOLUTION NO. / 9;¿ t f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FOURTH AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND RICK ENGINEERING COMPANY FOR PRELIMINARY
ENGINEERING DESIGN SERVICES FOR THREE
INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH
CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR
STREET, WAIVING THE SELECTION PROCESS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY AND
APPROPRIATING $355,050 IN TRANSPORTATION
DEVELOPMENT IMPACT FEES (FUND 621- 6210) TO
PROJECT STM-327
WHEREAS, on January 23, 1996, Council by Resolution No.
18193 approved an agreement with Rick Engineering to prepare
Preliminary Studies for interchanges at I-80S and Telegraph Canyon
Road, Olympic Parkway and Palomar Street because such studies are
required by Caltrans prior to construction of major projects within
Caltrans Right of Way; and
WHEREAS, since then, three amendments to this contract
were approved by Council on January 21, 1977 (Resolution No.
18555), on May 20, 1997 (Resolution No. 18670) and on August 5,
1997 (Resolution No. 18749); and
WHEREAS, the Fourth Amendment will provide for
construction services (surveying and construction support) for the
Telegraph Canyon Road/I-80S Interchange expected to be under
construction in early 1999; modification of the existing Project
Study report, Project Report and environmental documents for
Olympic Parkway/I-80S; adding 12 monthly coordination meetings
deemed necessary to coordinate the Palomar/I-80S interchange
project with FHWA and CalTrans on a separate track from the other
interchange projects; and allow for reimburseable expenses incurred
in the completion of this work; and
WHEREAS, the original Request for Proposals to which Rick
Engineering responded specifically reserved the right to the City
to retain the selected consultant for subsequent project design
activities; and
WHEREAS, Rick Engineering has the cumulative knowledge of
the proj ect which will aid in successful construction of the
interchanges based on the firm's proj ect planning, design and
construction specifications.
1
/5' --1
FOURTH AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY
FOR PRELIMINARY ENGINEERING DESIGN, ENVIRONMENTAL
AND CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES
FOR THREE INTERCHANGES WITH I-80S AT
TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET
THIS FOURTH AMENDMENT TO THE AGREEMENT FOR PRELIMINARY
DESIGN, ENVIRONMENTAL AND CONSTRUCTION INSPECTION/ADMINISTRATION
SERVICES APPROVED BY RESOLUTION is entered into as of November 17,1998,
by and between the City of Chula Vista (CITY) a municipal chartered corporation of the State of
California, and Rick Engineering Company (CONSULTANT), whose place of business and
telephone numbers are set forth on Exhibit A, Paragraph 6.
RECITALS:
WHEREAS, the City of Chula Vista has approved an Agreement with Rick Engineering
Company dated January 23, 1996 and approved by Resolution 18193 (Agreement); and
WHEREAS, the City of Chula Vista has approved three amendments to said Agreement
dated January 21, 1997, May 20,1997; and August 5,1997; and
WHEREAS, said Agreement requires the CONSULT ANT to complete the work under the
contract by January 23, 1997; and
WHEREAS, CONSULTANT is required to do additional work not anticipated in the
original Agreement and amendments thereto; and
WHEREAS, CITY requires the completion of the contract in order to complete needed
improvements to the interchanges at Telegraph Canyon Road, Olympic Parkway and Palomar
Street to provide necessary infrastructures to meet future threshold standards; and
WHEREAS, both CITY and CONSULTANT desire to further amend the Agreement
approved by Resolution 18193 to revise the scope of work to include additional items required by
CalTrans.
WHEREAS, City Staff cannot perform the work outlined above due to lack of available
staff time and/or lack of expertise to efficiently deal with the State and Federal requirements and
processes.
NOW, THEREFORE, Exhibit A of the Agreement is hereby amended to read as follows:
A. Amend 8A, by expanding the Detailed Scope of Work as set forth in the original
Agreement and amendments thereto, as follows:
-1- /"5--'/ /
Additional Scope of Work
1. Te1egraph Canyon/I-80S Interchange
A. Construction Staking
1. Office
2. Field
B. Bid Phase
C. Construction Support
D. Construction Inspection (McDaniel Engineering)
E. Overhead Sign Design (Urban Systems)
II. Olympic Parkway/I-80S Interchange
A. Project Study Report (PSR)
B. Metric Topographic Mapping
1. Interchange
2. Olympic Parkway
C. Project Report (PR)
D. Environmental Document (ED)
III. Palomar/I-80S Interchange
A. Meetings and Coordination
IV. Reimbursable Expenses
I. Telegraph Canyon Road/I-80S Interchange
A. Construction Staking
1. Office Field Calculations
-2- 10-/2-
Provide slope stake lists, traverses (walls, curbs, storm drains), and coordinate
geometry for staking. This data will be prepared to CalTrans, District 11
standards and in conformance with CalTrans Surveys Manual. Data will be
provided to the field surveyors, the City, CalTrans resident engineer, and the
construction contractor.
2. Field Staking
Provide three man survey crew to provide construction staking to CalTrans
standards. One set of survey stakes shall be set for the following items of work
as depicted on the Telegraph Canyon Road at 1-805 construction documents:
a. Saw cut and K-rail
b. Grade Stakes
c. Curbs and Dikes
d. Drainage Pipe
e. Drainage Structures
f. Retaining Wall
g. Sign Structures and Guard Rail
B. Bid Phase
Bidding procedures will be the responsibility of the City of Chula Vista. While the
project is being advertised for bids, all questions concerning the intent shall be referred
to City for resolution. In the event that any items requiring interpretation in the
drawings or specifications are discovered during the bidding period, said items shall be
analyzed by the Consultant for decision by City as to the proper procedure required.
Corrective action taken will either be in the form of an addendum prepared by the
Consultant and issued by the City, or by a covering change order a fier the award of the
construction contract.
C. Construction Support
Consultant shall attend the pre-construction starting meeting with the successful
construction contractor ifrequested by the City.
Consultant shall review all submittals and shop drawings submitted by the construction
contractor relative to Consultants work for this contract. Consultant shall complete shop
-3- )5'/3
plan reviews within two weeks of receipt. Contract Change Order Reviews shall be
completed within two working days of receipt.
Consultant shall be available to make visits to job site for on-site review of construction
as requested by City to resolve discrepancies in the contract documents. Consultant
shall bring to the attention of City's Project Manager any noncompliance with the plans
and specifications in the work by City's construction contractor which Consultant may
observe. Consultant shall have no authority to issue instruction on beh alf of City, or to
deputize another to do so. All agreements shall be between City and its construction
contractor. These provisions shall not be construed as making Consultant responsible
for failure of City's construction contractor to carry out the work in accordance with the
contract documents nor the construction means or methods or techniques, sequences,
procedures, or safety programs in connection with the work.
Drawings and change orders required due to actions of the City, which are beyond the
scope of Consultant's responsibilities, shall be considered extra services. In the event
such work is required, the performance and compensation of such work shall be agreed
upon by the City and Consultant prior to performance of the work.
D. Construction Inspection (McDaniel Engineering)
The Consultant shall provide a part time Structure Construction Engineer/Inspector as
needed for the construction of the Telegraph Canyon Road tieback retaining wall. The
Structure Construction Engineer/Inspector shall monitor the operations of the contractor
and subcontractor for compliance with contract documents and document the field
construction operations. The scope of such services shall include:
\. Monitoring of Construction Operations for Contract Compliance
a. Tieback wall excavations.
b. Tieback placement and stressing.
c. Reinforcing steel placement.
d. Application of concrete.
e. Form alignment and grading.
f. Cable railing installation.
g. Concrete finishing.
h. Completion of punch list
2. Contract Administration
a. Prepare field inspection diaries covering structure construction operations.
b. Document all telephone and verbal communications.
-4- /~~/(
3. General
The Structure Construction Engineer/Inspector shall be present at the project site
on a part-time basis to provide a satisfactory level of monitoring the work. The
Structure Construction Engineer/Inspector and/or his representative shall be
present continuously during the following operations:
a. Tieback construction and stressing operations.
b. All concrete and concrete placement operations.
c. Deck grinding operations.
E. Overhead Sign Design (Urban Systems)
Pursuant to CalTrans request, Consultant will prepare additional overhead sign
plans beyond that originally anticipated by the City and Consultant. These signs
include two new locations along the southbound off-ramp and one new location
along the northbound off-ramp (sign bridge).
II. Olympic Parkway/I-80S Interchange
A. Project Study Report (PSR)
Modify the existing PSR document to incorporate inclusion of Olympic Parkway east
to Brandywine into the interchange project. Specifically, this scope includes the
following:
1. Modify limits of existing draft PSR utilizing geometrics developed by Sunbow, and
approved by the City.
2. Segregate cost estimates in CalTrans format for work proposed separating noise
walls, city street, and interchange construction items.
3. Segregate out and prepare separate right-of-way data sheet for noise walls and city
street.
4. Update text to new limits and expand explanation of funding and local versus
state/federal shares.
5. Attend up to four monthly PDT meetings as necessary to coordinate processing.
6. Respond to two CalTrans reviews of updated PSR document leading to signatures
and approval of a final document.
7. Prepare a Hazardous Waste Initial Site Assessment (ISA) for the segment of
Olympic Parkway from Oleander to Brandywine. This will supplement the
existing ISA done for the interchange.
-5- ~/5
B. Metric Topographic Mapping
1. Interçhange
Convert existing English topography to Metric units for use in the PR and future
use for PS&E.
2. Olympic Parkway
Fly and compile Metric topographic mapping for use in electronic fonnat covering
Olympic Parkway from Oleander to Brandywine.
C. Project Report (PR)
The modified Project Study Report (PSR) and its limits will be the basis for the
preparation of the PRo Although the existing PSR was prepared in dual units, the PR
will be prepared in Metric units.
1. This scope assumes we will take advantage of the following completed items:
a. The geometric alternatives of the interchange will be as defmed in the PSR.
b. The approved Traffic Operations/Impact Report is complete.
C. The Orange Avenue Bridge Advanced Planning Studies as presented in the
PSR will only require minor revisions and coordination for inclusion into
the PRo
d. The Hazardous Waste ISA prepared for the PSR are still valid.
e. No design exceptions will be required for this project, as we have agreed
with CaITrans in processing the PSR.
2. The scope of work for the Consultant is as follows:
The consultant shall prepare an Administrative Draft PR for submittal to the City
for review. After receipt of comments, a Draft PR shall be prepared for review
by CalTrans and FHWA. Consultant shall prepare a Final PR, incorporating all
comments received on the Draft PR. Consultant shall provide 15 bound copies and
an unbound reproducible of each of the reports.
a. Prepare and process a PR (Metric) with CalTrans. This will entail utilizing
relevant information from the PSR, writing the report and updating cost
estimates, modifying exhibits and cross sections to Metric units and
coordination with subconsultants. The PR will be outlined as follows:
-6- /5/Þ
1. Introduction
2. Recommendation
3. Background
4. Need and Purpose
A. Problem, Deficiencies, Justification
B. Regional and System Planning
C. Traffic
5. Alternatives
A. Viable Alternative (consistent with project history)
B. Rejected Alternatives
6. Considerations Requiring Discussion
A. Hazardous Waste (use PSR ISA)
B. Value Analysis (N/A, formal VA Study will not be done)
C. Resource Conservation
D. Right-of-way Issues (include segregated right-of-way data
sheets for interchange, noise walls, and city street)
E. Environmental Issues
F. Air Quality Conformity
G. Title VI Considerations
7. Other Considerations as Appropriate
A. Public Hearing Process
B. Route Matters
C. Permits
D. Cooperative Agreements
-7- /5~)7
E. Other Agreements
F. Involvement with a Navigable Waterway (N/A)
G. Traffic Management Plan for Use During Construction
H. Stage Construction
1. Accommodation of oversize Loads
J. Graffiti Control
8. Progranuning
A. Funding Breakdowns and Commitments
9. Reviews
10. Project Personnel
11. List of Attachments
A. Vicinity Map
B. Location Map
C. City Circulation Element
D. Existing ADT Volumes
E. Projected ADT (2020) Volumes
F. AM and PM Peak Hour Volumes and ILV's, and Weave
Analysis
G. Proposed Project Layout
H. Proposed Project Striping
1. Typical Cross-sections
J. Cost Estimates (separated interchange, noise walls, city
street)
K. Right -of-way Data Sheets
-8- /y/r
b. Utilize the approved NBSSR and incorporate noise barriers (wall/berm)
into the PR. This will involve design alternatives, CalTrans workshops,
and exhibit preparation.
c. Attend eight monthly Project Development Team (PDT) meetings and
separate technical topic meetings as necessary.
d. Attend two community meetings and prepare exhibits to assist the City in
project updates and alternatives to the public.
D. Environmental Document (ED)
1. Preparation of environmental technical studies that are necessary as input to
completing an ED for this project. The anticipated ED will be a mitigated negative
declaration with the City preparing the CEQA/NEPA documentation. Preparation
of these studies shall be coordinated with CalTrans. The environmental analysis
of the design alternatives shall include the following:
a. Traffic: The approved Traffic Impact Technical Study will be used for the
ED.
b. Geotechnical:
1. Geotechnical Report:
A. Project coordination, which includes scheduling of the
subsurface evaluation and also Client liaison and
conferences.
B. Performance of a subsurface evaluation for the proposed
improvements. This evaluation will include the excavation,
logging, and sampling of 27 exploratory borings. The
borings will be located along the proposed widening
alignment to evaluate the subsurface soil conditions
underlying the site. We anticipate the depth of our borings
to be on the order of 5- to 10- feet.
C. Laboratory testing of selected, representative soil samples.
Laboratory tests will include evaluation of in-situ moisture
and density, gradation, Atterberg limits, consolidation,
direct shear, R-value, and soil corrosivity.
D. Data compilation and engineering analyses of the
information obtained from our subsurface evaluation and
laboratory testing. Our engineering analyses will include
the analyses of seismic design criteria, anticipated
-9- J5'~ /'1
settlement, fill embankment and cut slope design
recommendations, corrosion potential of soils along the
alignment, design criteria for earth retaining structures, and
evaJuation of structuraJ pavement sections.
E. Preparation of a Draft Materials Report in accordance with
CalTrans requirements presenting our methodology,
findings, conclusions, and recommendations regarding the
proposed roadway improvements. The report will include
Soil Survey Sheets, detailed descriptions of the subsurface
exploration, laboratory testing, site conditions, groundwater
conditions, and geologic conditions encountered at the site.
The report will also include our evaluation and
recommendations regarding embankment construction,
embankment foundation preparation, liquefaction potential,
corrosion, faulting and seismicity, pavement section design,
groundwater control, earthwork, and other special
construction considerations.
F. Subsequent to review, comments will be addressed and the
Materials Report will be finalized.
G. Client meetings, as needed, to provide status reports for the
project and also to discuss the results of the evaluation to
date. For the purpose of this proposal, we have assumed
three meetings lasting three hours each.
H. Foundation Reports for the bridge are assumed not
necessary for the PRo
2. Lead Testing Report:
A. Prepare a work plan and coordinate with CaITrans to select
soil sample locations. In accordance with CalTrans
procedures, a total of 38 locations are proposed, spaced
approximately 300- feet apart along with the shoulder of the
I-80S/Orange Avenue on- and off-ramps and shoulder ofI-
805 within the project area.
B. Collect soil samples at depths of 0- to 0.5-foot, 1.0- to 1.5-
feet, and 1.5- to 2.0-feet from each boring location. Soil
samples will be collected using manual techniques, such as
a hand auger. Sampling equipment will be decontaminated
prior to sampling using a three-step wash and rinse using
non-phosphate detergent, and potable and deionized water.
Soil borings will be backfilled with cuttings. Water
-10- J ~/ cJ./J
generated from decontamination of field equipment will be
placed upon exposed soil or pavement in the project area to
evaporate.
C. Analyze each soil sample for totaJ lead using EPA Test
Method 6010/200.7.
D. Prepare a brief letter-report presenting our methodology,
fmdings, and conclusions.
c. Hazardous Waste ISA: The existing ISA completed on April 13, 1998 will
be used for the ED, along with the amended area defmed in the PSR section
of this scope.
d. Noise: The existing Acoustical Study used for the preparation of the
NBSSR will be updated to reflect the current Orange A venue interchange
configuration. This Acoustical Study was prepared in accordance with the
Federal Highway Administrations and California Department of
Transportations's noise abatement criteria as well as the City of Chula
Vista's noise elements. Due to the Federal funding involved, potential
noise impacts were elevated on the basis of FHW A noise criteria.
Miligation measures and alternatives will be analyzed to determine noise
barriers (walls/berms) heights and locations. This updated Acoustical
Technical Report will be processed with CalTrans and the City of Chula
Vista for their approval. This updated technical report will also be revised
to reflect the extension of Olympic Parkway to Brandywine.
e. Air Quality: The Air Quality Impact Analysis will be completed for the
project based on traffic data for each alternative. Project inclusion in the
Regional Mobility Plan, the Congestion Management Plan, and the
Regional Transportation Improvement Plan will be determined. Technical
guidance will be based upon the CalTrans Air Quality Technical Analysis
Notes (A WT AN, 1988). Using existing documentation, summarize recent
air quality trends and existing meteorologic and air quality conditions in the
area. Applicable goals, policies, and attainment programs of state and local
agencies including the San Diego Air Pollution Control District's
(SDAPCD's) 1991 Regional Air Quality Strategies and 1994 Ozone
Attainment plan will be discussed. Any sensitive air pollution receptors
will be identified. Project construction and operational emissions of criteria
air pollutants will be estimated using EP A emission factors and project
traffic data. Estimates will be made for existing, future, base-case, and
project-case roadside emissions of CO on those road segments or
intersections affected substantially by project traffic, if any. This analysis
will utilize the CalTrans CALINE 4 Dispersion model.
-11- /5r~J
--.-._.._.._._.~--
f. Visual Quality/Landform Alteration: Consultant will identify potential
sensitive visual receptors and will work with the City of Chula Vista and
Carrrans staff to identify up to two locations for preparation of conceptual
visual simulations. The existing views of the interchange will be depicted
in photographs and describe and then compared wi th the anticipated future
views after project implementation. Impacts on sensitive visual receptors
and the anticipated change in the landform due to the proposed project will
be evaluated. Mitigation programs incorporating landscaping and special
concrete treatments will be described and shown in visual simulations, if
necessary. The visual quality study will be signed by a registered
landscape architect.
g. Consultant's enviromnental team members shall meet with City and
CalTrans enviromnental staff assigned to the project to discuss a refined
work program for the interchange project. Consultant shall prepare an
enviromnentaI checklist based on these initial meetings and a review of the
project alternatives.
h. Consultant shall recommend the level of enviromnental clearance required
in consultation with the City and CalTrans. It is anticipated that a
mitigated negative declaration will be sufficient for the documents.
I. Consultant shall prepare NOP and NO! for issuance by City of Chula Vista.
j. Consultant shall prepare Draft Enviromnental Document (DED).
Consultant may be required to attend a public hearing to present the results
of the Draft PR and DED. Consultant shall provide a final document
incorporating responses to all written and verbal comments received during
the DED review period.
III. Palomar/I-80S Interchange
A. Meetings and Coordination
Coordinate and attend up to twelve (12) monthly PDT meetings or separate technical
topic meetings as necessary in processing project with FHW A and CalTrans on separate
track from the other interchange projects.
IV. Reimbursable Expenses
Costs for reimbursable expenses such as report printing and bluelines will be billed to the
City at cost incurred. Budgets are set up approximating the expenses for the following:
-12- /~022
A. Telegraph Canyon:
1. Additional construction documents, printing due to increase in CalTrans requests
and review cycles.
B. Orange A venue:
I. Additional PSR report printing due to modification to include Olympic Parkway
and additional reviews resulting from such changes.
2. Printing and expenses associated with the PRIED added to the scope of work.
COST SUMMARY
1. Telegraph CanyonlI-805 Interchange
A. Construction Staking
I. Office $ 8,550.00
2. Field $ 30,800.00
B. Bid Phase $ 1,500.00
C. Construction Support $ 16,650.00
D. Construction Inspection (McDaniel Engineering) $ 63,500.00
E. Overhead Sign Design (Urban Systems) $ 8.500.00
Subtotal $129,500.00
II. Olympic Parkway/I-805 Interchange
A. Project Study Report (PSR) $ 24,000.00
B. Metric Topographic Mapping
I. Interchange $ 13,250.00
2. Olympic Parkway $ 9,150.00
C. Project Report (PR) $ 63,100.00
D. Environmental Document (ED) $ 98.700.00
Subtotal $208,200.00
m. Palomar/I-805 Interchange
A. Meetings and Coordination $ 7,350.00
IV. Reimbursable Expenses $ 10.000.00
Total $355,050.00
The proposed amendment will increase the contract with CONSULTANT, as amended, by
$355,050 to a total of $1,003,440.
-13- )~;2.J
B. Amend lIB Phased Fixed Fee Arrangement as follows:
1. Revise the Table as follows:
First Second Third Fourth
Original Amendmen Amendment Amendment Amendment
Phase General Description of Work for Contract t Revised Revised Revised Revised
No. Each Phase Amounts Amounts Amounts Amounts Amounts
Geometries and Cost Estimate for
1 Telegraph Canyon Road $20,150 $20,150 $20,150 $20,150 $20,150
Project Study Report/Project
Report (pSRlPR) for Telegraph
2 Canyon Road (Original Contract) $92,960 $74,080 $80,853 $80,853 $80,853
Encroachment Pennit for
Telegraph Canyon Road (First
Amendment)
Plans Specifications and Estimates
3 (PS&E) for Telegraph Canyon $138,750 $157.630 $291,127 $291,127 $291,127
Road
4 Access Approval Report (AAR) $50,400 $50,400 $50,400 $50,400 $50,400
for East Palomar
5 Project Study Report (PSR) for $78,960 $78.960 $78,960 $78,960 $86,310
East Palomar Street
Project Study Report/Project
6 Report (PSRlPR) for Olympic $104,720 $104,720 $104,720 $104,720 $191,820
Parkway
7 Expenses $17,180 $17,180 $22,180 $22,180 $32,180
8 Submittal of request for sound wall ° ° ° $6,000 --
program fuoding
9 Construction staking, support and
inspection and overhead sign ° ° ° ° $129,500
design for Telegraph Canyon
Road
10 Envirorunental Document and
Metric Topographic Mapping for ° ° ° ° $121,100
Olympic Parkway
Total Cost $503,120 $503,120 $648.390 $654,390 $1,009.440
-14- /J/ 02 f
-- - ----..-.....---------...,...-
C. Except as modified herein, all other provisions of the Agreement approved by Resolution No.
18193 on January 23, 1996, the first amendment approved by Resolution No. 18555 on January
21,1997, the second amendment approved by Resolution No. 18670 on May 20,1997, and the
thirù amenclmeHt approved by Resolution No. 18749 on August 5, 1997, shall remain in full force
and effect.
END OF FOURTH AMENDMENT
SIGNATURE PAGE FOLLOWS
J~>d--~
-15-
Signature Page
for the Fourth Amendment to
Agreement between City of Chula Vista
and Rick Engineering Company
for Preliminary Engineering Design, Environmental
and Construction Inspection! Administration Services
for Three Interchanges with 1-805 at Telegraph Canyon Road,
Olympic Parkway and Palomar Street
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Fourth
Amendment 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:
Beverly Authelet, City Clerk
APPROVED AS TO FORM:
~f/[<-~~.
John . Kaheny, City Attorney
DATED: Rick Engineering Company
By: £~- -
Kai Ramer, Associate
H :\SHARED\ENGINEER\RICK4AMD.SMN
/ÝJ?
-16-
: ~.~/S-
ATTACHMEN::r-- ~-
R::SO~UTION NO. 12193
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPRDVING~WITH ~J
~ Pf'i:UMINARY ENGINEERING DESIGN SERVICES
FOR THREE INTERCHANGES ON INTERSTATE 805, AND
APPROPRIATING $550,000 FROM FUND 621-5210 FOR
PROJ::CT STM327
WH::REAS, in working with the developers in coming up with a strategic pian to assure
that growth can continue in the eastern area without violating the Growth Management
Ordinance, it was determined that one of the more critical items is to upgrade the 1-805
freeway interchange; and
WHEREAS, the proposed contract will retain Rick Engineering to prepare Preliminary
Studies for Interchanges with 1-805 at Telegraph Canyon Road, East Orange Avenue and
Palomar Street; and
WHEREAS, such studies are required by Caltrans prior to construction of major projects
within Caltrans Right of Way; and
WHEREAS, the contract also provides that Rick Engineering Company will prepare
design drawings and specifications for the Telegraph Canyon Road Interchange if Caltrans
concludes that the work does not require a Project Study Report.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement with Rick Engineering Company for Preliminary Engineering
Design Service!' for three interchanges on Interstate 805, a copy of which is on file in the
office of the City Clerk as Document No. C095-012.
3:: IT FURTH::R RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
3E IT FURTHER RESOLVED that the amount of $550,000 is hereby appropriated from
Fund 621-6210 for Project STM327.
Presemed by ~
n P. Lippin Bruce M. Boogaard
blic Works Director City Attorney
-
(
~-"'. ,,- ------.-..- ,",___n
.
- , ..
COUNCIL AGEJI<ì>A STATEMEJliT
Item /7
Meeting Date 1/23/96
ITEM TITLE: R ]' J i'/'.JA· ·thRi kEn' . C
eso utlOn pprovmg agre=::nt 'W1 c gmeenng ompany
for Preliminary Engineering Design Services for three interchanges on
. Interstate 805, and Appropriating $550,000 from Fund 62]-62]0 thereÎor
SliBMITTED BY: Director of Public ofW ~
REVIEWED B)': City ManageL.Þ¡ (4/5ths Vote: Yes..x. No_)
~
In working with the developers in coming up with a strategic plan to assure that growth can continue
in the eastern area without violating the Growth Management Ordinance it was determined that one
of the more critical items is to upgrade three I-80S freeway interchanges.
The proposed contract will retain Rick Engineering to prepare Preliminary Studies for Interchanges
with I-80S at Telegraph Canyon Road, East Orange A venue and Palomar Street. Such studies are
required by Caln-ans prior to construction of major projects within Caltrans Right of Way. The
contract also provides that Rick Engineering Company will prepare design drawings and
specifications for the Telegraph Canyon Road Interchange if Caltrans concludes that the work does
not require a Project Study Report.
RECOMMENDATION: That Council approve the Resolution appropriating funds and approving
the agreement ",ith Rick Engineering Company.
BOARDS/COMMISSIONS: N/A
DISCUSSION: On November ], ]995, the City issued a request for proposals to provide
preliminary design services for three interchanges with I-80S (T e]egraph Canyon Road, East Orange
Avenue and East Palomar Street). The design services are specifically to prepare Project Study
Reports/Project Reports (pSR/PR) for Te]egraph and Orange, a Project Study Report for Palomar
Street and construction p]ans for Telegraph Canyon if the project can be done under Caltrans P=Ìt
provision. Such studies are required by Caltrans prior to construction of major projects within
Caltrans Right of Way. The PSR/PR studies are required for any project with an estimated cost
(within Caltrans Right of Way) in excess of$] million. In the case of the Telegraph Canyon Road
interchange improvements, it is likely that the project can be performed for less than the $1 million
cap on permits and threshoJd for requiring studies of this nature. In that event, the contract allows
the City to direct the consultant to prepare final p]ans, specifications and estimates (PS&E), the
contract documents that the City would use for soliciting bids from contractors. The City could then
cause the work to be performed under an encroachment pennit from Caltrans.
A pre-proposal meeting was he]d with all prospective proposers on November 13, J 995.
-
Z
Page 2, Item --.!J
Meeting Date 1/23/96
Eigrr: proposaìs were received by the deadEne, ~ovember 29, ì 995. .~ s~l~:tion commin~~
consisting of Chff Swanson, City Engineer; Steve Thomas, Senior Civil Engineer (City); Keith
Ploettner, Senior Civil Engineer (Caltran.s); and Bob Grandy of Smith and Kempton, (the City's
consultant managing the project) reviewed the proposals and established a short list of four
consuìtants for interViewing and further discussions. The selection criteria included the following:
· Cost
· Experience with similar projects
· Adequacy of staff
· Project understanding
· Resources
· Past perfonnance
Listed below are the eight submittals received.
Firm Name Proposal Cost Basis
Rick Engineering (San Diego) $502,070
Boyle Engineeririg Corp. (San Diego) $480,500
Daniel, Mann, Johnson, &Mendenhall (San Diego) I $503,336
Parsons, Brinkerhof (San Diego) $1,086,632
Greiner, Inc. (San Diego) $578,296
De Leuw Cather & Co. (San Diego) I $701,129
Howard, NeedJes, Tammen, Bergendoff (Irvine) $399,903
Carter &Burgess, Inc. (Irvine) $734,905
The committee's ñnaJ ranking of the four qualified firms seJected for interviews is as follows:
1. Rick Engineering
2. Boyle Engineering Corp
" Daniel, Mann, Johnson, &Mendenhall (DMJM)
,).
4. PdTSons, Brinkernof
It should be noted that the selection committee reviewed the lowest cost proposal, from Howard,
Needles, Tammen, Bergendoff (HNTB) very carefully, and concluded that the proposal did not
demonstrate a clear understanding of the project, and did not demonstrate significant experience
with the types of studies requested. The selection committee established 13 criteria to weigh all
proposals on an equal basis. The committee rated the HNTB proposal as 7th of the 8 original
proposals, based on weaknesses in experience with processes and procedures used by Caltrans, lack
of experience in these specialized studies, lack offamiliarity or experience with local Caltrans staff,
and Jack offamiliw-ity with local traffic problems. The consensus of the seJection committee ~as
~
5
Page 3, Item /7
. Meeting Date 1/23/96
tha: :V:TB' s p70;:>osal, in spit~ of th~ low cost, W2,S so weak tha: they should not be considered
furtn::r.
Th~ top four fI,:ms were invited to make presentarions to th~ se1ecrion coIIlIIliuee. After the
pres..<>ntarions, th~ selecrion coIIlIIliUee rated Rick Engineering highest, based on evaluation of each
consultant's experience, track record, sub consultant experienc~, and "team" resources. During
discussions among the selection coIIlIIliuee, it was noted that while BoyJe had the apparent lowest
. bid, based on th~ rotal program, Boyle assumed no Preliminary Engineering Design Services would
be required for T e1egraph Canyon, and did not include that in thei: cost proposal. Rick, on the other
hand, had incluæà that item. Tne RFP explicitly stated that proposals should include costs for both
situations. Staff believes that the PSR/PR will not be required, and that with the Rick proposal a
savin~< of$64,450 could be realized in that situarion. Caltrans' regulations allow projects to be done
under their permit procedures without a PSR/PR if the construction cost of the work within their
right of way is under $1 million. However, if the work exceeds that fIgure they require the PSR/PR
procedures to be followed. BoyJe has agreed that, shouJd a PSR/PR be necessary, they would
perfonn the studies at no additional cost, but there would be no cost reduction. Based on this, and
stañ's belief that the PSR/PR can be avoided, Rick's proposal would be lowest of the responsive
proposers, since the cost of their contract would be $437,420 (502,070 less $ 64,450). The Boy]e
proposal would still cost $480,500. The DMJM proposal was just slightly higher than the Rick
proposal. Staffhad concerns about the DMJM proposal, since it presumed that the projects would
receive Environmental Categorical Exemptions (except for the Palomar Project, which wouJd not.
receive an environmental clearance at this stage). DMJM, therefore, did not indude any
environmental studies in their scope of work. Staffs concerns were that, if exemptions were not
obtained and adàirional studies were to be required, there wouJd be an additional cost. Staff believes
that the budget for environmental studies in the Rick proposal is adequate.
The proiect:
The consuhant is proposed to be retained to perform project stUdy reports/project reports for two
existing interchanges and a project study report for one new interchange (palomar Avenue). The
im.provements for Telegraph Canyon Road involve providing an additional eastbound Jane under the
bridge. It is anticipated that these im.provements wilJ be under construction in early 1997, and are
currently in the CIP. Current traffic studies indicate that the East Orange Avenue im.provements
will be needed in approximately year 2000. Completion of the PSRlPR will allow the im.provements
to be designed and constructed on this timetable. With respect to East Palomar, staffbelieves that
this road might not be needed until 2008-2010. At this point, a project report, with associated
environmental analysis wouJd be premature, however the project study report (which is more
preliminary), includes processes for obtaining approval of the new interchange ÍÌ"om the State and
the Federal Highway Administration (FHW A).
The Contract:
Telegraph Canyon Road
The conuact calls for the consultant to analyze projected traffic voJumes. accident data and
possible alternatives for im.provements consisting of adding an eastbound through lane on
f
Page 4, Item I 7
Meeting Date 1123/96
Telegraph Canyon Road. If the estimated cost is under 51 Million, or is acceptably cJose.
Caltrans will alJow an encroachment pennit process for construction of the improvements.
Since a PSR/PR will not be required for the encroachm~t pennit, The consultant will be
directed to prepare final plans and specifications.
East Orange A v~ue
The contract calls for the consultant to analyze projected mrlIic volumes, accident data and
possible alternatives for improvements consisting of upgrading the interchange to
accommodate the future 6 lane prime Arterial roadway in accordance with the General Plan.
To do so will likely involve widening the overpass and possibly providing wider on/off
ramps. The conswtant will analyze alternatives to design of the interchange and the
interreJationship with the adjacent interchanges. The work involves preparation of
prelim;m..ry cost estimates and environmental studies necessary to obtain environmental
clearance for the project
East Palomar Avenue
The contract calls for the consultant to analyze projected traffic volumes and possible
alternatives for improvements consisting of providing a new interchange in accordance with
the General Plan. The new interchange is anticipated to be a "Half Diamond" interchange
with on/off ramps from/to the north only. Caltrans requires that a full interchange also be
studied, as well as the potential impacts from not having any interchange. The contract calls
for the consultant to study all three possibilities. In addition, the conswtant will prepare the
formal request to Caltrans and FHW A, including necessary environmental and technical
studies, for a design exception to allow a variance from Federa.l requirements which prohibit
half diamond interchanges. The contract also requires the conswtant to identifY and process
applications for design exceptions, which are situations where the design cannot confrom to
Caltrans', FHWA standards.
Although the Council has awarded a contract to Smith & Kempton to assist us in managing the
interchange program, which thi.š work is a part, t he projects have been components of the T ransDIF
for several years. As such, this portion of the project (preliminary design) has been anticipated, but
not included in the City's CIP budget, since accurate figures for this cost were not availabJe. The
source of funding for the proposed contract is the Eastern Area Development Impact Fees for Streets
(TransDIF). The TransDIF has programmed the following amounts for interchange improvements:
Telegraph Canyon Road $1,814,000 (this includes previous improvements)
Orange Avenue. $4,064,000
Palomar Street $2,673,000
Funds are available in the City's TransDIF Fund account, however, $550,000 should be appropriated
to cover the cost of the contract ($502,070) and staff time ($47,930) and a new CIP project
(STM327) be setup.
-
5
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Page 5, Item -.!J
. Meeting Date ]/23/96
Tht proposed contract wilJ provide preliminary design, which is eligible for T ransDIF funding.
FISCAL IMPACT: The direct fmancial impact to the City wilJ be minimal. Tne cost of this
contract is $502,070 and, with staff time, the project total is estimated at $550,000. AIJ of the costs
associated with this contract wilJ be funded from T ransDIF fees. There are sufficient funds in the
TransDIF account to pay for the project, however Council must appropriate the funds ($550,000)
. to account 621-6210, project number STM327. Mos! administration and manag=ent of the project
wilJ be perfonned by Smith and Kempton, the City's consultant, through a contract approved and
funded last yeaI. City staff will be involved in oversight, coordination and dire.."tiOD and those costs
will be paid by the TransDIF. Staff cannot perform the work due to lack of available staff time and
Jack of expertise to efficiently deal with Caltrans requirements and processes.
Attachment: Agre=ent
0735-10 STM-327 :CST
F:\HOME£NGINEER\AGÐ>."DA\A.113 _ RFP. CST
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"THIS PAGE BLANK
7
RESOLUTION NO. /8"11;J
.
?~SOLUTION OF THE CITY COUNCIL OF THE CITY OF
C"rlULA VISTA ,APPROVING AGREEMENT WITH RICK
ENGINEERING COMPANY FOR PRELIMINÞ~Y
ENGINEERING DESIGN SERVICES FOR THREE
INTERCHANGES ON INTERSTATE 805, ---.J..ND
J.~PROPRIATING $550,000 FROM FUND 601-6010 FOR
PROJECT TFl47--
W"rlEREAS, in working with the developers in coming up with
a s~~ategic plan to assure that growth can continue in the eastern
a~ea wi thou:: viola::ing the Growth Management Ordinance, it was
de~ermined that one of the more critical items is to upgrade the I-
805 freeway interchange; and
WHEREAS, the proposed contract will retain Rick
Engineering to prepare Preliminary Studies for Interchanges with I-
805 at Telegraph Canyon Road, East Orange Avenue and Palomar
Street; and
WHEREAS, such studies are required by Caltrans prior to
construction of major projects within Caltrans Right of Way; and
WHEREAS, the contract also provides that Rick Engineering
Company will prepare design drawings and specifications for the
Telegraph Canyon Road Interchange if Caltrans concludes that the
work does not require a Project Study Report.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an Agreement with Rick
Engineering Company for Preliminary Engineering Design Services for
three interchanges on Interstate 805, a copy of which is on file in
the office of the city Clerk as Document No. .
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $550,000 is
hereby appropriated from Fund 601-6010 for Project T 47.
Presented by
John P. Lippitt, Director of Bruce M. , City
Public Works Attorney
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. Agreement between Parties and RecitaJ Page
Agreement between
Cit}' of Chula Vista
and
Rick Engineering COr.Jpany
for Engineering Design Services
Tnis agn::m:nt ("Agr:=:nt")', dat:d for the purpos:s of r:f:r:nce
only, and effectiv: as of the date last executed unJ:ss another date is otherv.is: sp:cified in ExÞjbil
. A, Pa:agrnph ] is œtwe:n the City-related entity as is indicated on Exhibit A, pa:agraph 2, as such
("City"), whos: busin:ss form is s:1 forth on Exhibit A, paragraph 3, and the emity indicated on the
anach:d Exhibit A, paragraph 4, as ConsuJtant, whose busin:ss form is set forth on Exhibit A,
paragraph 5, and whose plac: of business and teJephone numb:rs are set forth on Exhibit A.
pa.-agraph 6 ("Consuhantn). and is made ",ith reference to the f01l0",ing facts:
Recitals
·Whereas.on November 1,1995, the Cit)' issued a requ:5! for Proposals for engineering
d:sign s:rvices: and.
\\'hereas,ìUck Engin::ring Company submined a proposaJ in respons: to the request:
and.
\\'hereas.Staff has d:t:rmined that the proposal is responsible and has n:gotiated an
agr::ment bas:d on the proposal; and,
'Whereas, Consuhant warrants and repres:nts that they are experienced and staffed in a
m,",'"1!J:r such that th:y are and can prepare and d:Jiver the servic:s required of Consultant to City
ithin Lìe time fu!.:n:s h:rein provided a1l in accordance ",ith th: t:rms and conditions of this
Ag;~:ment;
(End ofReci:-aJs. Next Page starts ObJigatory Provisions.)
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Obligato!")' Provisions Pages
!'OW, THEREFORE, BE IT RESOL\"ED that th~ c:::. 2.."1d CO!CS:J::Z~;, do h~~~b:.
m:.:72])y agret 2.S foIJo\\'s:
1. Consultan:'s Duties
A. Gen~ Duties
Consult.a¡¡t shall perfom1 all of the services described on th~ an.a.ched Exhibit A,
P2..-a.g;-a.ph 7, entitJed "Genera.] Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "GeneTal Duties", Consultant shall a]so
perfOm1 aH of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
ScheduJe", not inconsistent v,ith the General Duties, according to, and within the time frames set
for1h in Exhibit A, Paragraph 8, and deliver to City such Deli"erables as are identified in Exhibit
A, Paragraph 8, v,ithin the time frames set fom therein, time being of the essence of this
agre=ent. The General Duties and the work and de1j"erabJes required in the Scope of Vi ork and
Schedule shaH be herein referred to as the "Defined Services". Failure to complete the Defined
Se:-,ices by the times indicated does not, except at Lìe option of the Cit)', operate to terminate
this Agreement..
C. Reductions in Scope of Work
City may independent]y, or upon request from Consuha¡¡t, from time to time reduce the
Defined Services to be performed by the Consuhant under this Agreement. Upon doing so. City
and Consultant agree to meet in good faith and confer for the p14'P0se of negotiating a
cO:7esponding reduction in the compensation associated with said reduction.
D. Adàitional Services
In addition 10 performing the Defined Services herein set fom, Cit)' may require
ConsuJtant 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 shaH perform same on a time and materials basis at the rates set fom in
the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. Al] compensation for Additional Services shall be paid monthJy as billed.
E. Stand2rd of Care
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Consulta:1:, in performing any Services unde~ this agree::1em, whethe~ De:ined Services
- ,ceo.' I Sø-.;.øs h 11.-'· .- ~.; tø t .;.c.Co ' ø ,ø) '.-.. d '.']1
OJ ....~__;dona .... ........ ,sa. p_.Jorrn In 2; mann_. CO..,).s...n \).J'J, _.Z. ...\.... O. ...~_ an S*.1;
orè::-.z..-iJy exercis:¿ by mernD~;-s of the prof:ssion :u:7ent]y prz::::jng und:T si::::;aj conòj:ia:;s
. and ;:: similar loca:jons.
F. Insura.1Jce
Consultan¡ represents that it and its agents, staff and subconsuJtants employed by j¡ in
co!,-,e:1ion with the Services required to be rendered, are protected against the risk ofJoss by the
follov.ing insurance coverages, in the foIl owing categories, and to the limits specified, policies of
whier; are issued by Insurance Companies that have a Best's Rating of "A, Class V" or beneI', or
shal; meet with the approvaJ of the City:
StatutO!}' Worker's Compensation Insurance and Emp]oyer's Liability Insurance coverage
in the amount set forth in the anached Exhibit A, Paragraph 9.
Commercia] Genera] Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined sing]e Iimit applied
sepa.-ateJy to each project away from premises owned or rented by Consu1tanL which names City
and AppJicant as an Additional Insured, and which is prima!)' to any policy which the City may
othe~ise carr)' ("Primary CoveTage"). 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 ofInsurance Coverage.
(1) Certificates ofInsurance.
Consultant shaIl demonstrate proof of coverage herein required. prior to the
cornmencement of ser..ices required under this Agreement, by deli\'e!)' of Certificates of
Insu.-ance demonstrating same, and further indicating that the policies may not be cance]ed
v.ithout at least thiIty (30) days v.'I'Înen notice to the AdditionaJ Insured.
(2) PoIicy Endorsements Required.
In ordeT to demonstrate the Additional Insured Coverage, Prima:;; Coverage and
Cross·liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, ConsultaJlt shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
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H. Secu~;v for Perf(\r;;)ance,
I]) Performance Bond.
lr. the event that ExÌlibi; A, at Pa;-ag:-aph 19, indicates the need for Consul1ß..'1t to
provide a Perfo=ance Bond (indicated by a check mark in the parenthetica] space immediately
preceding the subpa;-agraph entit]ed "Performance Bond"), then Consultant shal! provide to the
City a performance bond by a surety and in a form and amount satisfactor)' to the Risk Manager
0; Ciiy Anorne:,.2 which amount is indicated in the space adj.a::entto the term, "Performance
Bond", in said Paragraph 19, Exhibit A-
(2) Lener of Credit.
1D the event that Exhibit A, at P.a."".agraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediate]y
preceding the subparagraph entitled "Lener of Credit"), then Consultant shalI provide to the City
an ÌITevocabJe lener of credit cal!abJe by the City at their unfettered discretion by submining to
the bank a Jener, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The Jener of credit shal! be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Anorney which amount is indicated in the space
adjacent to the term. "Lener of Credit", in said P.a."".agraph 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 Lener of Credit (indicated by a check mark
in the parenthetical space immediate]y preceding the subparagraph entitled "Other Security").
then Consu]tant shal1 provide to the City such other security therein Jisted in a form and amount
satisfactory to the Risk Mana!:!er or Citv Anorne\'.
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1. 3~sin~ss Lice~s~
Consultant agrees to obwn a business Jicense from the City and to otherwise cornpIy
v:ith Title 5 oft.\¡e Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
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City· sha]] T~gu]arJy COr:suJI the ConsuJtant for th~ pUJ'pos~ of reviewing th~ progress of
the !)~:::1~d Servie~s and Schduìe therein contain~d, a;ld to provide direction and guidance tú
acnje·.e L'1e objee::"'es of this agr~ement. Tne Cily shall p~nnilaccess to its of;;ee facj]jties. fijes
and rec:JTds by Co::suhant throui!hout th~ term oftne ai!reement. in addition thereto, Cil\' ac:ees
, _ _ r _
to pro\'ide the info=ation, dat?, items and materials set forth on Exhibit A, Paragraph] 0, aJ1:
witb ,,'1: further un:ier51.anding that dday in the provision of these materia]s beyond 30 days a:'1e:
autho::zation to proceed, shalJ constitute a basis for the justifiab]e deJay in the ConsuJtant's
perfo::T,ance of this agreement.
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B. Comp=ation
Upon reee:p: of a proper]y prepared bj ]ing from ConsuJ:a.m submitted to the City
perio::E:aIly as indieated in Exhibit A, Paragraph 18, but in no event more frequent!y than
month]y, on the day of the period indicated in Ex1ribit A, Paragraph 18, City shalJ compensate
C011.>-uJ:ant for aIl services rend::red by ConsuJtant according to the tenns and conditions set fonh
in Exhibit A, Pa..-agraph ] 1, adjacent to the governing compensation reJationsJrip indicated by a
"cheekrnark" ne)", to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shan compensate Consultant for out of pocket expenses
as provided in Exlribit A, Paragraph 12.
AU biJIin~' submitted by Consultant shan contain sufficient infonnation as to the
propriety of the billing to pennit the Cit)· to evaJuate that the amount due and payable therf'u;1de:
is proper, and shaJl specificany contain the City's account number indicated on Exhibit A.
Paragraph 18 (C) to be charged upon making such payment.
3. Ad;ninistration of Contract
-;=,,'"h pany designates the individuals ("Contract Administrators") indieat~d on Exhibj: A.
Paragraph 13, as said pany's contract administrator who is authorized by said parTY 10 represem
the;;: in the Toutin~ administration of this agreement.
4. T::m.
llis Agre:rnent shan tc:nninate when the Parties have complied with aIJ executor)"
provisions hereof.
5. Liquidated Damages
Tbe provisions of this section apply if a Liquidated Damages Rate is provided in Ex1ribit
A, Pa..-agraph 14.
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11 is acknowkdged L. .:Joth panies that time is of the esse;¡ce he co;;]?ktion of this
AgT~~ment. It is åifJicuJt to estimate the amount of åamages r~suJting from å~]ay in p~r-
for:nance. The pa:"1ies have used their judgment to arrive al a reasonable amount 10 compe:lSale
fo:'" d~;2Y·
Failure to compJete the D~fin~å S~~';c~s within the aJ]o:¡~d time period specified ir. this
Ag;eemenl shaIJ res:.Ilt in the folJowing penalty: For each consecutive calendar day in excess of
the ti.1JJe specified for the comp]etion of the respective work assignment or DeEverab:e, the
co~.suJtant shaH pay to the City, or have withheld from momes due, the sum ofLiquiåated
Da::-.ages Rate provided in Exhibit A, Paragraph ]4 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's conuol, other than delays caused by
the CÌ!)', shall be r::quested in writing to the City's Contract Aàministrator, or designee, prior to
the expiration of 1.11e specified time. Extensions of time, when gTanted, will be based upon the
effeC1 of delays to the work and wi!! not be granted for de]ays to minor portions of work unJess it
can be shov."IJ that such delays did or wil1 deJay the progress of the work.
6. Financia] Interests of Consultant
A. Consultant is Designated as an FPPC FiJer.
If ConsuJtant is designated on Exhibit A, Pa¡-agraph 15. as an "FPPC filer", Consuhant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
discJosure provisions. and shaH report economic interests to the City CJerk on the required
Statemem of Economic Interests in such reponing categories as are specified in Paragraph] 5 of
Exhibit A, or if none are specified, then as determined by the City Anorney.
B. Dedine to Participate.
Re!!ardless of whether Consultant is desi!!nated as an FPPC Filer, Consultant shaIJ not
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make, or participate in making or in any way anemptto USe COr>..5ultant's position to influence a
go\,e=enta] de::ision in which Consu]tant knows or has reason 10 know Cor>..5uhant has a
fina¡¡::ia] interest other than the compensation promised by this Agreement.
C. Search to Detennine Economic Interests.
Regardless ofwbethc:r Consultant is designated as an FPPC FiJer, Consu]tant warrants
and represents that Consultant has diligentJy conducted a search and inventor)" of ConsuJtant's
economic interests, as the term is used in the reguJations promuJgated by the Fair Political
Pra::rices Cornmissio'1, and has determined that Consultant does not, to the best of Consultant's
knowJedge, have an economic interest which wouJd conflict with ConsuJtant's duties under this
agreement.
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D. Prom¡>~ ~ot to A:qujr~ Conflicting Jnt~r~>:s.
Rp ";ç.,H:" 'hpi' p~ r It ~; dp 'fTr:;¡1",""¡ . ~:,:..r ,,;:"']P'" C -,~,,;~ 1 fu!1hp"
\._garo,_.:..:. 0; V. .... h....¡ __onsu ~an¡ ~S ....5J:-..___-, as 2...'1.. . . ...... ~ 1 _', o...::.....:...a.'1. .. _.
v.'a.-:-z...-¡;.s and r~;;:-~5~nls that ConsuJtant ,^'iJ] not a:quire, obta.il~~ 0:- assumE: 2:. t:onomic inl~;-~5:
du.':,¡1g 1he term of 1hi> Agreement which would consÜtut!' a conniel of imeres: 2.5 prohibiteò b:.
1he r zir PoJiticaJ Pra:tices A:t.
E. DUT) 10 Advise of ConiJicting Interests.
Regard]ess ofwhe1her ConsuJtant is designated as an FPPC Fi]er, CO!".5u1tanl further
w~"72.."1lS and represents 1hat Consultant will immediately advise 1he City Anorney of City if
COTISUJ:.ant Je~"'"D.5 of an economic interest of Consu]tant's which may resuh in a coniJict of
imerest for the pu.-pose of1he Fair Politica] Practices Act, and regulations promulgated
thereunder.
F. Speci1ïc Warranties Against Economic Interests.
Consultant warrants and represents 1hat neither Consultant nor Consultant's immediate
family members, nor ConsuJtant's employees or agents ("Consu]tanl Associates") presently ha\'e
any imerest, direcrJy or indirectJy, whatsoever in any property which may be 1he subject maner
of1he Defined S~'ices, or in any property within 2 radia] miles from the eX1enor boundaries of
any property whi:h may be the subject maner of the Defined Services, ("Prohibited Interesl").
o1her than as listed in Exhibit À, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, cOr.5ideration. gratuity or other reward or gain Ì12S been made 10 Consuhanl or
Consultant Asso:iates in connection with COr.5u]tant's performance of this Agreemem.
CO!'.5uhant promises to advise City of any such promise that may be made during the Term of
this .A.greement, or for 12 months 1hereañer.
Consuh~'1t agrees that ConsuJtant Associates shaH not a:quire any su:h Prohibited
ImereS! within me Term of this Agreement, or for 12 months mer the expiration of this
Agre::ment, excepl ",;th the wrinen permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any 1hird pany which may be in conflict with COr.5ultant's respor.5ibilities under this Agreement
except with the "'TÎnen permission of City.
7. Hold Harmbs
A. With regard to COr.5uJtant's performance in conne:tion with or incidentaJ to the
proje:t, but excluding it's performance of professional services and the indemnification and hold
harmJess provisions of Paragraph B below, ConsuJtant agrees 10 defend, indemnify. protect and
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, Jld harmkss th~ City, its e1eC1ed and appoimed officers and employees, from and against a1l
clai~s, demands, causes of ac1ion, damage, C0515, expenses, ]osses and ]jabiJi¡ies, (jn:ludin~
~'j:;-,:::J: Jimit.atio:-. anorneys' Ù::~s), in Ja\\> , in ~qulty 0: oth~rwis~, of every b:-J~ or natur~
wha:soever, inclding. but no: 1imited to, injury 10 0; òeath of any person or persons and
damage to or des-u"1lction of any property, threaten, brought or ins1ituteè, arising out of the
performance (exc=¡>t as stated above) of the Ccnsuhant's services, or the conåuct of the
Consultant, or ¡my agent or employee, subcontractors, or others in connection v.ith the execution
oftbe work covered by this Agreement, except only for those daims arising from the sole
negligence or sole willfu] conduct of the City, its officers, or employees. Consultant's
indemnification shaI1 include any and aI1 costs, expenses, anomeys' fees and ]jability incurred by
the City, its officers, agents, or emp10yees in defending against such claims, whether the same
proceed to judgment or not. Further, Consultant at its own exr-nse shall, upon v.Tinen request
by tbe City, defe;¡d 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
decJa.-¡¡tion by the Consultant.
B. With regard to ConsuJtant's performance of professional services, Consultant
agrees to defend, indemnify. protect and hold hannJess the City, its ejected and appointed
officers and employees, from and against a1l claims, demands, causes of action, damage, costs.
expenses, losses and liabilities, (inc1uding v';thout Jimitation anomeys' fees). in Jaw, in equity
or otberwise, of every kind or nature whatsoever, inc1uding, but not limited to, injury to or death
of any person or persons and cia"t'nage to or deSIrUC1ion of any property, threaten, brought or
instituted, arising out of the performance (exc=¡>t as stated abo~'e) of the Consultant's services.
or the conduct of the Consultam, or any agent or employee. subcontractors, or others in
connection ",ith the execution of the work covered by this Agreement, except only for those
claÌlns arising from the sole neg]jgence or sole v';I1ful conduct of the City, its officers, or
empJoyees. ConsuJtant's indemnification sha1l include any and all costs, expenses,anorneys'
fees and JiabiJity incurred by the City, its officers, agems, or employees in defending against such
claims, whether the same proceed to judgment or not. Further. Consultant at its 0"'11 expense
shall, upon ",Tinen request by the City, defend any such suit or action brought against the City.
its officers, agen:s, or empJoyees. Consultant's indemnification of City shall not be limited by
any prior or subsequent dec1ara¡ion by the Consultant. Notwithstanding the
foregoing, Consultant's liability hereunder sha1l not exceed the proceeds of any appli cable
Ì!lsu;ance plus] 0% (ten percent) of the contract amount.
8. Te=ination of Agreement for Cause
Jf, through any cause, Consultant shall faiJ to fulfi1l in a timely and proper manner
Consultant's ob1igations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipuJations of this Agreement, City shaJ1 have ~e righlto terminate
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· this Ag;-eement by' giving 'ww1en notice to Consul1ant of such te=inw._ùn and specif)'ing the
_;Ïe::ive date the~eof at least five (5) days before the effective date of such te=i;;ation. In L'Jal
eve:::. a]] finishe:: or unfinished documents, data, studies, surveys, d~awings. rr;aps, repom and
0'"o--a,p-ia1, r-p-a¡p-' b'- Co-sultan! s\-a1l a·th" o))'ion o"~'" Ci'v bpco~" tf'· provrtv 0".,.
~._. ~.. ....... ....r·-~ -,-,.\.~ ¿J, I _.. j ...._ '.,.... ..._._ "".' ...._
Ci;:.. a..-JÒ Consui:a.;¡! sha1l be en;it1::d to receive jus: and equitÒ¡e compensa:i,,,, for any wo~ì:
satisfactorily cOr:1p]eted on such documents and other mater;aJs up to the effective date of~oti:e
of1 ::"llination, not to exceed the amounts payable hereunder, and less any da..-nages caused CiTY
by Consultant's b:-each.
9. E.."'Tors and Omissions
In the event that the Cil)' Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under tlùs Agreement has resul1::d in expense to
City g;eater than wou]d have resuhed if there were no such negligence, errors, omissions,
Con.:.-ultant sha]] reimburse Cil)' for any additional expenses incurred by the Cil)·. Nothing herein
is intended to limi! City's rights under other provisions of this agrec:ment.
] 0_ T =ination of Agreement for Convenience of City
City may 1emUnate tlùs Agrc:ement at any time and for any reason, by giving specific
wrinen notice to Consuhant of such tennination and specif)'ing the c:ffective date thc:reof. at 1::ast
tlùr.:· (30) days before the effectÌ\'e date of such termination. In that event, a]] finished and
unf1nished dOClmlents and other matc:riaIs described hereinabove sha]], at the option of the City.
become City's sole and exclusive propeny. If the Agreement is terminatc:d by Cil)' as provided in
this pa;-agraph, Consultant shaIl be entitled to receive just and equitable compensation for any
sa'lisfactol)' work completed on such documents and other materia1s to the em:ctive date of such
temUnation. Consuhant hereby express]y waives any and all claims for damages or compensation
arising under tlùs Agreement except as set forth herein.
] 1. AssignabiIil)-
The seD'ices of Consultant are persona] to the City. anò Consuhant sha]] not assign a¡1Y
interest in this Agreement, and sha]] not transfer any interest in the same (whether by assignmem
or novation), 'without prior written consent of City. City hereby consents to the assignmc:nt of
the ponions of the Defined Services identified in Exhibit A, Paragraph ] 7 to the subconsultants
idemllied thereal as "Permitted Subconsultants".
]2. O\\"71ership, PubIication, Reproduction and Use ofMateriaI
All repDT"..5, studies, information, data, statistics, fonns, designs, plans, procedures,
systems and any other materiaIs or propenies proòuced under tlùs Agreement shall be the sole
and exclusive proper!)' of City. No such materials or properties produced in whole or in part
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nnd~~ this Agr~~m~nt shaJJ b~ subject to private use, copyrights 0, pah..1I rights by ConsuJtant in
"le L;¡jted States OT in any other count!)' without the express v.Tinen consenl of (i1y. City sha!]
ha\'e :::1T~stricte: ac¡thority to pub1ish, disdose (except as may b~ ¡¡rnited by tne provisions úf t:-J~
Pu:,::: Records ':-.::), àistrjbul~, ~')d otheJ\vise us~, copyrjgh1 0:" pz::nt, in v;n:;¡~ aT in pa;-'~. 2.:::.
su::-. ~~pons, st:.;:ie5, data, statistics, fonns or oth~r materials 0, p;-op~nies p,:>:c¡c~ò unde, tn~s
Ag:-eement.
J:3. l:1dependen: Contractor
City is interested only in the results obtained and Consu!=t shaJJ penonn as an
indt:?endent COni,,-actor v.ith sole control of the manner and mea.'lS ofperfonning the services
requi;-ed under this Agreement. City maintains the right only to reject or accept Consuhant's
wo~j: products. Consultant and any of the ConsuJtant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an =ployee of City, and none of them shaJJ be entitled to any benefits to which City employees
are entitJed induding but not Jimited to, overtime, retirement benefits, worker's compensation
benefits. injUJ} leave or other leave benefits. Therefore, City wi]] not v.ithhoJd state or federal
income tax, social security tax or any other payroJJ tax, and Consultant shalJ be solely
responsibJe for the payment of same and shalJ hold the City harmless with regard thereto.
]4. Administrative Claims Requirements and Procedures
No suit or arbitration shaJJ be brought arising out of this agreement, against the City
unlbS a claim has first been presented in v.Titing and filed v.ith the City and acted upon by the
City in accordance v.ith the procedures set forth in Chapter 1.34 of the ChuJa Vista Municipal
Code. as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fulJy set forth herein, and such policies and procedures used by the City in the
impJe;m:ntatioD of same.
Upon request by City. Consultant shalJ meet and confer in good faith v.ith City for the
purp:!se of resoj';ing any dispute ov~r the tenns of this Agreement.
]5. Anomey's?ees
Should a dispU1e arising out of this Agreement resuh in litigation, it is agreed that the prevailing
pa.'"!)' shalJ be entitled to recover all reasonable costs incUITed ÍI1 the defense of the daim, -
indurling costs and anomey's fees.
] 6. Stat=ment of Costs
In the ev~nt that Consultant prepares a repon or document, or participates in the
preparation of a repon or document in performing the Defined Services, Consultant shalJ indude.-
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or c~:;s~ the inci:1sion of, in ¿ report or docum~~:. 2 statem~:-.: ú: l' 1um:'~:-5: 2.¡1Ó COS: Jr,
'ÌoJ¡a; 2."11ounts of a!l contracts and subcontracts r~lating to th~ pr~pa;alJon of th~ r~poT1 or
doe:':'::J~nt.
1 ~ ;.!:seelJan~0:;5
A. Consuham not authorized to R~presen1 City
Un]ess sy.:eificalJy authorized in vmting by City, Consu]:znt shalJ hav~ no authority to
ae: ~ City's agent to bind City to any contractual agre~ments whasoever.
B. Consuhant is ReaJ Estate Broker and/or 5a1~sman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/a;-e iicensed v.ith the State of Ca]jfomia or some other state ;a.s a ]jcensed rea] estate broker or
salespeTson. OtheTV.ise. ConsuJtant represents that neither ConsuJtant, nor th::ir principa1s are
Jic::ns::d rea] estat:: brokers or saJespersons.
C. Notices
AJI notices. demands or requests provided for or permin::d to be gi\'en pursuant to this
Agre::ment must be in ·writing. AlJ notices, demands and requests tt) be sent to any party shalJ be
de~::d to have be::n properly given or served if persona]]y saved or deposited in the United
States mail, adåressed to such party, postage prepaid, registered or ceT1ified, v.ith return receipt
requested. at th:: addresses identified herein as the pJac::s of business for each of the designated
parnes.
D. Entire Agreement
This Agr::::ment. together with any other wrinen document referred to or comemp1ateè
heTeir.. embody the entire Agre::mem and understanding between the parties r::]ating to the
sub,;eet maner hereof. Neither this Agreement nor any provisior: hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by tne party against
WIDen enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
.
Each signatory and party hereto haeby warrants and repr::sents to the other party that it
h;a.s J::gaI authority and capacity and direction from its principaI to enter into this Agreement, and
that aIJ resolutions or other actions have been tak::n so as to enable it to enter into this
Agr::::ment.
Page 11
~
;2iJ
F. GO\'~::Jing LawN~nu~
~h' t.."'-&.Þ-:1~" h 11 ~Co ,,'" Þd·" ~ ~o--'t uÞd' ._-,....,-,.:¡ "",p v·;·"r ."-", 1 . r.....'"
1 IS. ":.__..._D¡ S .G..J ... gO....;TI_ D) a;):......., .~;)~ ... IT. ~__¡..hUan....... '1... ¡oJ... Jav.s 0. ...;_
S:,?:t of Ca1ifo::::~. P:..ny actioii arising und~r or r:la:irlg 10 this .t..gr~:men: s:-.aL ":J~ brough: o:-.:~.
ir. ~'¡~ federal o~ s-..a!e couns Joca!ed in San Diego County, Stale of California, aJ16 if app]icar,it.
ÙJ~ CiC}' of Chulz Vista, or as dose ÙJeretO:15 possjbJ:. Venue for ÙJis Ag¡eemem, and
pe:fo;mance h::-eunder, shaJ1 be ÙJe City of Chula Vista.
r e:1: of page. nex! page is signature page.]
-
Pag,= 12
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-
.
Sigr.a:.:..::::-e ?age
tD
. -' L C' - - V' ~ _..: ~!;ame c: C::;:-~sul:.~::-::
h--.e:..e:.mer'" -·.::.-wøo"'j, , .:y 0.. nUlc: ...s_a c.::i.....
-:::--_. ~- ____ __A __
. Exhibit A
to
Agreement between
City of Chula Vista
and
Rick Engineering Company
1. ='ffective Date of Agreemen::
:. City-Related =.ntity:
(X) City of Chu]a Vista, a murucipaI chanered corporation of the State of CaJjfornia
("City")
3. Place of Business for City:
City of Chula Vista.
276 Founh Avenue.
ChuJa Vista, CA 9J 9] 0
~. Consuh.am: Rick Engineering Company
5. Business F Otnl of Consultant:
( ) SoJe Proprietorsh.ip
( ) Pannership
(X) Corporation
6. Place of Business, Te]ephone and Fax Number of Consultant:
5620 Fria!'s Road
San Diego, CaJjfomia 921 lO-2596
Voice Phone (619) 291-0707
Fax Phone (619) 291-4165 .
7. Genera] Duties: Consultant wi]] take the lead role in preparation of and coordinate review of
Project Study Repons for two freeway interchanges (Telegraph Canyon Roadil-805 and East
cr.ange Avenue.l]-805) and a Project Report for The East Palomar.l]·805 freeway interchange. lf
directed, CODsultant 5ha]] additiona]]y prepare Contract documents (plans, Specifications and
Eslimates) for the TeJegrnph Canyon Roadl1·805 freeway interchange.
Rick A.cst Exhibit A
Janua.ry l6, ] 996 Paoe 1
8. S:op~ ofWo¡-:: ~'1d Sch~du1~:
A. D~:¿~j SC()P~ 0: Wo,I::
TELEí,RAPH (" A.":YO'\ Rí) A.D
Tnis intercha."'1g~ project indudes ramp wid~ing, interse::tiDn widening, and traffic sign?!
mDdifications on the south sid~ ofTel~graph CanYDn Road. It represents the finaJ phase of a three
phas~ project at th~ interchang~. Th~ first phas~ improvem~!5 invoJved a modification of th~
median chann~¡¡zation for westbound through mDvements Dn T degraph Canyon Road. Tne secDnd
phase improvements invD]ved the installation Df duaJ right turn lanes, in additiDn tD twD westbound
thrDugh lanes, 17Dm westbolmd TeJegraph Canyon Road tD the nDrthbDund Dn-ramp.
Tn~ Phase 3 p,Dject is expe:ted to invDlve a 'widening Df TeJegraph Canyon RDad tD provide a
secDnd eastbDund thrDugh lan~ under the bridge structure. It may aJso incJude the cJDsure Df th~
median break Dn T eJegraph CanYDn Road at the adjacent intersectiDn at HaJecrest Street and the
installatiDn Dfa new traffic signal Dn Telegraph Canyon Road at an existingIIÙd-block median break
betv.'een HaleCT"'->t and Crest Streets. Although these improvements are outside of the CaJtrans right
of way, it is expected that the need fDr this pot~tiaJ imprDvement will be addressed in the traffic
sectiDn of the combined Project Study RepDnlProject Report (pSRlPR) dDcument due tD its
prDximity tD the interchange.
C(",-sultant ",ill send mDnthJy Project DevelDpment Team (PDT) meetings and separate technicaJ
tDpic meetings 2S necessary. The cDnsultant shaJJ nDtify City s-.añ Df the ptL-pDSe, date and time of
any technicaJ topic meetin;. that are scheduled with outside agencies. The PDT meetings will be
combined meetings addressing all three interchanges at the sam~ mDnth]y meeting. The cDnsultant
",ill attend up tD three community meetings tD assist the City in providing project updates and
ahematives tD the public.
Ph2se 1 (preliminarj' Geometrics and Cost Estimate)
Tn~ initial wDrk task fDr the cDnsultant invD1ves an assessment Dfthe need tD prepare a cDmbin~d
PSRlPR fDr the interchange (phase 2). This ",ill be accDmplished by pr~paring prelimina.-y
geDmetrics and 2. pre1ÍInÏna!)' cost estimate fDr th~ improvements. If review Dfthe prelimina.)' CDst
esrimate estabJ.is.".¡es that it exceeds the $1 IIÙllion threshold for pennit work established by CaltranS,
the consultant shall proceed with the preparatiDn of a combined PSRlPR. If the work to be -
accomplished is either estimated to cost less than $1 million or can be IDgical]y divided intD
individual phases which dD nDt exceed $1 million, the consultant shall proceed with the preparation
ofPS&E docum~ts (phase 3). The folJowing is a breakdown of work tasks for this Phase:
A. Compile and evaJuate daily and p-..ak hour intersection traffic data to assist in the
determination of preliminary geDmetrics.
Rick_A.cst Exhibit A
Januar)' 16, 1996 Page 2
~
;:<::;-
-------------...- -..-..-.
::>. Revje'''' Z-"1~ e\'aJua¡e a',ailab1e acciden: daèiJ from (i:y z-"1d Ca]tram s~:.¡rces.
r Peno:::-. ::--2:.::]: :.:....-:2.1~::;i.s of ah~:Tõatj\'e è~s;;;-; :onc~;:::~ 2..S fonov,'s:
1. R~¡aining eX~51ing m:djaJ"J br:aJ.: 21 Ha]e:crest.
2. :=èliminating the median break aè HaJecrest and providing a new t'añi c
signa] mid-bìock between Hale::rest and Crest Streets.
3. :=è1iminating the median break at Hale::r::st without a new mid-block signa] Jocation.
4. =:Jiminating the median break at Ha]ecrest, bui retaining a signa] to provide a phase
alJowing trafiic out ofHaJecrest (right only).
D. Compile levels of service using CaJtrans IL V method and HCM procedures for al] design
options, including ramp intersections and adjacent Joca] street intersections. T ramc signaJ
interconnect and queuing wjJI be analyzed using computer simuJation models for aU design
altema~s.
E. Prepare up to three preliminary geometric alternatives that provide for L-affic capacity needs
identifid. These a]¡ernatives include evaluation of Jane and shouJder v.idths. as weJ] as
potential median closures andlor signal modifications, as appropriate.
r. Eval~ retaining wal] options for the added eastbound Jane beneath the freeway and ramp
bridges.
G. Prepare preJiminaI)' cost estimates for the a]¡ematives. Evaluate possibJe design exceptions
that couid save costs v.ithout decreasing safety. Cost estimates wi]J differentiate items of
work that are within CaJtrans right-of-way versus City right-of-way.
H. Obtain concurrence from City and Caltrans on geometrics and cost estimates.
Ph:m 2 (Combined PSRlPR Document) .
Reviev.· existing traffic data and forecasts provided by City and incorporate into project -
A.
documents along with any required decision-related traffic analyses as appropriate. This
shall include an assessment of the need for the closure of the median break on TeJegraph
Canyon Road at the adjacent intersection at Halecrest Street and the installation of a new
traffic signal on TeJeg¡-aph Canyon Road at an existing mid-block median break b::tween
HaJecrest and Crest StTeets.
B. Develop ai1d analyze several alternative geometric plans for modification of the interchange.
Rjck A.cst Exhibit A
Ja.."1ua.-y ] 6. 1995 Page 3
~
/"';
d(£)
-
Base mapping sha]] ~: provided by the Ci;y. The ¡Jl2.."Js sha!. ..: p;-~paT~d to m~~i C'.1;'7tDÎ
CaJuam requiremen:.s for PSRJPR Pu.\'poses. Analysis Df1he design ahe:natives sha]] irdude
the fob.,,;ing:
1. .". fuII s~t of pr~J1mina.7)' ~ngm~:ring P;2..-;S incluòi:-.g p;a..-.:, píO::~~:;. 2n::
supere]evations as required jy Caltrans for ÜJe PSRJPR do:u."7lent.
.., 'Lip to two (2) alternative designs, pJus a pref=ed pJan, wiJ] be studied.
3. AIl design alternatives shaH conform to Cal1Ta."Js design s-.andards. Anaiysis of
alternative designs that do not conform to Cal!Tans design standards shall be
5'.Jpported by appropriate justification including ITZ.."Ïic capacity, safety, cost, right of
way, and environmental ana]yses; to show tha: the lesser sta.:Jdard best satisfies the
concerns of the situation.
4. :~dditiona] right of way requirements, if necessary, shaH be shown for each design
alternative. The appropriate information shalJ be incorporated into a Right of Way
Data Sheet.
5. Construction staging plans, as applicabJe, shaIJ be sho\\11 for each design alternative.
6. Traffic management plans, if necessary, shaIJ be shov.1J for each design altemati\·e.
7. A design exc~tions report (fact sheet) shaIJ be prepared that describes needed
exc~tions and documents the reasons for the exceptions. Additional exrubjts, cost
estimates, anaJysis, and drawings that may be requested by Caluans to be in:Juded
v.ith this report shall be done on an as needed basis and shaIJ be paid for as extra
work.
8. .!" àetaiJed cost estimate and cost anaJysis for each design alternative shaH be
prepared. Consultant shaIJ use the Caltrans fo=a; for providing a swnmary of the
preliminary project cost estimate.
C. An Advanced Planning Study shalJ be pr~ared, as needed, for any non-standard retaining
'walJ systems. Preliminary cost estimates for the structu.-aJ work shalJ be prepared as input
to the overall cost estimate for each design alternative. -
D. The consultant shal1 pr~are all environmental studies that are m:cessar)' is input to
compJ:-iDg an Environmental Document for the project. It is anticipated that these technicaJ
studies v.iIJ include traffic, geology, hazardous materials (lSA), noise, air quality screening.
and visuaJ for the walls. The environmental analysis of the design alternatives shall include
the foJ]o\\ing:
Ri:k A.cst Exhibit A
Ja.tm2ry ] 6, ] 996 Page 4
~
¿27 - ._._~.~.._-- .
J. T ;;¡,ffic - Ths technicaJ study wj]] identif)' imÿaels at openi;jg 2Tj;j design yea~s due
1J forecast voJu:nes. Forecast voìu:nes wi]] be evaluated us:;j2 both CaÌl~ar:s JL V
;:;""J:~dures 2..í~ BC]\1 op~ratiJ~s proceàu:-~~. R ......,....~... t- ::-,.... ;""''r".1
,-amp ,.._._. or .2J.I... 5,.t=HGJ
::-- :~:-conn~:: s::Jdies \.I.-i]] b~ condu:l~d 10 iàen:::=:,.. 5p~:ia] S]fr:z:.: phasing OT qu~ujng
i:npacts. Adjacent impacted city street intersee¡ions wi]] also be incJuded in the
a;,al)'sis. Constru~tion impacts wj]] also bc adåressed and any required traffic contro]
identified.
2. Geotechnica] - This technical study will inCÍude review of avaiJabJe, pertinent
geologic and geotechnical Jiterature including previous repoT'.s, as-built project pJan.>
and specifications, geoJogic maps, and existing steroscopie aerial photographs;
performance of a geologic and geotechr,ica] site reconnaissance; compiJation and
analysis of the data obtained from our review and reconnaissance; and preparation
of a wrinen report presenting the results of the study for indusion in the combined
PSR/PR.
3. Hazardous Waste lnitia] Site Assessment (ISA) - This technical study will indude
a review of currrnt lists from the following agrncies: U.S. En\ÍTonmentaJ Protection
Agrncy (EPA); State ofCalifomia Departmrnt of Health Sc::T\'ices (CDHS); State of
California RegionaJ Water QuaJity ControJ Board (CRWQCB); San Diego
Department of Environmental Health Services (EHS); and California Integrated
\'.'aste Management Board (CrWMB). Lists v.ill be reviewed for the presence of
know hazardous substance sites v.~thin 1,000 feet of the into-change site; review of
readiJy-avaiJable regulatory agency records (assmnes a maximum of six addresses)
to locate sites where potentially hazardous materials have been used or stored.
locations oflandfills, and locations which utilize underground storage tanks; re\'iew
of historical a..-rial photographs, induding one photograph from each decáde
beginning v.ith 1928, if avaiJable; review of avaiJable maps and reports pertaining
10 the subject site; performance of a site reconnaissance to Jocate possibJe areas of
contaminated surficial soil Dr surface water, improperJy stored hazardous materials.
possible sources of polychJorinated biphenyls (PCBs), and potential risks of
contamination from activities at the site and adjacent prop::nies; contact the San
Diego County D::partmrnt of Environmental Health Services, Underground Storage
Tznk (UST) Division, and the San Diego Fire Depamnrnt UST unit for site
information; and prepare a Hazardous Waste lnitia] Site Assessment (ISA) repon -
documenting our fmdings and providing recommendations regarding potentia]
=nvironmental impacts at the intm:hange.
4. ~oise - Consul tart will prepare an acoustical study evaluating the potential noise
i:npat:ts associated with the proposed interchange improvements and up to two
clternative designs, as well as the widening of Telegraph Canyon Road. The
a::ousticaJ study will be prepared in accordance with the Federal Highway
Rick A.cst Exhibit A
JanuE..)· 16, 1995 Page 5
~
~) (
A.':ministratj, and CaJifornia D~paJ1mem ofTransp ''3:jo;- 's Noise Abal~m~nt
C:ileria as wd¡ as th~ CiT)" ofChu1a Visw's Nois~ Elemt... guiddines. Tne FHWA
2..i: CAi TR.t...\;S nojs~ guiddiœs require that t.i~ noise study identify noé s~n5iti\'e
:~:e-?tors ir. L"o.¡~ a.-~2, quantify exjs:i:1g nojs~ J~·.'~}s, proj~cl f..:::.:.;-t noist k.."tJs 2..jd
::)::1pare fu't'..l:t noise k\'e]s ~rjth Ih~ applicabie :1~1St abate;jj::1~ :riH:ria. .t..IJ ini:ia]
sit~ visit will be made to idemify existing noise sensitjv~ receivers localed adjacent
to the project site. An existing :!4-hour noise m::asurement ",ij] be conducled alone
10cation along Intcrstate 805. Up to approximat:]y 5 shOI1-1erm noise measurem~nts
..iJJ also be conducted along the site to estabEsh the ambient noise leve1. The exact
10::ation of the measurement sites wjJJ depend on the project design plans. Th~ noise
¡;¡easurements will be conducted using AN"DI Type 1 and Type 2 calibraled
integrating sound leve] meters. Using the proposed geometrics for the alignments
2..id future traffic volumes and speeds, the post-project noise leve]s ",i]] be
determined using Caltrans SOUND32 computer noise prediction mode1. Potentia]
noise impacts wi]] be evaluated on the basis of compliance with FHWA,
CA.L TRANS and City of Chula Vista noise criteria. Mitigation measures wi]] be
determined, as necessary. Shon-term construction noise impacts wi]] also be
addressed. The resuIts of the assessment wjJJ be presented in a technicaJ study.
5. Air Quality - The air quaEty micro-screening ana]ysis v.i]] be completed for the
project based on traffic data for each aIternative. Project inclusion in the RegionaJ
Mobility Plan, the Congestion Management Plan and the Regional Transponation
improvement Plan v.i]] be determined. Technica] guidance will be based upon the
CaItrans Air Quality Technical Analysis Notes (AQT AN, ] 988). Using existing
documentation, summarize recent air quality trends and existing meteoroJogic and
air quality conditions in the area. App]icabJe goa]s, poEci::s, and anainment
programs of state and local agencies including the San Diego Air PoJJution Control
District's (SDAPCD's) 1991 Regional Air Quality Strategies and 1994 Ozone
.!..nainment Plan wiJJ be discussed. Any sensitive air poJJution receptors wi]] be
identified. Project construction and operational emissions of criteria air polJUlants
..;11 be estimated using EP A emission factors and project traiD: data. Estimates ",il1
be made for existing, future base-case, and project-case roadside emissions of CO on
t.~ose road segments or intersections affected substantiaJJy by project traffic, if any.
This analysis will utilize one prototype roadway impact.
6. Visual QualitylLandform Alteration - ConsuItant win identify potential sensitive,
visual receptors and will work with the City of ChuIa Vista and CaJtrans staff to
identify up to two view locations for preparation of conceptual visual simulations.
The existing views of the interchange wil1 be depicted in photographs and described
a:1d then compared with the antkipated future .iews after project implementation.
impacts on sensitive visual receptors and the antidpated change in the landform due
to the proposed project will be evaluated. Mitigation programs incorpDrating
Kick A.cst Exhibit A
Ja:11laIY 16, 1996 Page 6
-
l~1 ____.____n
Jandscaping 2.."1d sp~cjal concr~l~ tr~atm~ms .,,:i)) be descrjb~: 2.."1d sho\>,T; in vjsua)
s:;;¡u]ations. if n~cessary. Th~ visual quaJj¡y study wj)) b~ sign:d by 2. r::gisl:r:d
.. . .
~2.... ::1s:ap~ 2:::1J!~cl.
7. Consultam's ~nvjronm~ntaJ t~am m~mb~r5 sha]) meet wé CiTy and C2.;lra!15
~n\"Íronm~nt.aJ staffassjgn~d to th~ projectto.;jjscuss a refrn~d work ¡Jrogra:y, far th~
int:rchange project. Consu]tant sha]) prepar~ an environmentaJ checklist based on
thes~ initial meetings and a review of the project alternatives.
8. Consultant shalJ determine the leve] of environmental cJearan::e required. ¡ is
anti::ipated that a Categorical Ex=ptionlCat~gorical Exclusion ;vilJ be sU,¡'f¡cient for
L1~ PSRlPR do::uments. The consu]tant shalJ evaluate th~ need for a N~gati\'~
DeclarationlFinàing of No Significarl! Impact (Neg.DEC./FONSJ) for th~ T eJegraph
Canyon interchange.
9. Consultant shaH prepare NOP and NOI for issuance by City of Chula Vista.
]0. ConsuJtant shalJ prepare the Drañ Environmental Documem (DED). Consu]tant may
b~ required to anend a pubJic hearing to present the results of the Draft PSRIpR and
DED. ConsuJtant sha ] provide a Fina] Document incorporating respons~s to alJ
v.Tinen and \'erbal comments recei\'~d during th~ DED review period.
E. The consu]tant sha ] prepare an Administrative Draft PSRIpR for subminal to th~ City for
review. Añer receipt of commems, a Drañ PSRlPR shaH be prepared for review by Caltrans
and FHWA. Consultant shalJ prepare a Fina1 PSRlPR. incorporating alJ comments received
on th~ Draft PSRlPR. Consultant sha ] provide J 5 bound copj~s and an unbound
reproducib1e of each of the reports.
Ph¡¡se 3 (PS&E Documents)
Co::suhant sha]] prepare Plans, Specifications and Estimates (PS&E) for th~ construction of th~
im;JTovements for th~ J-805rr eJegraph Canyon Road interchange as identified in Phase I. AlJ d~sign
dO::L-n~nts sha]] conform to Caltrans metrication design requirements. Th~ CiTy sha]) pro\"Íd~
Consuhant 'wiÙJ all necessary bas~'mapping for the preparation of PS&E documents. Consultant
sha ] prepare al1 necessary documents including the following: (
A. A ful] set ofPS&E documents shall be prepared for the roadway, drainage, utility, traffic
signal, 2..'1d other improvements. This shal] incJude, bU1 not be limited to, a title sheet, project
Jayout, plans, profiks, cross-sections, and superelevations as required by Caltrans,
Docume¡¡ts to be submined for review 30%,75%,90% and 100% levels of completion.
B. Preparation of Materials Report (project Design Report) in accordance with Caltrans
Rick_A.cst Exhibit A
k"1uary 16, ] 995 Page 7
-
/0
...../
..
require~e;¡!S and a fD1.J..'"1dation repan for Ibe retaining waJ] presenting findings, coneJusi,ms
and ree:::-,--nendations regarding Ibe proposed roadway improvemen:s. The repc¡~s V,'i]]
incJu::i< - -- o'TÞ-' P--:n"s òo:ziJÞd òÞs--::¡'ic¡ns for .",< -u"'-lL~a-Þ Þy-'c¡-a'ion ). :,--a'C¡-
. . ~...:= 1 .....::>. ~""'H:-, _ _ .... _",.' ...._.::> _:::> ............ ".-,J.. L .,,¿ ..)¡ , .;
l~S1in;. s:::~ ::ondjlio~5.. grounòwat~T conditions, and £~~jogj: conåitjo:;s tncountered 2: th~
site. Tn: reports v.ill also inc1uòe evaluation and recoIT..-nendation coneeming emba.'lÌ~-nen:
construe:ian, embankment foundation pr=paration, re:aining '.'al1 foundation òesign,
liquefa:tion potential, corrosion, faulting and seismicity, pavement section design.
grounòwateT control, ::arthwork, and olber speciaJ constrU:tÎon considerations. Performa.'"1ce
of subs:.:rface evaJuatÎon wil1 include the excavation, logging and sampling of four
exploratD:}' borings ",i1Ì¡ deplbs ranging Ïrom 20 to 50 feet. A CaJtrans encroachment penni¡
",ill be required for this work. It is assumed that there ",il1 be no fees incurred by consuhant
in obtai:-i:¡g this permit.
C. Design S'.l.-veys will b: conducted to supplement the provided metric mapping v.ith accurate
paving elevations adjac~t to areas to be wid~ed. A Caltrans encroachment permit v.il1 be
required for this work. It is assumed that there wiIJ be no fees incurred by the consuJtant in
obtaining this peIDljt.
D. PJans. specifications and estimates shall be prepared for tie-back retaining walls be]ow the
southbolrnd J-805 to eastbound Telegraph Canyon ramp bridge. Plans will be prepared on
CaJtrans Division of Structures fonnat sheets. along v.ilb the required structuraJ caJculations.
Anencla.-:ce at a type s::Jection meeting in Sacramento is not anticipated as it is like])' to be
waived.
E. Constru:tion staging plans, as applicable, shal1 be prepared.
F. Traffic rr;anagement plans, if necessary, shal1 be prepared.
G. Detailed specifications shal1 be prepared.
H. A detaiJed cost estimate and cost anaJysis shall be prepared. Consuhant shall use the
Caltram process and fonnat for providing a de:ailed engineers estimate.
OR.ð"NGE AVE1I.lJE Th'TERCH.ð"NGE
,
Tnis interchange project incJudes bridge widening or installation of a new paralleJ structure, ramp
v.idening, int=e:tÎon widening, and the installation of traffic signals.
Tne study apprc¡och for this interchange project invDJves the preparation of a combined PSRlPR.
Tne PSRlPR dDcument wi]] address the potential for impJem~ting a phased project which would
invo]ve the ~.zJlation oftrafiic signaJs and minor widening of the off-ramps prior to v.idening of
the overpass.
Rjck A.cst Exhibit A
Jama)' 16, J 995 Page 8
-
31
---.-----.-....--.....-,.,-...-
Calls:.¡hant ",in a::end monLl}]y Project DeveJopme;l1 Team (PDT) meetings a:¡d sepa:ate technicaJ
lOp;C meetings ë necessar)'. Tne consuhant sha]] natif)' City 5:2.:"'[ of the pU:j:>ase, date a;¡d liT':le of
z....-' 4.,.....~~ca1 ~..._;... mþ...·i:1~~ ~~2t ar'" s"h""du1"'''¡ 4J.:j~'" oU1sidÞ {;:...,.,....,...jPs Th.,. :>:JT rnÞ...Ùn.....o:: ...;;1 bL--
'. .-..... ; '-.-'- l __L j. ~_ ....1. ... ...J....' ...u ~.¡ . ... t:-..-.... _, ~ ........ ~_ v. ", ...
-. d . ddI - J]' '. th . J . T' .
C:::::-.:'::1~ m~~::::;s a esslDf z:. 1nr~e 1nt~rcna...T)ge:: a: e sa...-;;~ ::-¡::mtn y m~~:::Jg. he :'O~5:"¡1~n:
wi:: anend up ¡o three com.-nunit)' meelings to assist the Cit;, in proviòin,g project updates and
ahe::-¡ati\'es to :.'¡e public.
Tn: fo11owing:s a breakdov,1] of work w!:s for this interchange:
A. Compile and evaJuate daily and peak hour intersection traffic data to assist in the
determEalion of preliminar)' geometrics.
B Review 2..'1d evaluate availabJe accident data from City and Cahrans sources.
C. Perform t:affic anaJ)'sis of ahernative design concepts.
D. Compute Je\'e]s of service using CaJtrans IL V method and HCM procedures for a11 design
options.. including ramp intersections and adjacent Jocalstreet intersections. Traffic signal
interconnect and queuing v.ilJ be anaJyzed using computer simuJation methods for aJ] design
alternates.
E. Prepare up to Wee prelirninaT)' geometric alternatives that provide for ¡¡-¡¡fijc capacity needs
identified under weshoJd scenarios. These ahernatives would address implementation of
a phased project.
F. Evaluate bridge strucrure alternatives consisting of widening or a new para11e] strucrure. If
widening is considered, evaluation of the existing strucrure will be made to determine if it
meets a7,)TOpriate seismic criteria. If there is a need for a retrofit, as determined by this
Advanceò Planning Study, consultant will work on behaJf of City to determine the scope.
cost and funding responsibility for this work.
G. Prepare p:eìiminary C051 estimates for the aJternatives. E\"aJuate possib]e design exceptions
that cowd save costs without decreasing safety.
H. Obtain c:onCUITence from City and CaJtraI'.s on geometrics and cost estimates. -
I. Prepare PSRlPR and Environmental work with the same scope ofwork as that for TeJegraph
Canyon Road - Phase 2, with the follov,ing exceptions:
1. Tne Advanced Planning Studies will be for bridge aJternatives, rather than retaining
waJI systems.
Rick A.cst Exhibit A
Ja.'1U2.-V ] 6 1996 Page 9
. ,
-
'l-'ì
~
-/.,
2. ]: is not anticipated tha! any exce;J:Ï!:ms fron; s:rdaJ'ds wj ] be needed
B. D2.:~ :0; Coml7J=:¡:~rn::nl of Consuj:2:-,: S~r\,j:=s:
(X) Same "-S Effecti"e Date of Agreement
( ) Other:
C. Da,es or Time Limits for De]j"ery ofDe]i"erabJes:
Deliverable )1;0. 1: Geometrics and Cost Estimate for Telegraph Canyon Road.
Deliverable]';o. 2: Project Study ReportlProject Report (pSRJPR) for Telegraph
Canyon Road.
DeliverabJe No.3: Plans, Specifications and Estimates (PS&E) for Telegraph
Canyon Road.
DeliverabJe ]';0.4: Access Approval Report (At..R)for Eas! Palomar Suee!.
Deliverable ]1;0. 5: Project Stuòy Report (PSR)for East Palomar Sue::!.
DeliverabJe ]';0.6: Project Stuòy ReportlProject Report (PSR'PR) for East Orange
A venti::.
D. Da,e for compJeÜon of all Consultant se¡"\'ices:
januaJ·Y 73. 1997
9. bsurance Re:Juirements:
(X) StatutoT)' Worker's Compensation Insurance
(X) ='mployer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000. ,
( ) ::""Tors and Omissions insurance: None Required (included in Commercial Genera]
Liability coverage).
(X) =.rrors and Omissions Insurance: $250,000 (not included in Commercial General
Liability cove;-age).
10. Materials R::quircd to ~ Supplied by City to Consultant:
1. Mali: Line, Interchange and arteria] uaffic Projections
Rick A.cst Exhibit A
JEo"1ua..'"}· 16, 19?6 Page 10
-
,2 -;
r
.../ ..¿'
2. Dj,Çi:a] Fonnat bas~ mapping topographic data
~ :. Comr~r;5?:::':--;:
t..... (, :::;-~ì", ~;)'.c>"': ":"ÞÞ '¿"-2..,¡jnpIDDnl
_. ) _u.:._ ~ ~ ._u . ...... . .... ~... _ .
For p:::1o::Tlance ofal] ofth~ Defined Se;-vices by Consuham as herein required, Cily sha]]
pa:: 2. singJe fixe~ Ú:e in the amounts and al the rimes or miJestones or for the Deìiv::rabJ::s s::t fonh
b~l::)V;:
Single ?;xed Fee Amounl: . payabJe as fo]]ows:
),/:;::,10n:: ('IT ::\'::n, 0T D::Ji\'::rar,]e Am0unl 0T PeTc::nl 0fFixed Fee
B. ex) Phased Fixed Fee Arrangement.
For the perfonnance of each phase or portion of the Defined Services by ConsuJtam as are
s:paralely identified beJow, City shalJ pay the fixed fee associated v.ith each phase of Services. in
the amounts and al the times or miJestones or DeliverabJes set forth. COnsuJtanl shall not commence
Se;"\;ces undO' any Phase. and shalJ nOl be entided to the compensalion for a Phase. unJess CilY sha]]
ha\'e issued a nolÌce to proceed to Consultant as to said Phase.
Phase Phase Fee for Said I
No. Phase
1 Geometrics and Cost Estimate for Telegraph Canyon Road. $20.150
2 Project Study Reporv'Project Report(pSRJPR)for TeJegraph Cw"1yon $92.960
Road.
3 FlaIls. Specifications and Estimates (PS&E) for TeJegraph Canyon $]38.750
Road.
4 Access Approval Report (AAR)for East Palomar Street. $50,400
,
5 Project Study Report (pSR)for East Palomar Street. $78.960
6 Project Study ReportlProject Report (pSRJPR) for wt Orange $104,720
A v=nue.
7 I Expenses $]7,J80
Rickjl..cst Exhibit A
Jw"1uw-y 16, 1995 Page I J
-
'7
/- ~
.../ ,
C ('1:: ~..-)\' Rat" t -an~"m"n!
. ;... "-'-.o' '" -...... ~- .....
For D~:-::J:-::13.J)c:; of1.h~ D:fined S:r\'ices b'" Consu :~J: 2.5 h:rein T:::':::.1Jrtd, Ci!y :;h~J) Dc'"
.. ., .. .o'
Consultant fo~ ::-:~ productiv~ hours oftim~ sp~nt by Consultant in the p~rform2..'1:~ of said S~;-,i:~s,
at th~ rates or 2.."TIounts set fo:1h in th~ Rilte Schedule hereinb~jow according to the following terms
and conditions:
(J) () Not-to-Exceed Limitation on Time a¡Jd Materials Þ.rrangement
Notwithstanding the expenditure by Consultant of time and mat~als in
~xcess of saiô Maxi!11Um Compensation amolmt, Consultant agr~~s that Consultant
will perform alJ of the Defined Services h~r~in requir~d of Consultant for
S including a1l Materials, and other "reimbursab]es" ("Maximum
Compensation").
(2) ( ) Limitation without Further Authorization on Time and Mat~ria]s
Arrangement
At such time as Consultant shalJ have L'1curred tim~ and materials ~quaJ to
("Authorization Limit"), Consultant shalJ not be entitled to any
a.:iditional compensation v.;thout further authorization issued in "'TÍting and approved
by the City. Nothing h~rein shall preclude Consultant from providing additional
5e¡Yices at Consultant's 0"'11 cost and expense.
Rate Sch~du]e
CZ1~gOTY ofEmp]oyee Hourly
of Consultant Name Rat~
-
.
( ) Hourly rates may increase by 6% for services rendered a.,"'ter [month), 9 , if
deJa)' in providing services is caused by City.
Rickj\..cst Exhibit A
J2.."1ua.....y 6, 1995 Pa!:!e 12
~-
./) .--
JJ -- .-~-~_.._,..-
;"'1. Materia!s ?e::nbursernent AJ'Tangernen!
.
F tJ ~ "'.....-. f 1 f .....þ! Þ' þ "'þ '. "'\'_~,J h . r _,,~1.? .. th.... -.c._<--,., ~,...p,." -::ø- .;,...~._
or n. _..0. o. ou O. ?:>..L _>.p..ns..s JD..___" .) ~c..__._,. m . t-.,,":më.n._ CJ. .'0' ....~
he~~;~. require':, C;'Y snaJ! ?2)' CODsu]:anl al tbe ~a:es or a.¡n:>:;~.:é sei fO:1n be:"o::
() No;¡e, ilie compensation includes aJ] costs.
COSl o~ Rate
() Rep:>~~, not to exceed $
() Cop:es, no! to exceed $
() T ra"el, no! to exceed $
() Priming, not to exceed $
() Pos:zge, no! to exceed $
() Deìj"ery, not to exceed $
() Long Distance T eJephone Charges,
not to exceed $
() Oilier AC1UaJ Identifiab]e Direct C05ls:
] 3. Contract Administrators:
City: Bob Grandy, Smith A.nd Kempton
980 Nin:n Street, Suite ]560, Sacramento, CA 958]4
Consu!tz.-¡t: Kai Ramer, Rick Engineering Company
5620 ,Ii31's Road. San Diego, CA 921] 0-2596
]4. Liquidated Dzmages Rate:
( ) $_per day.
( ) OL1-¡e~:
15. Statement of Economic Interests, Consu]¡ant Reponing Categories. per Conflict of Interest
Cod::
(X) Not AppJicabJe. Not an FPPC Fib. ,
( ) FPPC Filer
( ) Catego:"y No.1. 1nvesunents and sources of income.
( ) Category No.2. Interests in real prop:=n:·.
Rick_A.cst Exhibit A
Ja."1ua;}' 16, 1996 Page 13
-
5& ,
(, CategD')' ND. 3. Investments. interest ic, re,,] property ¡md sources of i:"JcQrnt
. )
subjec: tD L'le reguJatDT)', pe;:;¡jt or ke::si;¡g authori:y of the depa:1r;- em
Cattf~:-:' No.4. 1 . .' . '. . .
n\'~st:-n::::s In DUS1:-~~£::' :ntJtl:S: 2....-..: sources OJ ¡:-j::Q::T;~
,"°hi:::h ::TIgag~ in la,¡ld à:v:Jop:7l:nt, cO~7.J:tion or th: a:::guisilion or Sé=.:t 0:
rea] property.
( ) Category No.5. Investmen15 in business entities and sDurces of inco;:]: of
the type which, within the p2.St two ye2:'S, have contracted with the City of
Chula Vista (Redevelopment Agency) tD provide services, supplies,
materials, machinery or equipment.
( , CategDry ND. 6. Inve51men15 in business entities and sDurces of incom: of
, )
the type which, within the past twD years, have contracted with the designated
employee's department tD provide services, supplies, materials, machinery Dr
equipment.
( ) Category ND. 7. Business pDsitiDns.
( ) List "CoI1suhant AssDciates" interests in Tea] propeny v.ithin 2 radia] miles of PrDject
Property. if any:
---------..
16. ( ) Consul!"-'-¡t is Rea] ESlate Broker and/or Salesman
17 P=ined SÒcDI1suhams:
1. Helix ~I1\'ironmenta]
2. UTban Systems AssDciates
3. NinYD and Moore
4. McDZ!Ù:1 Engineering ,
5. JM'WJ..A.C, Inc.
6. KT1.J&A Landscape Architects
18. BiJI Processi;¡g:
A. COI1S'.lhant's BiI1ing tD be submitted fDr the foJlov.ing period of time:
Rjck_A.cst Exhibit A
Ja..11='")' 16, 1996 Page 14
~
;J, '7
/1
..--.
(X ) Month]y
( ~I Q;Ja,..,~:,,"):,
( ) ü:h~1'":
B. Da:. 0; the Period for submission of CO:1suJtant's BiJJjng:
IX) First of the Month
( ) ] 5th Day of each Month
( ) End of the Month
( ) Other:
C. CiTY'S Accoun! Number:
19. SecuriTY fo~ Performance
( ) Performance Bond, $
( ) Lener of Credit, $
( ) Other Security:
Type:
.tünount: $
(X) Retention. If this space is checked. then notwithstanding other provisions 10 the
contrary requiring the payment of compensation to the Consu]:ant sooner. :he City
sha11 be entitled to retain, at their option, either the foI1ov,ing "Retention Percemage"
o~ "Retention Amount" until the City determines that the Retention Release Ew"1.
listed below, has occurred:
(X ) Retention Percentage: 10%
( ) Retention Amount: $
?,etention ReJease Event:
( ) Completion of AIJ Consul:ant Services
(X ) OÙJer:Satisfac1Ory Completion ofDeliverabJe
,
Rd: A.cst Exhibit A
Ja¡¡Ja-Y 16, 1996 Page 15
-
:>(
--
,...,
ATTACHMENT ---12_
RESOLUTION NG. í 8555
RESOLUTION OF ~ IHE CITY OF CHULA .
VISTA APPROVIN ~O THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND ~__.§miG}f
COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES
FOR THREE INTERCHANGES WITH INTERSTATE 805 þ,T
TELEGRAPH CANYON ROAD, ORANGE AVENUE AND
PALOMAR STREET AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, in January of 1996, Council approved an agreement with Rick Engineering
to prepare Preliminary Studies for Interchanges at 1-805 and Telegraph Canyon Road, Orange
Avenue and Palomar Street because such studies are required by Caltrans prior to
construction of major projects within Caltrans Right of Way; and
WHEREAS, Rick Engineering, along with Smith & Kempton and City staff, has been
working towards obtaining the necessary Caltrans approvals during the last year; and
WHEREAS, significant progress has been made towards obtaining Caltrans' approval,
but the process has taken longer than anticipated as a result of Caltrans additional
requirements and processing; and
WHEREAS, an extension of time and reallocation of compensation is being requested
to allow the work to continue; and
WHEREAS, the extension requested is commensurate to the time extension approved
by Council for the project managers of this project, Smith & Kempton.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the First Amendment to the agreement between the City of Chula Vista and
Rick Engineering Company for preliminary engineering design services for three interchanges
with Interstate 805 at Telegraph Canyon Road, Orange Avenue and Palomar Street, a copy
of which is on file in the office of the City Clerk as Document No. C097-005.
3E IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute said Amendment for and on behalf of the City of Chula Vista.
S: IT FURTHER RESOLVED that the total cost of the agreement shall not exceed
$503,120 without further approval of the City Council.
Presented by Approved as to form by
i - ,
v
12;;'
.J í -.._.._0- _ __ .__._._,__,,_.~_______ _ _
ReSD U:I:'~ j 3555
Page 2
:O~,SS"D, ,l..:O:O~JV::D, an;) ,l.DOP,,,) by th5 :::y Counc,: ~: :he City ~' :,..,ula V:S:ë,
Californ:<ò. this 21st day of January, 1997, by the foliowing vots:
,l.Y"S: Councilmembers: Moot, Padilia, Rindons, Salas, and CiD!10n
t~,t.,Y=S: Councilmembers: None
¡!.,=S=:NT: C:ouncilmembers: None
,!.,3Sï AIN: ::Juncilmembers: None
~~~, Mayor
ATTEST:
Ylud Û a~
Beverly Af Authelet, City Clerk
STATE Of' CALIFORNIA )
COUNTY OF SAN DI"GO )
CITY OF CHULA VISTA )
I, Beverly A. Authele:, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18555 was duly passed, approved, and adopted by the City
Council a: a regular meeting of the Chula Vista City Council held on the 21 st day of January,
1997.
Executed this 21st day of January, 1997.
Y¿ÅPJf ¡J 2-dlJlj_
Beverly Á. Authelet. City Clerk
-
¡ I ()
! /
'¡'-!
i
FIRST Þ_\1ENDMEKT TO AGREEMÐ"T BET\\'E2'
C:TY OF CJfu1..A VISTA A...~'D PJCK ENGD\EERlNG COMPi.SY
FOR PRELIMI!\ARY ENGINt.EPJNG DESIGN SERVICES
FOR THREE INTERCHANGES WITH 1-805
AT TELEGRAPH CA'NrON ROAD, OR..A....l\IGE A VENUE AND PALOMAR STREET
THIS FIRST AMENDMENT TO 1BE AGREEMENT FOR PRELIMINARY
DESIGN SERVICES APPROVED BY RESOLUTION 18193 (AMENDMDiT) is entered
mto as of Ja:JUa.ry 21,1997, by and between the City of Chula (CITY) a municipal chanered
corporation of the State of California, and Rick Engineering Company (CONSULT M'T),
whose place of business and teJephone numbers are set forth on Exhibit A , Paragraph 6.
RICITALS:
'WHEREAS, the City of Chula Vista has approved an agreement with Rick Engineering
Company dated January 23,1996 and approved by Resolution 18193 (Agreement); and
Vv1ffiREAS, that agreement requires the CONSULTANT to complete the work under the
contract by January 23,1997; and
'WHEREAS, CONSULTANT has been deJayed by the process required by CalTrans; and
'WHEREAS, CONSULTAl\IT has had to do additional work not anticipated in the
Agreement; and
WHEREAS, CONSULT A1\! will not be required to prepare Project Study Report/Project
Report (PSR 'PR) for the T e1egraph Canyon Road interchange; and
WHEREAS, CITY requires the completion of the contract in order to complete needed
improvements to the interchanges at Telegraph Canyon Road ,Orange A venue and Palomar
Street to provide necessary infrastructure to meet future threshold standards; and
w'HEREAS, both CITY and CONSULTANT desire to amend the Agreement approved by
Resolution 18193 to delete the PSR/PR for Telegraph Canyon Road and revise the scope of
work to include additional items required by CalTrans.
NOW, THEREFORE, Exhibit A of the Agreement is hereby amended to read as follows:
A. Amend 7, General Duties: to read as follows:
Rick Enginee:ing Exhibit .Å
i/9!97 Page I
4/ - ..........-
LC?97-?'~~
_..--_._---._.._._,-_.¿._~,,_.__..,._.,--
Corsultant wil] tab the Jead role in prepa;-ation 0: ,,-,: ~oordinate a;Jprovallreview
of: an Encroachment Permit for work to De a~compj:5;-¡e: at T eleg;-a;JÌ: Canyon Road
, Project Study Repons for East Orange Avenue'! 180: interchange, a Project Study
Report for Orange A venue, and an Access Approva: Report for the interchange with
1-805 at Palomar Street.
3. /unend 8A, Detailed Scope of Work as foJJows:
Telegraph Canyon Road
Phzse 2 (Obtain .4:n Encroachment Permit)
Item B
1. Delete the sentence "The plans shall be prepared to meet current
CaJTrans requirements for PSR/PR purposes~.
2. Replace B 1 with the foJJowing: Provide any necessary plans as
required by CaJTrans to obtain an Encroachment Permit
, Delete E entirely.
.0.
Orange A venue Interchange
Under breakdown of work tasks for this interchange:
1. Revise "I~ to read, Prepare PSR/PR and Environmental work with the
same scope of work as that for Telegraph Canyon Road- Phase 2 as indicated in the
originaJ Agreement (without changes included in this amendment), with the
foJJov,>ing exceptions:
C. Amend 8 C, Dates or Time Limits For Delivery ofDeliverables as foJJows:
1. To read as follows: Deliverable No.2: Obtain an Encroachment Permit from
CaJTrans for TeJegraph Canyon Road.
D. Amend 8 D, Date for Completion ofaJl Consultant services as foJJows:
1. February 23,1998 unless extended in writing by the City Engineer prior to
that date but in no case later than July 23,1998.
Rick Engineering Exhibit A
1.'9/97 j;L Page 2
- .fu7~:::-,: } ~:3 Fixtè ? te Arrang;:ment as Íollo~rs.
-
-,
l. Revise the Table as fonows:
. P' N I Phase Fee for Said Phase
. . nase. o. ,
,
I
!
") ¡ Obtain an Encroachment Permit for Telegraph S74,080.00
-
: Canyon Road
, I
i " No Change $157,630.00
"
r. Except as modified herein, all other provisions of the Agreement approved by
Resolution 18193 on January 23,1996, shall remain in full force and effect.
End of Amendment
Signature Page Follows
-
Rick Engin::e:ing Exhibit A
ii0/97 ;/3 Page 3
(
-- - ----.- ~~.~_..,-
Signature Page
for the First Amendment to
Ag;-~ment between City of Chula Vis+.a and Rick Engineering Company
for Preliminary Engineering Design Services
For Three Interchanges With 1-805
At T eJegraph Canyon Road, Orange A venue And Palomar Street
IJ\ "1mESS WHEREOF, CITY and CONSULTA..'I\T have executed this First
A.mendmen: thereby indicating that they have read and understood same, and indicate
their full and compJete consent to its terms:
Dated: J /d. / ,1997 City of Chula Vista
I By: ..dfLU'fIf~
Shirley rton, Mayor
~
tJ Ûf'£J1ÇJ
BeverJy ~utÍJ.eIet, City Clerk
Approved 25 to form:
ey
Rick Enginee7y ,
By: ,'..... E
Kai Ramer, Associate
'::\HOME\ENGIS~R\ADMIN\CONTRACTlAGRMTRIK,W AU
Rick Enginee:ing Exhibit A-
119/97 , Page 4
1:1
.
-- .;::::,",.- - :: " , ,.
.
.v ¡ - '../- 1',._ C -, , -¿---
-~ "- -' I -,_, "- ~ ,
,
(
" L;CHMENT __ -..../
C ?=S:;:_":7~Qhll.i:. ~ ;570
R~SO!.UTION OF TH~ CITY COUNCIL. OF THE CiTY OF CHUU..
VISTA APPROVING TH~ TO TH=
AGREEMENT BEïWEEN TH:: CITY OF CHULAVISTA ANDfi~~
~~OR PRE!...IMINARY ENGINEERING
DESIGN SERVICES 'DR THRE~ INTERCHAt~G~S WITH
INT:::RSTATE 805 AT TEL:::GRAPH CANYON ROAD, ORANG:::
AV~NU~ AND PALOMAR STREET, WAIVING TH::: S~LECTION
PROC:::SS, AND AUTHORiZING TH~ rl.A YOR TO :::>:~CUE SAID
AGR::::::fvENT ON BEHALF OF THE CiTY AND APPROPRIATING
$150,000 OrïRANSPORT ATION DEV~LOPMENT IMPACT FEES
TO PROJECT STM-327/1-B05 INTERCHANGE
WHEREAS, in January of 1996, Council approved an agreement with Rick Engineering
to prepare Preliminary Studies for interchanges at 1-805 and Telegraph Canyon Road, Orange
Avenue and Palomar Street because such stuòies are requireò by Caltrans prior to
cDnstru::;:ion of major projects within Caltrans Right of Way; and
W;-EREAS, Rick Engineering, along with Smith & Kempton anò City staff, has been
wDrkin2 towards obtaining the necessary Caltrans apprDvals during the last year and
significant progress has been made towards obtaining Caltrans' apprDvals; and
WHEREAS, Caltrans has identified adòitiDnal modifications to the Telegraph Canyon
RDad in:erchange, based on a recently updateò traffic forecast report. which require additional
wDrk related to the preparation of final design plans; and
V'/~=R=AS, the Second Amendment addresses the compe¡;satÎon adjustmenl required
for this additional work.
row, THEREFOiiE, BE IT iiESOL VED that the City CDuncil of the City of Chula Vista
hereby waives the consultant selection process Df Municipal Code Section 2.56.070 because
of the substantial design work alreaòy performeò by Rick Engineering on the project which
makes the selection impractical and potentially òetrimental tD the project in light of the need
for cDordinateò design drawings.
5E iT FURTH:::R RESOLVED that the City Council of the City of Chula Vista does
hereby aoprove the Second Amendment to the agreement between the City of Chula Vista
and Rick :::ngineering Company for preliminary engineering design services fDr three
interchanges with Interstate 805 at Telegraph Canyon Road, Orange Avenue and Palomar
Street, a copy of which is on file in the office of the Cicy Clerk as Document No. C097-052.
5:: iT FURTHER RESOLVED that the Mayor is hereby authorizeò to execute said
agreement on behalf of the City.
3:: IT FURTHEii R:::SOLV:;O that the sum of $150,000 is hereby appropriated from
Transpo::ation Develooment Impact Fees 10 Project STM-327/1-805 Interchange.
4/
'J
·
::;esoJu:i:;- . £5ìO
?age 2
?resente: :;v Approved as to form by
ft tÝ J-~ rk ~~ 1/
d----.___ I 7/--'.....,~ ~
j o){Í1 ? ,-'=;¡i:;: , I I jO~. Kaheny / ~
?Œblic Wcc,:£ Jirector py A:;:orney
-
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... 1ß
. . ~;S"s:duliQn ì 257:
?ògE: ::
?t..SSED, t-.???O\!=~. s:J:: t..:;::;:;~=D by ::-:::: Ci¡y Co:.;:-ci: ~: "'lhe Ci~Y :.~ Chu;ô V!S:E;
CaJif:¡:"n;:e, this 20th day of h/i2Y, i 937, by the fCJlje>wing \'Ole:
.-".Y;::S: Counciimembers: rliíoot, ?adilla, Rindone, Salas, and ri::>non
f,AY;::S: Counciimembers: None
t.3SENT: Councilmembers: None
;'.35, AfN: Counciimembers: r~one
~~/-.Af'iZ;;;~
Sh' ey Horton, Mayor
ATI;::Sï:
~~.J (J rZ.J/'i£
Beverly AI. Authelet, City Clerk
5T A T:: 0;:: CAUmRNIA )
CDUt(7)' 0;:: SAN DI::GO ) ss.
CITY 0;:: CHULA VIS, A )
I, Beverly A. Authelet, CitY Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18670 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of May,
1997.
;::xecu:ed this 20th day of May, 1997.
~ C (}~Írk
3everly AI Authelet, City Clerk
~
___...__._..._ __ _~______H 47
· ..
S::::CO'ND /.!~uh1E)\T TO .I·.GREEME:<' 3::::riJ,'EEJ<
CF~' or CHli'Lf. ',lSTI-. AJ® RlCK ENGINE':::?J.NG COMP.L_"'-y'
:OOR PRELIMIN.<\RY ENGINEERING DESIGN SERVICES
FOR lHREE D'<"TERCHA..'I\1GES \VITH 1-805
.L...T TELEG?~L..pH CA...."N'YOJ\ RO,ill, ORA...'I\1GE AVENUE A'-iu P ALOM-\.tZ STREET
THIS S':::COND AJ"ENDMENT TO THE AGREEMTh"T FOR PRELTh1INARY
~:;::SIGN SER\lCES .t>J>PROVED BYRESOLlìTION 18193 (Alv1ENDMTh'"T) is entered
into as of May 20,1997, by and between the City of Chula (CITY) a municipal chartered
corporation of the State ofCalifomia, and Rick EngineeriDg Company (CONSULTANT),
WÌlose place ofDusiness and telephone numbers are set forth on Exhibit A , Paragraph 6.
RECITALS:
'WHEREAS, the City of Chula Vista has approved an agreement with Rick EngineeriDg
Company dated January 23,1996 and approved by Resolution 18193 (Agreement); and
V,THEREAS, that agreement requires the CONSULTANT to complete the work under the
contract by January 23,1997; and
'WHEREAS, CITY has received a request by CalTrans to prepare design plans for additional
improvements to the Telegraph Canyon Road interchange that were not included in the
Agreement; and
V;:E-IEREAS, j, would be more cost-dfective to complete ñnaI design pians for those
ariditional improvements and obtain Caltrans approval at this 1ime; and
v,'HEREA.S, CONSULTANT is therefore required to do additional work not anticipated in
the Agreement; and
WHEREAS, CITY requires the completion of the contract in order to complete needed
improvements to the interchanges at Telegraph Canyon Road ,Orange A venue and Palomar
St!eet to proviàe necessary infrastructure to meet future threshold standards; and
"WhEREAS, boID CITY and CONSULTANT desire to amend the Agreement approved by
Resolution 18193 to revise the scope of work to include adàitional items required by
CalTrans.
-
Rick Enginee:-'...:1g Exhibit I-.
5'9'97 !/l Page 1
éÚ77-¿;..5c2
~) ~ / .., .-,
. .
:'OW. THEP.EFORE, Ex.hibit A of the AgTeerneni is here:,y amended to reaé as follows:
... Am~d SA, Detaiìed Scope of Work as foHows:
TelegTaph Canyon Road
Phase 3 (plans Specifications and Estimates for Te1::graph Canyon Road)
Prepare PS&E documents for roadway, d.,-ainage, utility, traffic, and landscape for
the expanded project tasks beyond the original scope of work for Telegraph Canyon
Phases] through 3. Consultant shalJ prepare the necessary plans and documents tD
incluåe the fo11owing:
A. Prepare PS&E to be submitted for review at 30%, 75%, 90% and 100% Jevels
of completion for the folJowing project features as required by Caltrans and
shown on the approved geometric concept drawings and traffic analysis:
1. Realignment of the southbound off-=p to add a Number 4 main
lane off-=p option.
2. Realignment of the secondary southbound off-ramp to westbound
Telegraph Canyon Road.
, Widen the existing loop =p to two lanes and realign the loop ramp
".
to square it up with Telegraph Canyon Road. This work also includes
the modification of an existing traffic signal.
4. Widen the northbound off-ramp to three lanes.
Plans for these items include the necessary layout, profile, grading, drainage,
stage construction, signing, striping, landsca~ and irrigatioIl-
.t\.1so included are the necessary added design surveys, d.,-ainage study
analysis, specifications and engineer's cost estimates.
B. Added geotechnical borings will be done to cover the adåition of ramp
grading described above. These borings will be evaluated anå incorporated
into the overall project Geotechnical Design Report(GDR).
C. Added environmental analysis will be provided to include the additional
ramp work in the overall project environmental technical sroåies. These
include the following:
-
Rick Enginee:i.Ilg Exhibit A
5/9/97 1f1 Page 2
. .
1. Noist-Condu::t noist m=urements. moáeling and u:'sis for artz..s
adát:: to tht projtct iimi:s z..s desc;ibt:: aÍJovt.
2. Air Quality-Update pomons of the all- quality moáe] data bz..se to
reflect areas not includeá in the origina] alternatives.
,). Visual-Assess visual impacts of the revised project limits anò
incorporate the analysis into the overall project visual technical
report.
:¡ Amenò lIB Fixed Fee Arrangement as follows.
-'.
1. Revise the Table as follows: .
Phase No. Phase Fee for Said Phase
I 2 I Encroachment P=it for Telegraph Canyon Road $ 80,853.00
I ~ Plans Specfications and Estimates (PS&E) for $302,900.00
,)
I TeJegrapb Canyon Road
7 I Expenses $ 22,180.00
Tow Cost $648,390.00*
*Including cost for all phases
~ Except as modified herein, all other provisions of the Agreement approved by
Resolution 18193 on January 23,1996, shall remain in full force and effect.
End of Amendment
Signature Page Follows
~
Ri:k .t.ngine~:ing Exhibit A
5/9/97 ---- Page 3
!/O
. .
Signature Page
for the Second Amendment to
Agre=ent between City of Chula Vista and llick Engineering Comp2l1Y
for Preliminary Engineering Design Se:vices
For Three Interchanges With I-80S
.~_: Telegraph Canyon Road, Orange Avenue il..Dd Palomar Stree;
IN WITNESS 'WHEREOF, CITY and CONSULT M"T have executed this Second
Amendment th...-reby indicating that they have read and understood same, and indicate
'their full and complete consent to its t=:
Dated:/~ 11 ;¿ tl, 1997 City of Chula Vista
/
By: =~¡r)
Slrirley rton, Mayor
beverly Â.uthelet, City Clerk
i·.pproved as tc fo=:
rþ--
Dated: llick Engineering Company
BY:¿~ "
Kai Ramer, Associate
p.:\.'-iOMElENGINER.AGENDAIAGRMRIK2.W AU
~
Ri:k E~gíne::i:2g Exhibit A
5'9'97 .-/ Page 4
:)1
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,£ò;T kCHM¡=N-' D
~ -
?:::SOLl":~!ON NO, - 27~9
RESOLUTION Dr ,HE CI,Y COUNCIL OF THE C!IY OF CHULA
VISTA AUTHORIZING SUBMITTAL DF A R:::DUEST FOR
SOUNDWAll PROGRAM FUNDING IN THE 199B ST AT:::
TRANSPORT A liON IMPROVEMENTS PROGRAM FOR PLANNED
IMPROVEMENTS TO THE 1-805/0RANGE A VENUE
INT:::RCHANGE AND APPROVING THEfr'Htf;l,º¡.¡¡t¡;11:iß'"'~~ít TO
THE AGREEM::NT BETWEEN THE CITY OF CHUlA VISTA AND
RICK ENGINEE:RING COMPANY FOR PREPARATION OF A NOIS::
BARRIER SCOPE SUMMARY REPORT (NESSRI ¡::OR TH:: ,-
805/0RANGE AVENUE INTERCHANGE AND AUTHORIZING TH::
MA YOR TO EX::CUTE SAID AGREEMENT ON BEHALF OF TH::
CITY
WHEREAS. in January Df 1996. CDuncil apprDved an agreement with Rick Engineering
tD prepare Preliminary Studies fDr interchanges at 1-805 and Telegraph CanYDn RDad. Orange
Avenue and PalDmar Street which studies are required by Caltrans priDr tD cDnstructiDn Df
majDr :JrDjects within Caltrans Right Df Way; and
WHEREAS. a secDnd amendment tD the Rick Engineering cDntract was apprDved by
the City Council in May Df 1997 ior additional wDrk required by Caltrans fDr the I·
B05fTelegraph Canyon RDad interchange; and
WHEREAS. in ¡::ebruary of 1997. Caltrans nDtified the City of the anticipated funding
DpporTunities for retrDiit Sound wall projects along IDcal freeways; and
WHEREAS. Caltrans' regulations require submittal of a Draft NDise Sarrier SCDpe
Summa'y Report by July 25. 1997. in order tD qualify for cO:'1sideration in the funding
prDgram and a resDluTlon hDm the CDuncil authDrizlng submittal Df the request; and
WHEREAS. a third amendment to the agreement with Rick Engineering is required for
work in cDnnectiDn with the Draft NDise Barrier SCDpe Summary Report submittal.
NOW. THERE¡::ORE. BE IT RESDlVED the City Council Df the City Df Chula Vista dDes
hereby authDrize submittal Df a request fDr Soundwall PrDgram ¡::unding in the 1998 State
TransportatiDn ImprDvements Program fDr planned imprDvements tD the I-B05/0range Avenue
interchange.
,3:: iT FURTHER RESOLVED that the City Council does hereby approved the Third
Amendment tD the Agreement between the City Df Chula Vista and Rick Engineering CDmpany
fDr pre;>aration of a NDise Barrier Scope Summary Report (NBSSR) for the I-BD5/0range
Avenue interchange. a CDPY Df which is Dn file in the Dffice of the City Clerk as Document ND.
C097-136.
3:: IT ¡::URTHER RESOLVED that the MaYDr Df the City Df Chula Vista is hereby
authorized and directed tD execute said Third Amendment fDr and on behalf Df the City of
Chula Vista.
.£:3
-../
- -- _.__....._~_._-_._-_.._-_..- ---- ._.._-_._-_.._.._--_..._._."._.._~...
'iesolutioc . 3749
=-age 2
?r€sente::: ::y' Approved as to iD''', by
µ~!1~:;~ //~A~~
Jot P. L-í:J:>i:t ~ Kaheny C/)
;), etor ¡:;í ?ublie Worts . Anorney
-
5(
h8SDI'J110n -,37L:9
Page ::
?J-,SSED, f..,??MD\I=:D. and ADO?"'7"=D by t:ìe City CDun::::i; J~ 1he City 0: :i1UiG V!S:é1.
California, this 5th day of August. 1997. by the foliowing vote:
AY::S: Councilmembers: Moot, Padilla, Rindone. Salas, and Horton
NA YES: Councilmembers: None
A~SENT: Councilmembers: None
;'.=:STAIN: Councilmembers: None
Aiv~~i~k
Shirley Ho on, Mayor
ATTEST:
-
STATE OF CALIFORNIA )
COU!\'TY OF SAN DIEGO )
CITY 0;: CHULA VISTA I
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify tha:
the foregoing Resoiu:ion No. 18749 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista Ci¡y Council heid on the 5th day of August,
1997.
Executed this 5th day of August, 1997
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5~
.. m --_..... -...- -----~- - --....,-.- --------
-- -- ----~- ---
COUNCIL AGENDA STATEMP,T
ltern___
Meeting Date 8/5'97
ITEM TITLE: ~ L),;), Authorizing SubmittaJ of a Request for Soundwall Program
Reso]mion J n -' i
Funding in the 1998 State Transponation Improvements Program for planned
improvements to the 1-805/0range A venue interchange and Approving the Tnird
Amendment to the agreement between the City of Chula Vista and Rick
Engineering Company for preparation of a Noise Barrier Scope Summary ReDon
(NBSSR) for the 1-805/0range A venue interchange and authorizing the Mayor to
execute said agreement on behalf of the City.
SUBMITTED BY: Director of Public wor~
lŒ\'1EWED BY' C;,y _~ 1:11 J (41"'" V"", Y~_N..xJ
. ~7
In January of 19%, Council approved an agreem with Rick Engineering to prepare Preliminary StudIes
for interchanges at 1-805 and Telegraph Canyon Road, Orange A venue and Palomar Street. Such stUdies
are n:quired by CaJT rans prior to construction of major projects within CalTrans Right of Way. A second
amendment to the Rick Engineering contract was approved by the City Council in May of 1997 for
additional work J""..quired by CalTrans for the 1-805/Telegraph Canyon Road interchange. In February of
1997, CalTrans notified the City of the anticipated funding opportunities for retrofit Soundwal1 projects
along local freeways. CalTrans' regulations require submittal of a Draft Noise Barrier Scope Summary
Report by July 25. 1997, in order to qualify for consideration in the funding program and a resolution ITom
the Council authorizing subminal of the request. A third amendment to the agreement with Rick
Engineering is required for work in connection with the Draft Noise Barrier Scope Summary Repan
subminal.
RECOMMENDATION: That Council authorize the submittal of a funding request and approve the Tnird
Amendment of the agreement with Rick Engineering for preparation of a Noise Barrier Scope Summary
Report for the 1-805/0range A venue interchange and authorize the Mayor to execute said agreement on
behalf of the Cit)' retroactive to June 30,1997.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: In February of 1997, CalTrans notified the City of anticipated funding opponunities for
retrofit Soundwall projects along local freeways. City staff initial1y notified CalTrans staff of the intent
to pursue the Soundwall program funding for the 1-805/0range A venue Interchange in May of 1997. In
late June, CalTrans staff requested the City submit a Draft Noise Barrier Scope Smnmary Report by July
25,1997, in order to qualify for consideration in the funding program. CalTrans also requires that the City
Council authorize the submittal of the application by resolution.
On January 23, 1996, Council, by Resolution 18193, approved an agreement with Rick Engineering
Company to perfonn Preliminary Engineering Design Studies for interchanges with I-80S at Telegraph
Canyon Road, Orange Avenue and Palomar Street. A second amendment was approved on May 20, 1997.
Tne proposed third amendment to the contract includes twO changes. The changes are an adjusnnent of
the scope of work and the compensation.
I, ¡ SIv
.1 -'
Page 2, Itcm_
Jv1eeting DaH:
Tn~ current co=ac! calls for pr::paration of a combin:d Project Srudy ReportfProj~c! Report !PSR/PR)
fo~ th: 1-805fOrang: Avenue inrerchang:. The preparation of a s::para!e Noise Bar.ier Scope Summary
R::por! (MBSSR) is required in order to pursue soundwall program funding in the 1998 State
T~ortation lmprovement Program. While much of the information required for a NBSSR is hemg
deve10ped for the PSRlPR, an additional level of documentation is required.
Tn: second amendment includes both an adjustment of the detailed scope of work and the compensation
to address the pr::paration of an NBSSR for the above improvements. The curren: contract amount of
Sf>.Ç8.390 would be increased by £6,000 as a resu]¡ of the third amendment.
The contract amendmem is requested to be retroactive to June 30, 1997, because notice of the July 25.
1997 deadline for submittal of the Noise Barrier Scope Summary Repon (NBSSR) was not provided by
CalTrans untillaIe June. Subsequent discussions with CalTrans were required to determine the level of
effort required to prepare the NBSSR and whether an aID.."Ildment 10 the Rick contract would be required.
By the time this issue was resolved with CalTrans in early July, there was not sufficient time 10 wail 10
initiare preparation of the NBSSR until after the contrac! amendmem was approved by the Ciry Council
and still meet the CalTrans' soundwall program funding deadlines. In the future Staff will send Council
an informationaJ memorandum if this ¡ype of situation arises again.
The proposed soundwalls will be constructed in conjunction with the proposed expansion of the I·
805fOrange A venue interchange and are required as a environmental noise mitigation measure. The
proposed sound walls include a 1O¡a] of approximately 2.290 meters of soundwal1 (7.511 lineal feet) along
both sides of the Íreeway both north and south of Orange Avenue. Tnis ranges Írom 2 low of 370 meters
(1,213 lineal feet) ofs01md wall on the south bound Íreeway north of Orange Avenue 10 940 meters (3,083
feet) along the northbound freeway right of way south of Orange A venue. The very preliminary estimaœd
caS! of the proposed soundwalls is $2,500,000. Under the CalTrans' soundwall retrofit program 213 the
cost of the soundwalls would be paid for by CalTrans. Thus, the cost of the 1-805fOrange A venue
In!erchange Tran.:.""Ponation Development Impact Fee (TDIF) project wou1d be reimbursed Sl ,667,00010
the Ciry's TDIF fund lowering the overall caS! to the Ci!)' and the developers if CalTrans approves our
request.
mCAL IMPACT: S550,OOO was appropriated for this project as STM327 in accoum number 621·
6210 (TDIF Fund). Of that amount, $503,120 was aIIoned for Rick Engineering and the remainder to
cover staff time. A !ota! of $145,270 was allocated for the compensation adjustmem for Amendment Two,
bringing the contract total to S648,390. An additionaJ $6,000 will be allocated for Amendment Three.
CIP project numb~r STM327 includes sufficient unallocated funds to cover this amendment. All COS15
associated with this project are Írom the TDIF program. The TDIF fund would be reimbursed for 2i3 the
cas! of the sound walls. A preliminary estimate oftha! amount is 51,667,000.
Attachments:
Exhibi! A - Lener Írom CalTrans NOT SCANNED
Fiì::: 0735-) 0- STM327
0735-10-5TM328
H:IHOMEIENGtKEERIAGENDAIRJCKA85.CLS
C]
---.-.-.-.-......-- 1J..l~b -/ _._._
.--.- ~ "
TI-IIRD AMENDMENT TO AGREEMENT BETWEEN
CTIT OF CHULA VISTA AND RJCK ENGINEERING COMPAk'j'
FOR PRELIMINARY ENGINEERING DES]GN SERVICES
FOR THREE INTERCH.I>,J"¡GES WITH I-80S
AT TEL:ÒGRlI.PH CANYON ROAD, ORANGE A VENUE A'ID PALOMAR STREET
TI-IIS TIJIRD AMENDMENT TO THE AGREEMENT FOR PRELIMINARY DES]GN SERVICES
APPROVED BY RESOLUTION ]8]93 (AMENDMENT) is entered into as of August 5, ]997, by and
betWeen the City of Chula Vista (C]TY) a municipal chanered corporation of the State of California, and Rick
Engine::ring Company (CONSULTANT), whose place of business and telephone numbers are set forth on
Exhibit A, Paragraph 6.
RECITALS:
\\'1EREAS, the City of Chula Vista has approved an agreement with Rick Engineering Company dated
January 23, 1996 and approved by Resolution] 8] 93 (Agreement); and
WHEREAS, CIn' has been notified by Caltrans of anticipated funding opportunities for retrofit soundwall
proje::ts along lo::al freeways; and
\\'HSREAS, preíiminary engineering studies for the I-80S/Orange A venue interchange have determined that
i11S'.allation of soundwalls are likely to be required; and
\\'HSREAS, the soundwall fundingprograrn in the ]998 State Transportation Improvement Program could
provide 67% of trie cost of instaliing new soundwalls: and
\\'HSREAS, CIIT was notified by Caltrans that the preparation and submittal of a Noise Barrier Scope
Summary Repor: is required to qualify as a candidate project for the soundwall funding program; and
\\'HSREAS, CITY was notified by Caltrans in late June that the deadlinefor submitting a Noise Barrier Scope
Summary Report if July 25, 1997; and
WHEREAS, both CIIT and CONSULTANT desire to amend the Agreement approved by Resolution 18193
to revise the scope of work to incJude additional items required to compete for funds from the soundwall
program.
Rick Engineering Exhibit A
July 24, 1997 Page 1
Lð C097 - J3¡'
~ '
~ - /?' / (7"/ µ/ q
NOW, THEREFORE, Exhibit A of the Agreement is hereby amendd to rcad as follows:
A Amend SA. D"tailed Scope of Work as follows:
Orange Avenue
Phase 6 (Project Study R"portlProj"ct Report for East Orange A venue)
Prepare Noise Banier Scope Summary Report (NBSSR) per CaÌlrans Project Devdopment Proœòures
Manual guidelines with data available from ongoing project A Draft NBSSR shall be submin:od to
Cahrans no later than July 25, J 997, and a Final NBSSR no lat"r than August] 8, 1997.
B Amend 1 JB Fixed Fee Ammgement as follows.
The feefor Phase 6 is amended from $] 04,720 to $] ] 0,720.
C Except as modified herein, all other provisions of the Agre:oment approved by R"solurion ] 8'93 on
January 23. ] 996, shall remain in full force and "ffect.
End of Agreement
Signature Page Follows
Rick Engineering Exhibit A
July 24, 1997 ~c¡ Page 2
----_.."--- - ....- ..---------- ~ - - ~ -" --- -~-_._- "-- -.-
Signature Page
for the Third Amendment to
.¿.greement between City of Chula Vistz and Rick Engineering Company
for Preliminary Engineering Design Secvices
For Three 1nterchanges With 1-805
At Telegraph Canyon Road, Orange A venue and Palomar Street
IN \\,11"",SS WHEREOF, CIn' AND CONSULTANT have executed this Tnird Amendment
thereby indicating that they have read and understood same, and indicare their full and complete consent to
its terms:
City ofChula ViS12 Rick Engineering Company
Dated: ¡::JÚ6frcS/ ~,]997 Dated: ..;:ju:- Y Vf , ]997
By: )yhJ,/¡/// ,/-.J4:i11 ¡rl\ By: ¿:::¿
Shirley Hbnon, Mayor Kai Ramer, Associate
0
Anes:::
¡Ja
Approved as to ÎO:111:
, ¡¿O
(
l John M. Kaheny, City AnD
Rick Engineering Exhibii A
July 24, 1997 Page 3
&0
NOW, THEREFORE, BE IT RESOLVED that the city council of
the City of Chula vista hereby waives the consultant selection
process of Municipal Code Section 2.56.070 because of the
substantial design work already performed by Rick Engineering on
the project which makes the selection impractical and potentially
detrimental to the project in light of the need for coordinated
design drawings.
BE IT FURTHER RESOLVED that the City council of the City
of Chula vista does hereby approve the Fourth Amendment to the
agreement between the city of Chula vista and Rick Engineering
Company for preliminary engineering design services for three
interchanges with Interstate 805 at Telegraph Canyon Road, Olympic
Parkway and Palomar Street, a copy of which is on file in the
office of the city Clerk as Document No. C. () q (f.:z ;;¿ '7.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said agreement on behalf of the City.
BE IT FURTHER RESOLVED that the sum of $355,050 is hereby
appropriated in Transportation Development Impact Fees (Fund 621-
6210) to Project STM-327.
Presented by Approved as to form by
(~' ~
John P. Lippitt, Director of JO~heny, cit Attorney
Public Works
c:\rs\rick.4th
2
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